Florida Senate - 2015 SB 626
By Senator Thompson
12-00375A-15 2015626__
1 A bill to be entitled
2 An act relating to the use of force; amending ss.
3 776.012, 776.013, and 776.031, F.S.; deleting
4 provisions specifying that a person has no duty to
5 retreat and has the right to stand his or her ground
6 and meet force with force in certain circumstances;
7 reenacting s. 790.25(5), F.S., to incorporate the
8 amendment made to s. 776.012, F.S., in a reference
9 thereto; reenacting s. 776.032(1), F.S., to
10 incorporate the amendments made to ss. 776.012,
11 776.013, and 776.031, F.S., in a reference thereto;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 776.012, Florida Statutes, is amended to
17 read:
18 776.012 Use or threatened use of force in defense of
19 person.—
20 (1) A person is justified in using or threatening to use
21 force, except deadly force, against another when and to the
22 extent that the person reasonably believes that such conduct is
23 necessary to defend himself or herself or another against the
24 other’s imminent use of unlawful force. A person who uses or
25 threatens to use force in accordance with this subsection does
26 not have a duty to retreat before using or threatening to use
27 such force.
28 (2) A person is justified in using or threatening to use
29 deadly force if he or she reasonably believes that using or
30 threatening to use such force is necessary to prevent imminent
31 death or great bodily harm to himself or herself or another or
32 to prevent the imminent commission of a forcible felony. A
33 person who uses or threatens to use deadly force in accordance
34 with this subsection does not have a duty to retreat and has the
35 right to stand his or her ground if the person using or
36 threatening to use the deadly force is not engaged in a criminal
37 activity and is in a place where he or she has a right to be.
38 Section 2. Subsection (3) of section 776.013, Florida
39 Statutes, is amended to read:
40 776.013 Home protection; use or threatened use of deadly
41 force; presumption of fear of death or great bodily harm.—
42 (3) A person who is attacked in his or her dwelling,
43 residence, or vehicle has no duty to retreat and has the right
44 to stand his or her ground and use or threaten to use force,
45 including deadly force, if he or she uses or threatens to use
46 force in accordance with s. 776.012(1) or (2) or s. 776.031(1)
47 or (2).
48 Section 3. Section 776.031, Florida Statutes, is amended to
49 read:
50 776.031 Use or threatened use of force in defense of
51 property.—
52 (1) A person is justified in using or threatening to use
53 force, except deadly force, against another when and to the
54 extent that the person reasonably believes that such conduct is
55 necessary to prevent or terminate the other’s trespass on, or
56 other tortious or criminal interference with, either real
57 property other than a dwelling or personal property, lawfully in
58 his or her possession or in the possession of another who is a
59 member of his or her immediate family or household or of a
60 person whose property he or she has a legal duty to protect. A
61 person who uses or threatens to use force in accordance with
62 this subsection does not have a duty to retreat before using or
63 threatening to use such force.
64 (2) A person is justified in using or threatening to use
65 deadly force only if he or she reasonably believes that such
66 conduct is necessary to prevent the imminent commission of a
67 forcible felony. A person who uses or threatens to use deadly
68 force in accordance with this subsection does not have a duty to
69 retreat and has the right to stand his or her ground if the
70 person using or threatening to use the deadly force is not
71 engaged in a criminal activity and is in a place where he or she
72 has a right to be.
73 Section 4. Subsection (5) of s. 790.25, Florida Statutes,
74 is reenacted for the purpose of incorporating the amendment made
75 by this act to s. 776.012, Florida Statutes, in a reference
76 thereto.
77 Section 5. Subsection (1) of s. 776.032, Florida Statutes,
78 is reenacted for the purpose of incorporating the amendments
79 made by this act to ss. 776.012, 776.013, and 776.031, F.S., in
80 a reference thereto.
81 Section 6. This act shall take effect upon becoming a law.