Florida to Amend its "Stand Your Ground Law"

Gov. Rick Scott 

TALLAHASSEE, FL – Florida Governor Rick Scott today announced that he will sign into law an amendment to Florida’s “stand your ground” law that was proposed by the Florida Association of Retired Cops and endorsed by the National Rifle Association.  “It is clear to me, and I assume that it will be clear to our legislature, that as presently enacted, and has has been demonstrated by a recent event,  the stated grounds for using deadly force is not as encompassing as needed for the protection of our retired first responders and other residents of the Sunshine State.  While Florida prides itself as being at the forefront of those states who abide by the letter and spirit of the Second Amendment, I and my chums in the legislature will clarify, protect, and expand our constitutional right.  The public demands that we do so.”

The statutory amendment was drafted by George W. Smoot, III, Esq., counsel to the NRA, and will be introduced by bi-partisan Republican legislators on March 4, 2014, the opening of the 2014 legislative session.  Quick passage is expected.

The proposed amendment is set forth below:

CHAPTER 2014-16

Senate Bill No. 251

An act relating to use of deadly force, presumption of fear of death or great bodily  harm, amending s. 776.013, F.S.  providing clarification of the appropriateness of the use of deadly force; providing a retroactive effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1.  Subsection (1) of  section 776.013, Florida Statutes, entitled “Justifiable Use of Force” is amended to read:

(1)  A person is presumed to have held a reasonable fear of imminent peril of death, great bodily harm, or irritation to himself or herself or another when using defense force that is intended or likely to cause death, great bodily harm, or irritation to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, movie theater, or occupied vehicle of if that person had removed or was attempting to remove another against the person’s will from the dwelling, residence, movie theater, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful, forcible entry, or unlawful, forcible, or irritating act was occurring or had occurred.

Section 2.        This act shall take effective retroactively to January 1, 2014.