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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.