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 or25threatens to use force in accordance with this subsection does26not have a duty to retreat before using or threatening to use27such 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.A33person who uses or threatens to use deadly force in accordance34with this subsection does not have a duty to retreat and has the35right to stand his or her ground if the person using or36threatening to use the deadly force is not engaged in a criminal37activity 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,43residence, or vehicle has no duty to retreat and has the right44to stand his or her ground and use or threaten to use force,45including deadly force, if he or she uses or threatens to use46force in accordance with s. 776.012(1) or (2) or s. 776.031(1)47or (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.A61person who uses or threatens to use force in accordance with62this subsection does not have a duty to retreat before using or63threatening 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 deadly68force in accordance with this subsection does not have a duty to69retreat and has the right to stand his or her ground if the70person using or threatening to use the deadly force is not71engaged in a criminal activity and is in a place where he or she72has 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.