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.