Florida 2022 Regular Session

Florida House Bill H0073 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 73 2022
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0073-00
9	9	Page 1 of 4
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to the use or threatened use of force; 2
16	16	providing a short title; amending ss. 776.012 and 3
17	17	776.031, F.S.; deleting provisions stating that 4
18	18	persons who use or threaten to use force, other than 5
19	19	deadly force, do not have a duty to retreat before 6
20	20	using or threatening to use such force in defense of 7
21	21	persons or property; prohibiting the use of deadly 8
22	22	force by a person who knows that he or she can avoid 9
23	23	the necessity of using deadly force with complete 10
24	24	safety by retreating; deleting provisions stating that 11
25	25	a person using or threatening to use deadly force does 12
26	26	not have a duty to retreat and has the right to stand 13
27	27	his or her ground under certain circumstances ; 14
28	28	repealing s. 776.032, F.S., relating to immunity from 15
29	29	criminal prosecution and civil action for justifiable 16
30	30	use or threatened use of force; reenacting s. 17
31	31	790.25(5), F.S., relating to lawful ownership, 18
32	32	possession, and use of firearms and other weapons, to 19
33	33	incorporate the amendment made to s. 776.012, F.S., in 20
34	34	a reference thereto; providing an effective date. 21
35	35	22
36	36	Be It Enacted by the Legislature of the State of Florida: 23
37	37	24
38	38	Section 1. This act may be cited as "The Self -Defense 25
39	39
40	40	HB 73 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0073-00
46	46	Page 2 of 4
47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	Restoration Act." 26
52	52	Section 2. Section 776.012, Florida Statutes, is amended 27
53	53	to read: 28
54	54	776.012 Use or threatened use of force in defense of 29
55	55	person.— 30
56	56	(1) A person is justified in using or threatening to use 31
57	57	force, except deadly force, against another when and to the 32
58	58	extent that the person reasonably believes that such conduct is 33
59	59	necessary to defend himself or herself or another against the 34
60	60	other's imminent use of unlawful force. A person who uses or 35
61	61	threatens to use force in accordance with this subsection does 36
62	62	not have a duty to retreat before using or threatening to use 37
63	63	such force. 38
64	64	(2) A person is justified in using or threatening to use 39
65	65	deadly force if he or she reasonably believes that using or 40
66	66	threatening to use such force is necessary to prevent imminent 41
67	67	death or great bodily harm to himself or herself or another or 42
68	68	to prevent the imminent commission of a forcible felony. A 43
69	69	person may not who uses or threatens to use deadly force in 44
70	70	accordance with this subsection if the person knows that he or 45
71	71	she can avoid the necessity of using deadly force with complete 46
72	72	safety by retreating does not have a duty to retreat and has the 47
73	73	right to stand his or her ground if the person using or 48
74	74	threatening to use the deadly force is not engaged in a criminal 49
75	75	activity and is in a place where he or she has a right to be . 50
76	76
77	77	HB 73 2022
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0073-00
83	83	Page 3 of 4
84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	Section 3. Section 776.031, Florida Statutes, is amended 51
89	89	to read: 52
90	90	776.031 Use or threatened use of force in defense of 53
91	91	property.— 54
92	92	(1) A person is justified in using or threatening to use 55
93	93	force, except deadly force, against another when and to the 56
94	94	extent that the person reasonably believes that such conduct is 57
95	95	necessary to prevent or terminate the other's trespass on, or 58
96	96	other tortious or criminal interference with, either real 59
97	97	property other than a dwelling or personal prop erty, lawfully in 60
98	98	his or her possession or in the possession of another who is a 61
99	99	member of his or her immediate family or household or of a 62
100	100	person whose property he or she has a legal duty to protect. A 63
101	101	person who uses or threatens to use force in accordan ce with 64
102	102	this subsection does not have a duty to retreat before using or 65
103	103	threatening to use such force. 66
104	104	(2) A person is justified in using or threatening to use 67
105	105	deadly force only if he or she reasonably believes that such 68
106	106	conduct is necessary to prevent t he imminent commission of a 69
107	107	forcible felony. A person may not who uses or threatens to use 70
108	108	deadly force in accordance with this subsection if the person 71
109	109	knows that he or she can avoid the necessity of using deadly 72
110	110	force with complete safety by retreating does not have a duty to 73
111	111	retreat and has the right to stand his or her ground if the 74
112	112	person using or threatening to use the deadly force is not 75
113	113
114	114	HB 73 2022
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0073-00
120	120	Page 4 of 4
121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	engaged in a criminal activity and is in a place where he or she 76
126	126	has a right to be. 77
127	127	Section 4. Section 776.032, Florida Statutes, is repealed. 78
128	128	Section 5. For the purpose of incorporating the amendment 79
129	129	made by this act to section 776.012, Florida Statutes, in a 80
130	130	reference thereto, subsection (5) of section 790.25, Florida 81
131	131	Statutes, is reenacted to read: 82
132	132	790.25 Lawful ownership, possession, and use of firearms 83
133	133	and other weapons.— 84
134	134	(5) POSSESSION IN PRIVATE CONVEYANCE. —Notwithstanding 85
135	135	subsection (2), it is lawful and is not a violation of s. 790.01 86
136	136	for a person 18 years of age or older to possess a concealed 87
137	137	firearm or other weapon for self -defense or other lawful purpose 88
138	138	within the interior of a private conveyance, without a license, 89
139	139	if the firearm or other weapon is securely encased or is 90
140	140	otherwise not readily accessible for immediate use. Nothing 91
141	141	herein contained prohibits the carrying of a legal firearm other 92
142	142	than a handgun anywhere in a private conveyance when such 93
143	143	firearm is being carried for a lawful use. Nothing herein 94
144	144	contained shall be construed to authorize the carrying of a 95
145	145	concealed firearm or other weapon on the person. This subsection 96
146	146	shall be liberally construed in favor of the lawful use, 97
147	147	ownership, and possession of firearms and other weapons, 98
148	148	including lawful self -defense as provided in s. 776.012. 99
149	149	Section 6. This act shall take effect upon becoming a law. 100