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