Florida Senate - 2022 SB 888 By Senator Jones 35-00035A-22 2022888__ 1 A bill to be entitled 2 An act relating to the use or threatened use of force; 3 providing a short title; amending ss. 776.012 and 4 776.031, F.S.; deleting provisions stating that 5 persons who use or threaten to use force, other than 6 deadly force, do not have a duty to retreat before 7 using or threatening to use such force in defense of 8 persons or property; prohibiting the use of deadly 9 force by a person who knows that he or she can avoid 10 the necessity of using deadly force with complete 11 safety by retreating; deleting provisions stating that 12 a person using or threatening to use deadly force does 13 not have a duty to retreat and has the right to stand 14 his or her ground under certain circumstances; 15 repealing s. 776.032, F.S., relating to immunity from 16 criminal prosecution and civil action for justifiable 17 use or threatened use of force; reenacting s. 18 790.25(5), F.S., relating to lawful ownership, 19 possession, and use of firearms and other weapons, to 20 incorporate the amendment made to s. 776.012, F.S., in 21 a reference thereto; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1.This act may be cited as the Self-Defense 26 Restoration Act. 27 Section 2.Section 776.012, Florida Statutes, is amended to 28 read: 29 776.012Use or threatened use of force in defense of 30 person. 31 (1)A person is justified in using or threatening to use 32 force, except deadly force, against another when and to the 33 extent that the person reasonably believes that such conduct is 34 necessary to defend himself or herself or another against the 35 others imminent use of unlawful force. A person who uses or 36 threatens to use force in accordance with this subsection does 37 not have a duty to retreat before using or threatening to use 38 such force. 39 (2)A person is justified in using or threatening to use 40 deadly force if he or she reasonably believes that using or 41 threatening to use such force is necessary to prevent imminent 42 death or great bodily harm to himself or herself or another or 43 to prevent the imminent commission of a forcible felony. A 44 person may not who uses or threatens to use deadly force in 45 accordance with this subsection if the person knows that he or 46 she can avoid the necessity of using deadly force with complete 47 safety by retreating does not have a duty to retreat and has the 48 right to stand his or her ground if the person using or 49 threatening to use the deadly force is not engaged in a criminal 50 activity and is in a place where he or she has a right to be. 51 Section 3.Section 776.031, Florida Statutes, is amended to 52 read: 53 776.031Use or threatened use of force in defense of 54 property. 55 (1)A person is justified in using or threatening to use 56 force, except deadly force, against another when and to the 57 extent that the person reasonably believes that such conduct is 58 necessary to prevent or terminate the others trespass on, or 59 other tortious or criminal interference with, either real 60 property other than a dwelling or personal property, lawfully in 61 his or her possession or in the possession of another who is a 62 member of his or her immediate family or household or of a 63 person whose property he or she has a legal duty to protect. A 64 person who uses or threatens to use force in accordance with 65 this subsection does not have a duty to retreat before using or 66 threatening to use such force. 67 (2)A person is justified in using or threatening to use 68 deadly force only if he or she reasonably believes that such 69 conduct is necessary to prevent the imminent commission of a 70 forcible felony. A person may not who uses or threatens to use 71 deadly force in accordance with this subsection if the person 72 knows that he or she can avoid the necessity of using deadly 73 force with complete safety by retreating does not have a duty to 74 retreat and has the right to stand his or her ground if the 75 person using or threatening to use the deadly force is not 76 engaged in a criminal activity and is in a place where he or she 77 has a right to be. 78 Section 4.Section 776.032, Florida Statutes, is repealed. 79 Section 5.For the purpose of incorporating the amendment 80 made by this act to section 776.012, Florida Statutes, in a 81 reference thereto, subsection (5) of section 790.25, Florida 82 Statutes, is reenacted to read: 83 790.25Lawful ownership, possession, and use of firearms 84 and other weapons. 85 (5)POSSESSION IN PRIVATE CONVEYANCE.Notwithstanding 86 subsection (2), it is lawful and is not a violation of s. 790.01 87 for a person 18 years of age or older to possess a concealed 88 firearm or other weapon for self-defense or other lawful purpose 89 within the interior of a private conveyance, without a license, 90 if the firearm or other weapon is securely encased or is 91 otherwise not readily accessible for immediate use. Nothing 92 herein contained prohibits the carrying of a legal firearm other 93 than a handgun anywhere in a private conveyance when such 94 firearm is being carried for a lawful use. Nothing herein 95 contained shall be construed to authorize the carrying of a 96 concealed firearm or other weapon on the person. This subsection 97 shall be liberally construed in favor of the lawful use, 98 ownership, and possession of firearms and other weapons, 99 including lawful self-defense as provided in s. 776.012. 100 Section 6.This act shall take effect upon becoming a law.