HB 787 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0787-00
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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, respectively; prohibiting the use 8
of deadly force by a person who knows that he or she 9
can avoid the necessity of using deadly force with 10
complete safety by retreating; deleting provisions 11
stating that a person using or threatening to use 12
deadly force does not have a duty to retreat and has 13
the right to stand his or her ground under certain 14
circumstances; repealing s. 776.032, F.S., relating to 15
immunity from criminal prosecution and civil action 16
for justifiable use or threatened use of force; 17
reenacting s. 790.25(4)(c), F.S., relating to lawful 18
ownership, possession, and use of firearms and other 19
weapons, to incorporate the amendment made to s. 20
776.012, F.S., in a reference thereto; providing an 21
effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
25
HB 787 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0787-00
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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 1. This act may be cited as the "Self -Defense 26
Restoration Act." 27
Section 2. Section 776.012, Florida Statutes, is amended 28
to read: 29
776.012 Use 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
other's 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, with complete safety, avoid the necessity of using 47
deadly force by retreating does not have a duty to retreat and 48
has the 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
HB 787 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0787-00
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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
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 52
to read: 53
776.031 Use 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 other's trespass on, or 59
other tortious or criminal interference with, either real 60
property other than a dwelli ng 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 us e 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, with complete safety, avoid the 73
necessity of using deadly force by retreating does not have a 74
duty to retreat and has the right to stand his or her ground if 75
HB 787 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0787-00
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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
the 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, paragraph (c) of subsection (4) of section 82
790.25, Florida Statutes, is reenacted to read: 83
790.25 Lawful ownership, possession, and use of firearms 84
and other weapons.— 85
(4) POSSESSION IN PRIVATE CONVEYANCE. — 86
(c) This subsection shall be liberally construed in favor 87
of the lawful use, ownership, and possession of firearms and 88
other weapons, including lawful self -defense as provided in s. 89
776.012. 90
Section 6. This act shall take effect upon becoming a law. 91