Florida 2024 Regular Session

Florida House Bill H0787 Compare Versions

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

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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
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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, respectively; prohibiting the use 8
22	22	of deadly force by a person who knows that he or she 9
23	23	can avoid the necessity of using deadly force with 10
24	24	complete safety by retreating; deleting provisions 11
25	25	stating that a person using or threatening to use 12
26	26	deadly force does not have a duty to retreat and has 13
27	27	the right to stand his or her ground under certain 14
28	28	circumstances; repealing s. 776.032, F.S., relating to 15
29	29	immunity from criminal prosecution and civil action 16
30	30	for justifiable use or threatened use of force; 17
31	31	reenacting s. 790.25(4)(c), F.S., relating to lawful 18
32	32	ownership, possession, and use of firearms and other 19
33	33	weapons, to incorporate the amendment made to s. 20
34	34	776.012, F.S., in a reference thereto; providing an 21
35	35	effective date. 22
36	36	23
37	37	Be It Enacted by the Legislature of the State of Florida: 24
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40	40	HB 787 2024
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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
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51	51	Section 1. This act may be cited as the "Self -Defense 26
52	52	Restoration Act." 27
53	53	Section 2. Section 776.012, Florida Statutes, is amended 28
54	54	to read: 29
55	55	776.012 Use or threatened use of force in defense of 30
56	56	person.— 31
57	57	(1) A person is justified in using or threatening to use 32
58	58	force, except deadly force, against another when and to the 33
59	59	extent that the person reasonably believes that such conduct is 34
60	60	necessary to defend himself or herself or another against the 35
61	61	other's imminent use of unlawful force. A person who uses or 36
62	62	threatens to use force in accordance with this subsection does 37
63	63	not have a duty to retreat before using or threatening to use 38
64	64	such force. 39
65	65	(2) A person is justified in using or threatening to use 40
66	66	deadly force if he or she reasonably believes that using or 41
67	67	threatening to use such force is necessary to prevent imminent 42
68	68	death or great bodily harm to himself or herself or another or 43
69	69	to prevent the imminent commission of a forcible felony. A 44
70	70	person may not who uses or threatens to use deadly force in 45
71	71	accordance with this subsection if the person knows that he or 46
72	72	she can, with complete safety, avoid the necessity of using 47
73	73	deadly force by retreating does not have a duty to retreat and 48
74	74	has the right to stand his or her ground if the person using or 49
75	75	threatening to use the deadly force is not engaged in a criminal 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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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
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88	88	activity and is in a place where he or she has a right to be . 51
89	89	Section 3. Section 776.031, Florida Statutes, is amended 52
90	90	to read: 53
91	91	776.031 Use or threatened use of force in defense of 54
92	92	property.— 55
93	93	(1) A person is justified in using or threatening to use 56
94	94	force, except deadly force, against another when and to the 57
95	95	extent that the person reasonably believes that such conduct is 58
96	96	necessary to prevent or terminate the other's trespass on, or 59
97	97	other tortious or criminal interference with, either real 60
98	98	property other than a dwelli ng or personal property, lawfully in 61
99	99	his or her possession or in the possession of another who is a 62
100	100	member of his or her immediate family or household or of a 63
101	101	person whose property he or she has a legal duty to protect. A 64
102	102	person who uses or threatens to us e force in accordance with 65
103	103	this subsection does not have a duty to retreat before using or 66
104	104	threatening to use such force. 67
105	105	(2) A person is justified in using or threatening to use 68
106	106	deadly force only if he or she reasonably believes that such 69
107	107	conduct is necessary to prevent the imminent commission of a 70
108	108	forcible felony. A person may not who uses or threatens to use 71
109	109	deadly force in accordance with this subsection if the person 72
110	110	knows that he or she can, with complete safety, avoid the 73
111	111	necessity of using deadly force by retreating does not have a 74
112	112	duty to retreat and has the right to stand his or her ground if 75
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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
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125	125	the person using or threatening to use the deadly force is not 76
126	126	engaged in a criminal activity and is in a place where he or she 77
127	127	has a right to be. 78
128	128	Section 4. Section 776.032, Florida Statutes, is repealed. 79
129	129	Section 5. For the purpose of incorporating the amendment 80
130	130	made by this act to section 776.012, Florida Statutes, in a 81
131	131	reference thereto, paragraph (c) of subsection (4) of section 82
132	132	790.25, Florida Statutes, is reenacted to read: 83
133	133	790.25 Lawful ownership, possession, and use of firearms 84
134	134	and other weapons.— 85
135	135	(4) POSSESSION IN PRIVATE CONVEYANCE. — 86
136	136	(c) This subsection shall be liberally construed in favor 87
137	137	of the lawful use, ownership, and possession of firearms and 88
138	138	other weapons, including lawful self -defense as provided in s. 89
139	139	776.012. 90
140	140	Section 6. This act shall take effect upon becoming a law. 91