Florida 2024 Regular Session

Florida House Bill H0787 Latest Draft

Bill / Introduced Version Filed 12/07/2023

                               
 
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 
 
 
 
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 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 
 
 
 
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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. 
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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