Florida Senate - 2024 SB 96 By Senator Jones 34-00307-24 202496__ 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, respectively; prohibiting the use 9 of deadly force by a person who knows that he or she 10 can avoid the necessity of using deadly force with 11 complete safety by retreating; deleting provisions 12 stating that a person using or threatening to use 13 deadly force does not have a duty to retreat and has 14 the right to stand his or her ground under certain 15 circumstances; repealing s. 776.032, F.S., relating to 16 immunity from criminal prosecution and civil action 17 for justifiable use or threatened use of force; 18 reenacting s. 790.25(4)(c), F.S., relating to lawful 19 ownership, possession, and use of firearms and other 20 weapons, to incorporate the amendment made to s. 21 776.012, F.S., in a reference thereto; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1.This act may be cited as the Self-Defense 27 Restoration Act. 28 Section 2.Section 776.012, Florida Statutes, is amended to 29 read: 30 776.012Use or threatened use of force in defense of 31 person. 32 (1)A person is justified in using or threatening to use 33 force, except deadly force, against another when and to the 34 extent that the person reasonably believes that such conduct is 35 necessary to defend himself or herself or another against the 36 others imminent use of unlawful force. A person who uses or 37 threatens to use force in accordance with this subsection does 38 not have a duty to retreat before using or threatening to use 39 such force. 40 (2)A person is justified in using or threatening to use 41 deadly force if he or she reasonably believes that using or 42 threatening to use such force is necessary to prevent imminent 43 death or great bodily harm to himself or herself or another or 44 to prevent the imminent commission of a forcible felony. A 45 person may not who uses or threatens to use deadly force in 46 accordance with this subsection if the person knows that he or 47 she can, with complete safety, avoid the necessity of using 48 deadly force by retreating does not have a duty to retreat and 49 has the right to stand his or her ground if the person using or 50 threatening to use the deadly force is not engaged in a criminal 51 activity and is in a place where he or she has a right to be. 52 Section 3.Section 776.031, Florida Statutes, is amended to 53 read: 54 776.031Use or threatened use of force in defense of 55 property. 56 (1)A person is justified in using or threatening to use 57 force, except deadly force, against another when and to the 58 extent that the person reasonably believes that such conduct is 59 necessary to prevent or terminate the others trespass on, or 60 other tortious or criminal interference with, either real 61 property other than a dwelling or personal property, lawfully in 62 his or her possession or in the possession of another who is a 63 member of his or her immediate family or household or of a 64 person whose property he or she has a legal duty to protect. A 65 person who uses or threatens to use force in accordance with 66 this subsection does not have a duty to retreat before using or 67 threatening to use such force. 68 (2)A person is justified in using or threatening to use 69 deadly force only if he or she reasonably believes that such 70 conduct is necessary to prevent the imminent commission of a 71 forcible felony. A person may not who uses or threatens to use 72 deadly force in accordance with this subsection if the person 73 knows that he or she can, with complete safety, avoid the 74 necessity of using deadly force by retreating does not have a 75 duty to retreat and has the right to stand his or her ground if 76 the person using or threatening to use the deadly force is not 77 engaged in a criminal activity and is in a place where he or she 78 has a right to be. 79 Section 4.Section 776.032, Florida Statutes, is repealed. 80 Section 5.For the purpose of incorporating the amendment 81 made by this act to section 776.012, Florida Statutes, in a 82 reference thereto, paragraph (c) of subsection (4) of section 83 790.25, Florida Statutes, is reenacted to read: 84 790.25Lawful ownership, possession, and use of firearms 85 and other weapons. 86 (4)POSSESSION IN PRIVATE CONVEYANCE. 87 (c)This subsection shall be liberally construed in favor 88 of the lawful use, ownership, and possession of firearms and 89 other weapons, including lawful self-defense as provided in s. 90 776.012. 91 Section 6.This act shall take effect upon becoming a law.