Florida Senate - 2019                                     SB 636
       
       
        
       By Senator Braynon
       
       
       
       
       
       35-00926-19                                            2019636__
    1                        A bill to be entitled                      
    2         An act relating to use or threatened use of force;
    3         amending ss. 776.012 and 776.013, F.S.; revising the
    4         standard under which a person is justified in using or
    5         threatening to use nondeadly or deadly force from a
    6         person’s reasonable belief to the objective belief of
    7         a reasonably cautious and prudent person in the same
    8         circumstances; amending s. 776.032, F.S.; revising the
    9         burden of proof from clear and convincing evidence to
   10         a preponderance of the evidence which the party
   11         seeking to overcome immunity from criminal prosecution
   12         under a specified provision must prove; providing that
   13         immunity from prosecution is not available to an
   14         aggressor; reenacting s. 790.25(5), F.S., relating to
   15         lawful ownership, possession, and use of firearms and
   16         other weapons, to incorporate the amendment made to s.
   17         776.012, F.S., in a reference thereto; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 776.012, Florida Statutes, is amended to
   23  read:
   24         776.012 Use or threatened use of force in defense of
   25  person.—
   26         (1) A person is justified in using or threatening to use
   27  force, except deadly force, against another when and to the
   28  extent that a reasonably cautious and prudent person in the same
   29  circumstances would objectively believe the person reasonably
   30  believes that such conduct is necessary to defend himself or
   31  herself or another against the other’s imminent use of unlawful
   32  force. A person who uses or threatens to use force in accordance
   33  with this subsection does not have a duty to retreat before
   34  using or threatening to use such force.
   35         (2) A person is justified in using or threatening to use
   36  deadly force if a reasonably cautious and prudent person in the
   37  same circumstances would objectively believe he or she
   38  reasonably believes that using or threatening to use such force
   39  is necessary to prevent imminent death or great bodily harm to
   40  himself or herself or another or to prevent the imminent
   41  commission of a forcible felony. A person who uses or threatens
   42  to use deadly force in accordance with this subsection does not
   43  have a duty to retreat and has the right to stand his or her
   44  ground if the person using or threatening to use the deadly
   45  force is not engaged in a criminal activity and is in a place
   46  where he or she has a right to be.
   47         Section 2. Subsection (1) of section 776.013, Florida
   48  Statutes, is amended to read:
   49         776.013 Home protection; use or threatened use of deadly
   50  force; presumption of fear of death or great bodily harm.—
   51         (1) A person who is in a dwelling or residence in which the
   52  person has a right to be has no duty to retreat and has the
   53  right to stand his or her ground and use or threaten to use:
   54         (a) Nondeadly force against another when and to the extent
   55  that a reasonably cautious and prudent person in the same
   56  circumstances would objectively believe the person reasonably
   57  believes that such conduct is necessary to defend himself or
   58  herself or another against the other’s imminent use of unlawful
   59  force; or
   60         (b) Deadly force if a reasonably cautious and prudent
   61  person in the same circumstances would objectively believe he or
   62  she reasonably believes that using or threatening to use such
   63  force is necessary to prevent imminent death or great bodily
   64  harm to himself or herself or another or to prevent the imminent
   65  commission of a forcible felony.
   66         Section 3. Subsection (4) of section 776.032, Florida
   67  Statutes, is amended, subsection (1) of that section is
   68  republished, and subsection (5) is added to that section, to
   69  read:
   70         776.032 Immunity from criminal prosecution and civil action
   71  for justifiable use or threatened use of force.—
   72         (1) A person who uses or threatens to use force as
   73  permitted in s. 776.012, s. 776.013, or s. 776.031 is justified
   74  in such conduct and is immune from criminal prosecution and
   75  civil action for the use or threatened use of such force by the
   76  person, personal representative, or heirs of the person against
   77  whom the force was used or threatened, unless the person against
   78  whom force was used or threatened is a law enforcement officer,
   79  as defined in s. 943.10(14), who was acting in the performance
   80  of his or her official duties and the officer identified himself
   81  or herself in accordance with any applicable law or the person
   82  using or threatening to use force knew or reasonably should have
   83  known that the person was a law enforcement officer. As used in
   84  this subsection, the term “criminal prosecution” includes
   85  arresting, detaining in custody, and charging or prosecuting the
   86  defendant.
   87         (4) In a criminal prosecution, once a prima facie claim of
   88  self-defense immunity from criminal prosecution has been raised
   89  by the defendant at a pretrial immunity hearing, the burden of
   90  proof by a preponderance of the evidence clear and convincing
   91  evidence is on the party seeking to overcome the immunity from
   92  criminal prosecution provided in subsection (1).
   93         (5) Immunity from prosecution is not available to an
   94  aggressor, as provided in s. 776.041.
   95         Section 4. For the purpose of incorporating the amendment
   96  made by this act to section 776.012, Florida Statutes, in a
   97  reference thereto, subsection (5) of section 790.25, Florida
   98  Statutes, is reenacted to read:
   99         790.25 Lawful ownership, possession, and use of firearms
  100  and other weapons.—
  101         (5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding
  102  subsection (2), it is lawful and is not a violation of s. 790.01
  103  for a person 18 years of age or older to possess a concealed
  104  firearm or other weapon for self-defense or other lawful purpose
  105  within the interior of a private conveyance, without a license,
  106  if the firearm or other weapon is securely encased or is
  107  otherwise not readily accessible for immediate use. Nothing
  108  herein contained prohibits the carrying of a legal firearm other
  109  than a handgun anywhere in a private conveyance when such
  110  firearm is being carried for a lawful use. Nothing herein
  111  contained shall be construed to authorize the carrying of a
  112  concealed firearm or other weapon on the person. This subsection
  113  shall be liberally construed in favor of the lawful use,
  114  ownership, and possession of firearms and other weapons,
  115  including lawful self-defense as provided in s. 776.012.
  116         Section 5. This act shall take effect July 1, 2019.