Florida Senate - 2017                      CS for CS for SB 1052
       
       
        
       By the Committees on Rules; and Judiciary; and Senator Simmons
       
       
       
       
       
       595-03068-17                                          20171052c2
    1                        A bill to be entitled                      
    2         An act relating to justifiable use of force; amending
    3         s. 776.013, F.S.; deleting a requirement that a person
    4         first be attacked in his or her dwelling, residence,
    5         or vehicle before using or threatening to use force;
    6         providing applicability; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (3) of section 776.013, Florida
   11  Statutes, is amended to read:
   12         776.013 Home protection; use or threatened use of deadly
   13  force; presumption of fear of death or great bodily harm.—
   14         (3) A person who is attacked in his or her dwelling,
   15  residence, or vehicle has no duty to retreat and has the right
   16  to stand his or her ground and use or threaten to use force,
   17  including deadly force, if he or she uses or threatens to use
   18  force in accordance with s. 776.012(1) or (2) or s. 776.031(1)
   19  or (2), except that the condition imposed in those subsections,
   20  which requires that the person using or threatening to use
   21  deadly force not be engaged in a criminal activity, does not
   22  apply to nonviolent misdemeanors.
   23         Section 2. This act shall take effect July 1, 2017.