Deadly Force in Florida
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Joined: Mar 2005
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From: Jacksonville, Florida
Deadly Force in Florida
Great news about protecting yourself in Florida....this is cut from an e-mail my father sent me...don't know the original source.
"FLORIDA CASTLE DOCTRINE BILL"
On March 23, The Florida Senate passed SB-436, "Castle Doctrine" by a vote of YEAS 39 -- NAYS 0
On April 5, The Florida House passed SB-436, "Castle Doctrine" by a vote of YEAS 94 NAYS 20
On April 26, Governor Jeb Bush SIGNED SB-436, "Castle Doctrine" into law (Chapter No. 2005-27) It takes effect on October 1, 2005.
For those who want detailed information on why this bill is important, the following information is provided.
A great deal of erroneous information has been written, published and spoken about Florida's new "Castle Doctrine" bill.
Claims that the new law will turn Florida into the Wild West are not only an insult to intelligent people but give a patently false portrait of what the bill actually does.
The Florida "Castle Doctrine" bill does basically three things:
One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.
Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others.
Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.
It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.
In short, it gives rights back to law-abiding people and forces judges and prosecutors who are prone to coddling criminals to instead focus on protecting victims.
...great news in my opinion
"FLORIDA CASTLE DOCTRINE BILL"
On March 23, The Florida Senate passed SB-436, "Castle Doctrine" by a vote of YEAS 39 -- NAYS 0
On April 5, The Florida House passed SB-436, "Castle Doctrine" by a vote of YEAS 94 NAYS 20
On April 26, Governor Jeb Bush SIGNED SB-436, "Castle Doctrine" into law (Chapter No. 2005-27) It takes effect on October 1, 2005.
For those who want detailed information on why this bill is important, the following information is provided.
A great deal of erroneous information has been written, published and spoken about Florida's new "Castle Doctrine" bill.
Claims that the new law will turn Florida into the Wild West are not only an insult to intelligent people but give a patently false portrait of what the bill actually does.
The Florida "Castle Doctrine" bill does basically three things:
One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.
Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others.
Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.
It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.
In short, it gives rights back to law-abiding people and forces judges and prosecutors who are prone to coddling criminals to instead focus on protecting victims.
...great news in my opinion
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From: DETROIT, (formerly Eaton County, Michigan)
Almost all states have a duty to retreat UNLESS you are in your house.
Almost all states a person in thier house can use deadly force against an intruder when their is a risk of serious bodily injury or worst.
About time Florida is getting with the times.
Almost all states a person in thier house can use deadly force against an intruder when their is a risk of serious bodily injury or worst.
About time Florida is getting with the times.
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Joined: Mar 2005
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From: Jacksonville, Florida
True about your home, but this states specifically the car and "any place you have the right to be." No state that I know of has gone this far. In Florida specifically, it was my understanding that before this new law, you could only defend your home without attempting to retreat first, and anywhere else (including the car) you had to make an effort to retreat first.
Florida has always been on par with other states, it's just par was set too low. Now they are setting the bar. Hopefully other states will follow suit.
Florida has always been on par with other states, it's just par was set too low. Now they are setting the bar. Hopefully other states will follow suit.
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Joined: Dec 2004
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From:
Originally posted by l-menace
Almost all states a person in thier house can use deadly force against an intruder when their is a risk of serious bodily injury or worst.
Almost all states a person in thier house can use deadly force against an intruder when their is a risk of serious bodily injury or worst.
I KNEW I hated this sh$t hole of a state for a reason...
KC-10 FE out...
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Joined: Apr 2001
Posts: 691
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From: Gulf Coast
The three laws below were on the books in Florida prior to the passing of the new law. What is important in the first 2 is the last line. For those who get bad headaches from interpreting the law it states you may use any force neccessary up to deadly force to prevent the commission of a forcible felony against both a person and the property of a family member or your property. The last passage defines what a forcible felony is. The only major change made by the new law is that it expands allowable force to include misdemenors.
776.012 Use of force in defense of person.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other's imminent use of unlawful force. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony.
776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
776.012 Use of force in defense of person.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other's imminent use of unlawful force. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony.
776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
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Joined: May 1999
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From: Bradenton, Fl. USA
Basically, now if you are walking in a public park and some thug tries to hold you up, you can blow his brains out in public, assuming that the gun is legal and you had a right to be at the park. I love it.
Florida needs laws like this, the crime gets out of control here sometimes. Ever watch America's Most Wanted, 90% of the fugitive's run to Florida. They know they can blend in here and get away with stuff. The cops down here are a bunch of kids and you never see any where I live.
I remember reading a USA Today about ten years ago, the town I live in was ranked the 4th most dangerous in the country. It was based on violent crimes per capita.
Florida needs laws like this, the crime gets out of control here sometimes. Ever watch America's Most Wanted, 90% of the fugitive's run to Florida. They know they can blend in here and get away with stuff. The cops down here are a bunch of kids and you never see any where I live.
I remember reading a USA Today about ten years ago, the town I live in was ranked the 4th most dangerous in the country. It was based on violent crimes per capita.