Florida Senate - 2022                                     SB 888
       
       
        
       By Senator Jones
       
       
       
       
       
       35-00035A-22                                           2022888__
    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; prohibiting the use of deadly
    9         force by a person who knows that he or she can avoid
   10         the necessity of using deadly force with complete
   11         safety by retreating; deleting provisions stating that
   12         a person using or threatening to use deadly force does
   13         not have a duty to retreat and has the right to stand
   14         his or her ground under certain circumstances;
   15         repealing s. 776.032, F.S., relating to immunity from
   16         criminal prosecution and civil action for justifiable
   17         use or threatened use of force; reenacting s.
   18         790.25(5), F.S., relating to lawful ownership,
   19         possession, and use of firearms and other weapons, to
   20         incorporate the amendment made to s. 776.012, F.S., in
   21         a reference thereto; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. This act may be cited as the “Self-Defense
   26  Restoration Act.”
   27         Section 2. Section 776.012, Florida Statutes, is amended to
   28  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 avoid the necessity of using deadly force with complete
   47  safety by retreating does not have a duty to retreat and has the
   48  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  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 to
   52  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 dwelling 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 use 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 avoid the necessity of using deadly
   73  force with complete safety by retreating does not have a duty to
   74  retreat and has the right to stand his or her ground if the
   75  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, subsection (5) of section 790.25, Florida
   82  Statutes, is reenacted to read:
   83         790.25 Lawful ownership, possession, and use of firearms
   84  and other weapons.—
   85         (5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding
   86  subsection (2), it is lawful and is not a violation of s. 790.01
   87  for a person 18 years of age or older to possess a concealed
   88  firearm or other weapon for self-defense or other lawful purpose
   89  within the interior of a private conveyance, without a license,
   90  if the firearm or other weapon is securely encased or is
   91  otherwise not readily accessible for immediate use. Nothing
   92  herein contained prohibits the carrying of a legal firearm other
   93  than a handgun anywhere in a private conveyance when such
   94  firearm is being carried for a lawful use. Nothing herein
   95  contained shall be construed to authorize the carrying of a
   96  concealed firearm or other weapon on the person. This subsection
   97  shall be liberally construed in favor of the lawful use,
   98  ownership, and possession of firearms and other weapons,
   99  including lawful self-defense as provided in s. 776.012.
  100         Section 6. This act shall take effect upon becoming a law.