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FL H0089
Bill
Status
6/20/2014
Primary Sponsor
Judiciary Committee
Click for details
AI Summary
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Extends Florida's justifiable use of force laws (Chapter 776) to cover threatened use of force, not just actual use of force, providing the same criminal and civil immunity protections.
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Eliminates duty to retreat for persons lawfully using or threatening nondeadly force; eliminates duty to retreat for threatened deadly force when person is not engaged in criminal activity and is in a place where they have a right to be.
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Adds subsection (6) to Section 775.087 allowing courts to decline imposing mandatory minimum sentences for aggravated assault convictions when the defendant had good faith belief the assault was justifiable under Chapter 776, was not committing another crime, poses no threat to public safety, and circumstances don't warrant such sentence.
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Creates new Section 776.09 requiring prosecutors and courts to document in writing when charging documents are not filed or are dismissed based on findings of lawful self-defense, and establishes expunction procedures for such cases.
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Adds new subsection (5) to Section 943.0585 allowing persons whose charges were dismissed or not filed due to lawful self-defense findings to obtain certificates of eligibility for expunction notwithstanding standard eligibility requirements; establishes $75 processing fee.
Legislative Description
Threatened Use of Force
Last Action
Chapter No. 2014-195
6/20/2014