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FL S0344

Bill

Status

Failed

3/11/2016

Primary Sponsor

Rules

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Expands home protection laws by removing the requirement that a person be "attacked" in their dwelling, residence, or vehicle and instead requires only a reasonable belief that force is necessary to prevent imminent death, great bodily harm, or commission of a forcible felony.

  • Eliminates the requirement to cross-reference specific sections (776.012 and 776.031) when justifying use of force in a dwelling, residence, or vehicle.

  • Changes language in immunity provisions from "immunity from prosecution" to "immunity from liability" in civil action cases.

  • Requires the burden of proof by clear and convincing evidence to be on the party seeking to overcome self-defense immunity claims in criminal prosecutions once a prima facie claim has been raised at a pretrial immunity hearing.

  • Clarifies that courts must award reasonable attorney fees, court costs, compensation for loss of income, and defense expenses in civil actions when the defendant is found immune from liability.

Legislative Description

Justifiable Use or Threatened Use of Defensive Force

Last Action

Died in Judiciary Committee

3/11/2016

Committee Referrals

Judiciary2/12/2016
Rules11/18/2015
Appropriations Subcommittee on Criminal and Civil Justice10/23/2015
Criminal Justice10/6/2015

Full Bill Text

No bill text available