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FL H0677

Bill

Status

Introduced

2/7/2017

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

2017 Regular Session

AI Summary

  • Amends Florida Statutes section 776.013 to establish that a person in a dwelling, residence, or vehicle with a right to be there has no duty to retreat and can use or threaten nondeadly or deadly force against imminent unlawful force or to prevent imminent death, great bodily harm, or forcible felony.

  • Creates a presumption of reasonable fear of death or great bodily harm when defensive force is used against someone unlawfully and forcibly entering or attempting to remove another from a dwelling, residence, or occupied vehicle, provided the defender knew or had reason to believe an unlawful forcible entry or act was occurring.

  • Exceptions to the presumption include cases where the person against whom force is used is a lawful resident with rights to be in the property (absent a domestic violence injunction or no-contact order), a child or grandchild in lawful custody of that person, a law enforcement officer performing official duties and properly identified, or when the defender is engaged in criminal activity.

  • Provides that a person attacked in their dwelling, residence, or vehicle has no duty to retreat and can use force including deadly force if it complies with other applicable use of force statutes.

  • Takes effect July 1, 2017.

Legislative Description

Justifiable Use of Force

Last Action

Laid on Table, companion bill(s) passed, see CS/CS/SB 1052 (Ch. 2017-77)

4/27/2017

Committee Referrals

Judiciary3/29/2017
Criminal Justice Subcommittee2/15/2017

Full Bill Text

No bill text available