From Packing.org:
(Feb 23, 2005) Florida Senate Bill 436 and it matching counterpart House bill 249 each advanced through one more hurdle clearing the Senate Judiciary Committee 7/0 and the House Judiciary Committee 13/0. These are optimistic advances. These bills if passed to law will place the assumption of intent to to do great harm on anyone unlawfully entering any residence and extends the "Castle Doctrine" to include cars in Florida. Another major portion of these bills is their elimination of the duty to retreat replacing it with more defense freindly language ... "A person who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if it is reasonably necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony." It also requires LEO and procecutors to have probable cause to effect arrest in these cases and provides penalties for unjust prosecution. The passage of these bills would be a great step forward for the rights of law abiding citizens engaging in their own defense. Kudos to the Florida Legislature, keep things moving ahead.
This is a fantastic next step for this legislation. Refer to HB 249 sponsored by Rep. Dennis Baxley (R-Ocala) and its companion bill, SB 436 carried on the Senate side by Sen. Durell Peaden (R-Crestview). Here's a summary from the legislature on what the bills do: Use of Force; authorizes person to use force, including deadly force, against intruder or attacker in dwelling, residence, or vehicle under specified circumstances; provides that person is justified in using deadly force under certain circumstances; provides immunity from criminal prosecution or civil action for using deadly force; defines term "criminal prosecution", etc. Creates 776.013,.032; amends 776.012,.031. EFFECTIVE DATE: 10/01/2005. Write your representative and senator to push for these bills. There will be an attempt by the Democrats to amend them and take out the strong protections for homeowners, so be sure to stay active on this effort!
(Feb 23, 2005) Florida Senate Bill 436 and it matching counterpart House bill 249 each advanced through one more hurdle clearing the Senate Judiciary Committee 7/0 and the House Judiciary Committee 13/0. These are optimistic advances. These bills if passed to law will place the assumption of intent to to do great harm on anyone unlawfully entering any residence and extends the "Castle Doctrine" to include cars in Florida. Another major portion of these bills is their elimination of the duty to retreat replacing it with more defense freindly language ... "A person who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if it is reasonably necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony." It also requires LEO and procecutors to have probable cause to effect arrest in these cases and provides penalties for unjust prosecution. The passage of these bills would be a great step forward for the rights of law abiding citizens engaging in their own defense. Kudos to the Florida Legislature, keep things moving ahead.
This is a fantastic next step for this legislation. Refer to HB 249 sponsored by Rep. Dennis Baxley (R-Ocala) and its companion bill, SB 436 carried on the Senate side by Sen. Durell Peaden (R-Crestview). Here's a summary from the legislature on what the bills do: Use of Force; authorizes person to use force, including deadly force, against intruder or attacker in dwelling, residence, or vehicle under specified circumstances; provides that person is justified in using deadly force under certain circumstances; provides immunity from criminal prosecution or civil action for using deadly force; defines term "criminal prosecution", etc. Creates 776.013,.032; amends 776.012,.031. EFFECTIVE DATE: 10/01/2005. Write your representative and senator to push for these bills. There will be an attempt by the Democrats to amend them and take out the strong protections for homeowners, so be sure to stay active on this effort!