Title: Use or Threatened Use of Force

Summary: Revising the standard under which a person is justified in using or threatening to use nondeadly or deadly force from a person's reasonable belief to the objective belief of a reasonably cautious and prudent person in the same circumstances; revising the burden of proof from clear and convincing evidence to a preponderance of the evidence which the party seeking to overcome immunity from criminal prosecution under a specified provision must prove, etc.

Full Text:
An act relating to use or threatened use of force; amending ss. 776.012 and 776.013, F.S.; revising the standard under which a person is justified in using or threatening to use nondeadly or deadly force from a person s reasonable belief to the objective belief of a reasonably cautious and prudent person in the same circumstances; amending s. 776.032, F.S.; revising the burden of proof from clear and convincing evidence to a preponderance of the evidence which the party seeking to overcome immunity from criminal prosecution under a specified provision must prove; providing that immunity from prosecution is not available to an aggressor; reenacting s. 790.25(5), F.S., relating to lawful ownership, possession, and use of firearms and other weapons, to incorporate the amendment made to s. 776.012, F.S., in a reference thereto; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 776.012, Florida Statutes, is amended to read: 776.012 Use or threatened use of force in defense of person.  (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that a reasonably cautious and prudent person in the same circumstances would objectively believe the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. (2) A person is justified in using or threatening to use deadly force if a reasonably cautious and prudent person in the same circumstances would objectively believe he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be. Section 2. Subsection (1) of section 776.013, Florida Statutes, is amended to read: 776.013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.  (1) A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use: (a) Nondeadly force against another when and to the extent that a reasonably cautious and prudent person in the same circumstances would objectively believe the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other s imminent use of unlawful force; or (b) Deadly force if a reasonably cautious and prudent person in the same circumstances would objectively believe he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. Section 3. Subsection (4) of section 776.032, Florida Statutes, is amended, subsection (1) of that section is republished, and subsection (5) is added to that section, to read: 776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force.  (1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term  criminal prosecution  includes arresting, detaining in custody, and charging or prosecuting the defendant. (4) In a criminal prosecution, once a prima facie claim of self-defense immunity from criminal prosecution has been raised by the defendant at a pretrial immunity hearing, the burden of proof by a preponderance of the evidence clear and convincing evidence is on the party seeking to overcome the immunity from criminal prosecution provided in subsection (1). (5) Immunity from prosecution is not available to an aggressor, as provided in s. 776.041. Section 4. For the purpose of incorporating the amendment made by this act to section 776.012, Florida Statutes, in a reference thereto, subsection (5) of section 790.25, Florida Statutes, is reenacted to read: 790.25 Lawful ownership, possession, and use of firearms and other weapons.  (5) POSSESSION IN PRIVATE CONVEYANCE. Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012. Section 5. This act shall take effect July 1, 2019.