Joseph R. Wheeler,
Executive Editor
Both proponents and opponents of
Florida's Deadly Force Law are literally
up in arms over the legislation that went
into effect in October 2005.
Proponents argue that the law
allows law-abiding citizens to protect
themselves and their property without
criminal or civil penalties. On the other
hand, opponents of the new law are generally
gun control enthusiasts likening
the law to the "Wild West."
The Brady Campaign to Prevent Gun
Violence has even launched a campaign
at Miami International Airport handing
out leaflets warning tourists to avoid
confrontations with local residents.
The law which makes provisions not
to prosecute persons who protect persons
and property is summarized by the
Florida Senate as follows:
"Provides that a person may use
force, including deadly force, against
an intruder or attacker in a dwelling,
residence, or a vehicle under specified
circumstances. Creates a presumption
that a reasonable fear of death or bodily
injury exists under certain circumstances.
Creates a presumption that a
person acts with the intent to use
force or violence under specified circumstances.
Provides that a person is
justified in using deadly force.
Declares that a person is not under
duty to retreat if the person is in a
place where he or she has a right to be.
Provides that a person is immune
from criminal prosecution and civil
action for using deadly force.
Authorizes a law enforcement agency
to investigate the use of deadly force
but prohibits the agency from arresting
the person unless the agency
determines that probable cause exists
showing that the force that was used
was lawful. Directs the court to award
attorney's fees, court costs, loss of
income, and other expenses under
specified circumstances. Revises the
circumstances that justify the use of
force by an aggressor."
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