Florida Enacts “Stand Your Ground Law”
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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