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Bill > H0331


FL H0331

FL H0331
Self-Defense


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

2013 Regular Session

Bill Summary

Authorizes person to use force, except deadly force, in defense of property; provides that person does not have duty to retreat if person is in certain place; requires, rather than authorizes, law enforcement agency to investigate use of force; deletes provision that prohibits law enforcement agency from arresting person for using force; authorizes, rather than requires, court to award attorney fees & other expenses to defendant who used force; deletes provisions that make justifiable use of force available to aggressor who initially provokes use of force; provides additional circumstances in which justifiable use of force is not available; directs FDLE to collect data on incidents concerning alleged justifiable use of force; requires law enforcement agencies to report incidents & cases in which justifiable use of force claimed.

AI Summary

This bill modifies Florida's self-defense laws by allowing individuals to use force, but not deadly force, to protect their property from trespass or interference, and removes the duty to retreat if a person is lawfully present in a location. It also mandates that law enforcement agencies investigate all uses of force, rather than just authorizing them to do so, and removes a previous prohibition on arresting individuals for using force. Furthermore, the bill changes the court's ability to award attorney fees and other expenses to a defendant who successfully claims justifiable use of force from a requirement to an authorization, and it eliminates provisions that allowed someone who initially provoked a confrontation to claim self-defense under certain circumstances, while adding new restrictions on when justifiable force is not available, such as leaving a safe place to confront a situation or pursuing someone after an incident has ended. Finally, the bill establishes a statewide system for the Department of Law Enforcement (FDLE) to collect and report data on all incidents where justifiable use of force is claimed, requiring law enforcement agencies to report these incidents and their resolutions to the FDLE monthly.

Committee Categories

Justice

Sponsors (2)

Last Action

Died in Criminal Justice Subcommittee (on 05/03/2013)

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