In a separate decision Milton Hirsch, the judge in this case, issued a ruling that found that Florida’s amended Stand-Your-Ground law was unconstitutional due to the amendment being enacted by the state legislature instead of the state supreme court.
“In a separate decision Milton Hirsch, the judge in this case, issued a ruling that found that Florida’s amended Stand-Your-Ground law was unconstitutional due to the amendment being enacted by the state legislature instead of the state supreme court.”
Note: That was in 2017.
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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 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 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.
Seriously? The Legislatures job is to make law, the Courts job is to make sure it does not conflict with the Constitution.
That is mind blowing! Is it in Florida’s constitution that amendments can only be enacted by the Supreme Court? What?