It looks great. It's better than just an affirmation of Florida's current Castle Doctrine, and it looks like it has a good section on defense of property also.
Mrs. Hammer is to be commended for some solid work here. If we can push similiar legislation in all states by pointing to Florida and Texas as leading the way, just as Florida was a leader in CCW (also Mrs. Hammer's handiwork), then this could be another in the waves of good gun legislation that we can create.
Section 3.
Section 776.031, Florida Statutes, is amended to read:
776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the such other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that the such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
Section 4.
Section 776.032, Florida Statutes, is created to read:
776.032 Immunity from criminal prosecution and civil action for justifiable use of force.--
- A person who uses force as described in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force.
- A law enforcement agency may use standard procedures for investigating the use of the force, but the agency may not arrest the person for using force unless it determines that probable cause exists showing that the force that was used was unlawful.
- (a) The court shall award attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of the criminal prosecution if the court finds that the defendant is immune from prosecution as provided in subsection (1). (b) As used in this subsection, the term "criminal prosecution" includes wrongfully arresting, detaining in custody, and charging or prosecuting the defendant. The law enforcement agency or state attorney that brought the criminal prosecution is liable to the defendant for the payment of fees and costs.