Senate passes fix to 'stand your ground' law - Florida Politics

Senate passes fix to ‘stand your ground’ law

The Florida Senate has passed a change to the state’s “stand your ground” law that would make it easier for criminal defendants to claim self-defense.

It was approved on a 23-15 vote during Wednesday’s floor session. Specifically, the bill would require prosecutors to prove “that a defendant is not immune from prosecution.”

The bill (SB 128), sponsored by Fleming Island Republican Rob Bradley, is in reaction to a state Supreme Court decision that put the onus on the defendant to show self-defense under the law, passed in 2005.

The stand your ground law allows people who are attacked to counter deadly force with deadly force in self-defense without any requirement that they flee.

Democrats, including Jacksonville’s Audrey Gibson, said in often emotional debate that the bill would encourage wrongful claims of self-defense.

“This tips the scales against fairness and justice … this is a how-to-get-away-with-murder bill,” she said.

Bradley later responded: “If I thought for one second this would encourage criminal behavior because it created some sort of loophole, I would have had no part of it.”

Sen. Dennis Baxley, the Ocala Republican who sponsored the original law in the House of Representatives in 2005, said the change would help prevent violent acts.

He also said the legislation wasn’t “about guns”: In protecting oneself or others, “I don’t care if you use a chair leg.”

Bradley’s bill now goes to the House for consideration.

 

Jim Rosica covers state government from Tallahassee for Florida Politics. He previously was the Tampa Tribune’s statehouse reporter. Before that, he covered three legislative sessions in Florida for The Associated Press. Jim graduated from law school in 2009 after spending nearly a decade covering courts for the Tallahassee Democrat, including reporting on the 2000 presidential recount. He can be reached at jim@floridapolitics.com.

2 Comments

  1. It’s seems to me that some politicians are siding with criminals. What about us law abiding hard working citizens.i guess. We don’t matter our family and love ones don’t matter

  2. The Republican Party used to be the anti-crime and pro law-and-order party. Now it is on the side of the criminals and gun fanatics who would use the law to immunize criminals from murder. Dueling was outlawed in the 19th century. This bill legitimizes what in effect is dueling. Shame on you the Republican Party. Shame on you giving in to the gun traffickers and fanatics.

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