Guest AuthorThe Florida Legislature is holding hearings with the goal of possibly fixing serious flaws in our state’s Stand Your Ground law. I am encouraged that these important discussions are taking place in Tallahassee, as this is a promising first step.
As leader of one of the nation’s largest fully accredited sheriff’s offices, I support the proposed amendments to more narrowly restrict the use of the Stand Your Ground self-defense law throughout our state.
The bipartisan proposal by state Sens. Chris Smith and David Simmons passed the Senate Judiciary Committee on Tuesday by a 7-2 vote, and now heads to other committees for consideration before coming to the Senate floor for a full vote. If adopted, this amendment could set a good example for the 22 other Stand Your Ground states, as Florida adopted the original Stand Your Ground statute. In fact, the original 2005 law was written by none other than Sen. Simmons.
I applaud Sen. Simmons for recognizing that the law is not perfect, and reaching above partisan politics to address a tremendously important public safety issue. I also applaud the Dream Defenders, a group of young people who came together and effectively made use of their First Amendment rights by peaceably protesting Stand Your Ground with a 31-day sit-in at the state Capitol. Clearly, their voices were heard.
The Stand Your Ground law effectively tied the hands of the law enforcement investigation in George Zimmerman’s fatal shooting of 17-year-old Trayvon Martin – and it will continue to do so until this law is fixed.
The proposed Simmons-Smith amendment makes clear that the statute should prohibit people from later claiming self-defense if they started or unnecessarily escalated a conflict when safe withdrawal outside the home is an option. In the case of George Zimmerman, the threat was not immediate: He should have been obligated to get in his vehicle, leave the area, and avoid that deadly confrontation.
The proposal also moves for stricter rules for “Neighborhood Watch” programs like the one to which Zimmerman belonged. This will ensure the role of these programs is not to engage, but to observe and report suspected crimes. This will present a good opportunity for law enforcement agencies throughout the state to have more eyes and ears on the ground, while keeping these well-meaning neighbors out of harm’s way and truly assisting the police.
The law is not a stagnant thing. Change is part of the lawmaking process, particularly when the change leads to less violent incidents, more accountability when incidents turn violent, and a greater level of safety for all.
For these reasons, I support these important first steps in amending this valuable law.
