Mitch Perry
Republicans Polk City state Rep. Neil Combee and Jacksonville state Sen. Aaron Bean have filed the “Self-Defense Protection Act,” a bill that they contend would reform Florida’s “10-20-Life” sentencing law.
The bill creates a narrow exception to otherwise applicable mandatory minimum sentences when a court finds a defendant had a good-faith belief that using a firearm was justified.
The proposed legislation follows the 2014 passage of the “Threatened Use of Force Act,” also sponsored by Representative Combee and Pensacola Republican state Sen. Greg Evers that added a self-defense exception to mandatory sentencing for aggravated assault cases.
Combee said there are more than 1.3 million gun owners in Florida who currently could be forced to make a split-second decision to fend off a perceived attack.
“They shouldn’t have to go to prison for 25 years for trying to protect themselves in good faith.” Combee said, pointing to the case of Michael Giles, an Air Force serviceman with no prior criminal record, sentenced to 25 years in prison for aggravated battery. Giles shot and injured a man after he was attacked from behind and punched to the ground during a brawl. The judge in Giles’ case said the 25-year sentence was “overly harsh,” but noted that he had “no legal authority to impose less than that.”
Combee’s interest in reforming 10-20-Life began after Gov. Rick Scott’s Task Force on Citizen Safety and Protection studied the issue. In its 2012 final report, the task force that included legislators, prosecuting attorneys, police chiefs, and sheriffs recommended that the Legislature “eliminate any unintended consequences” of 10-20-Life. Combee says his bill does just that.
“The Threatened Use of Force Act restored some balance in sentencing for good faith self-defense claims,” Combee said. “But there’s still a problem. This bill fixes it once and for all.”
Bean echoed Combee’s thoughts: “No one wants to be in a situation where we have to defend ourselves with a firearm, but the fact is it happens to someone every day. With this bill, we simply want to ensure that lawful people aren’t unduly punished for defending themselves in dangerous situations.”
The Combee/Bean bill already has support from criminal justice reform groups, including Families Against Mandatory Minimums, and Combee hopes his bill will draw bipartisan support: “There’s a lot we disagree on in Tallahassee, but every member of the Legislature wants to protect public safety. Part of protecting public safety is creating legal protections for Floridians who seek to protect themselves.”
