Just ran across this...Makes for an interesting situation...
By Beth Kassab and Sherri M. Owens
Sentinel Staff Writers
April 6, 2005
TALLAHASSEE -- Floridians could "meet force with force" on the street, in a bar or just about anywhere else without fear of prosecution, under a bill that cleared the state Legislature on Tuesday.
Gov. Jeb Bush said he plans to sign the measure into law, even though opponents contend it amounts to legalized dueling that could lead to simple arguments escalating into fatal fights.
The bill (SB 436), a top priority of the National Rifle Association in Tallahassee this year, won final approval in the House on Tuesday by a 94-20 vote. Two weeks ago, it passed the Senate 39-0.
It would erase what is commonly known as a person's "duty to retreat" from an attack and instead allow that person to "stand his ground" without fear of criminal prosecution or a civil lawsuit, a staff analysis of the bill said. It would take effect Oct. 1.
Current law allows Floridians to defend themselves with force inside their homes or vehicles but typically not in public places without first attempting to back away.
Rep. Dennis Baxley, R-Ocala, the bill's House sponsor, said it allows a person to punch someone if he or she is being punched or to shoot at someone if he or she is being shot at.
"You can only do what somebody does to you," Baxley said.
But one Central Florida prosecutor criticized the measure as unnecessary.
"It's a little dismaying that any responsible legislator would consider this," said Assistant State Attorney Bill Gross, who prosecutes homicides in Lake County. "This is going to make us less safe because it's going to discourage all restraint by citizens."
Gross said the law, as it existed before the change, was sufficient because it allowed people to use force to protect themselves when no other options were available.
"As it is right now, we see tragedies in our court system every day involving citizens who don't exercise restraint," he said. "Now they are under less legal requirement to use restraint before resorting to violence. I believe this is a step backward."
But Tom Lambert, 57, owner of Central Florida Firearms in Orlando, supports the change, saying he thinks it will encourage more people to arm themselves for protection.
"It's going to make the boogeyman think twice," he said.
Barbara Olsen, 54, a retiree from Tavares, agreed.
"I think it's time for people to take their rights back and protect themselves," she said. "It seems the criminals get all the rights."
In Tallahassee, Bush also said he sees the law as another deterrent against crime.
"Our crime rate's dropping, and it's because of measures that allow people to protect themselves and their properties, as well as putting habitual violent offenders away for longer periods of time," he said.
Baxley said the law would grant the same protections to Floridians that other states such as California, Georgia and Tennessee have in place. He also said it would make criminals pause before attacking someone.
"You are empowering our citizens of Florida to have a safer society," said Baxley, an NRA member, during House debate. "Some violent rape will not occur because somebody felt empowered by this bill."
But there was concern from some Democrats that the law goes too far.
"It legalizes dueling," said Rep. Dan Gelber, D-Miami Beach. "It legalizes fighting to the point of death without anybody having a duty to retreat."
NRA lobbyist Marion Hammer said the bill does not condone dueling.
"The comments made on the floor were downright silly," she said. "The bill says that when you are attacked you may meet force with force to defend yourself. It does not condone fighting."
Rep. Joyce Cusack, D-DeLand, said she feared that one person's interpretation of a threat might not be the same as another's -- meaning innocent people could be killed because they look or act differently than the person who feels threatened.
"This is a bad precedent," she said.
Sean Mussenden of the Tallahassee bureau contributed to this report. Beth Kassab, who reported from Tallahassee, can be reached at bkassab@orlandosentinel.com or 850-222-5564. Sherri M. Owens, who reported from Tavares, can be reached at sowens@orlandosentinel.com or 352-742-5915.
By Beth Kassab and Sherri M. Owens
Sentinel Staff Writers
April 6, 2005
TALLAHASSEE -- Floridians could "meet force with force" on the street, in a bar or just about anywhere else without fear of prosecution, under a bill that cleared the state Legislature on Tuesday.
Gov. Jeb Bush said he plans to sign the measure into law, even though opponents contend it amounts to legalized dueling that could lead to simple arguments escalating into fatal fights.
The bill (SB 436), a top priority of the National Rifle Association in Tallahassee this year, won final approval in the House on Tuesday by a 94-20 vote. Two weeks ago, it passed the Senate 39-0.
It would erase what is commonly known as a person's "duty to retreat" from an attack and instead allow that person to "stand his ground" without fear of criminal prosecution or a civil lawsuit, a staff analysis of the bill said. It would take effect Oct. 1.
Current law allows Floridians to defend themselves with force inside their homes or vehicles but typically not in public places without first attempting to back away.
Rep. Dennis Baxley, R-Ocala, the bill's House sponsor, said it allows a person to punch someone if he or she is being punched or to shoot at someone if he or she is being shot at.
"You can only do what somebody does to you," Baxley said.
But one Central Florida prosecutor criticized the measure as unnecessary.
"It's a little dismaying that any responsible legislator would consider this," said Assistant State Attorney Bill Gross, who prosecutes homicides in Lake County. "This is going to make us less safe because it's going to discourage all restraint by citizens."
Gross said the law, as it existed before the change, was sufficient because it allowed people to use force to protect themselves when no other options were available.
"As it is right now, we see tragedies in our court system every day involving citizens who don't exercise restraint," he said. "Now they are under less legal requirement to use restraint before resorting to violence. I believe this is a step backward."
But Tom Lambert, 57, owner of Central Florida Firearms in Orlando, supports the change, saying he thinks it will encourage more people to arm themselves for protection.
"It's going to make the boogeyman think twice," he said.
Barbara Olsen, 54, a retiree from Tavares, agreed.
"I think it's time for people to take their rights back and protect themselves," she said. "It seems the criminals get all the rights."
In Tallahassee, Bush also said he sees the law as another deterrent against crime.
"Our crime rate's dropping, and it's because of measures that allow people to protect themselves and their properties, as well as putting habitual violent offenders away for longer periods of time," he said.
Baxley said the law would grant the same protections to Floridians that other states such as California, Georgia and Tennessee have in place. He also said it would make criminals pause before attacking someone.
"You are empowering our citizens of Florida to have a safer society," said Baxley, an NRA member, during House debate. "Some violent rape will not occur because somebody felt empowered by this bill."
But there was concern from some Democrats that the law goes too far.
"It legalizes dueling," said Rep. Dan Gelber, D-Miami Beach. "It legalizes fighting to the point of death without anybody having a duty to retreat."
NRA lobbyist Marion Hammer said the bill does not condone dueling.
"The comments made on the floor were downright silly," she said. "The bill says that when you are attacked you may meet force with force to defend yourself. It does not condone fighting."
Rep. Joyce Cusack, D-DeLand, said she feared that one person's interpretation of a threat might not be the same as another's -- meaning innocent people could be killed because they look or act differently than the person who feels threatened.
"This is a bad precedent," she said.
Sean Mussenden of the Tallahassee bureau contributed to this report. Beth Kassab, who reported from Tallahassee, can be reached at bkassab@orlandosentinel.com or 850-222-5564. Sherri M. Owens, who reported from Tavares, can be reached at sowens@orlandosentinel.com or 352-742-5915.
