New case supports my analysis of HB 89

In the recent case of Hill v. State, 39 Fla. L. Weekly D. 1464  (Fla. 4DCA 2014)(en banc), the Fourth District confirmed that F.S. 776.012 and F.S. 776.013 were independent of each other.  This was an "en banc" decision -- meaning that it was important enough for all the judges of the Fourth District to sit on the same case vs. the normal 3 judge panel.  This brought the Fourth District into accord with other DCA's in Florida.  As most of you know who've been reading my book since the passage of Stand Your Ground back in 2005 -- I've been saying this from the "get-go" starting right in 2005, and urged attorneys not to defend self defense cases using F.S. 776.013 except as to dwellings, residences, and occupied conveyances -- because that is the only area where it is normally a wise move to do so.  I've also espoused this at numerous seminars including an annual meeting of the Florida Public Defenders Association.  But . . . that is not what this article is about.   What it's about are the last two paragraphs of the Opinion before the Conclusion.  In those last two paragraphs -- athough "dicta" -- the Fourth District noted that the new wording in HB 89 has changed the law so that there are now no real distinctions between the two statutory sections in that both now require that in order to use deadly force without the need to retreat -- you must be "in a place where you have a right to be",  and cannot be involved in any "criminal conduct".

This confirms what I've been saying about the new law, and also confirms my analysis.  The Fourth District opinion is the "writing on the wall" about how Florida appellate courts will interpret the new language.  This case said the Legislature would not have changed the wording unless they meant to make a substantive change in the interpretation, and how the statutes work.  I warned everyone about this, and the only people who listened were the readers of my blog.     Now -- we're all in for the aftermath -- unless the Legislature amends it when they go back in session in 2015.