Suggested change to fix Florida self defense statutes

I wrote a letter to Florida Senator David Simmons,  the original author of Florida's Stand Your Ground law just before the 2017 legislative session with a suggestion how to fix the substantial drafting changes made in 2014 that totally screwed up Florida self defense laws by reinserting the retreat rule, and a few other problems.    Unfortunately, he decided on sponsoring a different bill which actually hurt gun owners due mainly to poor drafting.  However,  my suggestion is still good for 2018 -- and here it is:

PROPOSED AMENDMENT TO F.S. 776.012 & 776.031:


WHY THESE SECTIONS NEED CHANGE:

In 2014 the Legislature amended F.S. 776.012; 776.013; and 776.032 to include “threats” on the supposition that “threats” were not then covered under these sections, and only the actual “use” of deadly or non-deadly force was covered.  However, the amendments were so worded as to cause serious and substantial problems for Florida citizens.

Why?

Because the amended wording now states that any “threat” of deadly force – even a simple verbal one – cannot be made in a non-deadly force situation, even if totally reasonable.

That means in any instance where a person is trying to stop a crime, or prevent injury to themself or others where the crime is less than a “forcible felony” – even as a pure bluff, they can’t even say they have a gun, or do anything else that might be interpreted as a “threat” of deadly force – even if totally reasonable. 

This is not only contrary to all prior case law and the common law of Florida , but is contrary to the laws of almost all other states.  Since colonial times it has been lawful to threaten deadly force, even in a non-deadly force situation, as long as the threat is reasonable!  If a threat is reasonable – how can we allow that to now be unlawful?

THE CURE FOR THE PROBLEM:

The cure is a rather incredibly simple amendment to the wording of the current affected statutes as I set forth here with added words in bold italics, and those struck having a line thru them.  Those simple four words change everything back to allow your actions to be judged on whether your conduct is reasonable, or not:

Florida Statute 776.012:
(1) A person is justified in using [non-deadly force] or  threatening to use [any] force, except deadly force   against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.

(2) A person is justified in using or threatening to use  deadly force if he or she reasonably believes that using or threatening to use  such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use  deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the  deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
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* The words in blue are ones I would also omit, to bring the text back to pre-2014, as was no need to complicate the right of self defense caused by these words that were added in 2014.  However, I doubt the Legislature will agree.
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Florida Statute 776.031: Use or threatened use of force in defense of property:

(1) A person is justified in using [non-deadly force] or threatening to use [any] force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.

(2) A person is justified in using or threatening to use  deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use  deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

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Senator Simmons may be politely and respectfully contacted at his legislative office at:

Senator David Simmons
220 Crown Oak Centre Drive
Longwood, FL 32750