Latest News and Comment from Education

Thursday, March 22, 2012

“standing your ground:” Wording of Florida Statute 776.013 « Tangerine, Florida

Wording of Florida Statute 776.013 « Tangerine, Florida:


Wording of Florida Statute 776.013

Just in case you’re wondering what exactly Florida law says about “standing your ground:”
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(2) The presumption set forth in subsection (1) does not apply if:
(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

Trayvon Martin Case Raises Larger Issues

Check out the NPR post on the Trayvon Martin case. It address the “Stand your ground law” that has allowed the shooter to remain free and has short snippets of local residents in a oral interview format.