Fm: mm, Pew Tu: Subjed: FW: Law to House Judldary 00mm Date: Wednuday, March 26, 2014 10:09:45 AM hum-nu: WET This 1etter was delivered to the Judiciary Comm. members Monday afternoon FYI STATE OF FLORIDA Department ofMIlitary Affairs @f?n HE ghim? $311311] 51. Box 1003 St mm. Florists 32035?1003 March 24,2014 Represema?vcvennis K., Baxiey . Chaisman, House Judiciary Committee 402 Monroe Street Tallahasscc, Florida 32399 Representative Baxlcy: Every member of the Flo?da National Guard takes an oath of allegiance to the Constitutions of lhe United States and th? State of Florida to dofood the cons?tulional rights of our citizens. . The Department of Military Affairs, therefore, supports House Bill 209. . Respect?illy, an Ex Majof General Florida National Guard 1119' @th Reid, Jack - From: MPHammerl @aol.com Sent: Friday, October 5, 2012 12:22 PM To: Konkus, John Subject: Documents for the Task Force Attachments: PASSEDZIP John, Thank you for the invitation to appear and make a presentation to the Task Force. I think it is important that the Task Force see the attached documents prior to the meeting. I seriously doubt that any of the members except legislators on the Task Force -- have actually seen the bill that passed, much less know the history of the legislation. These documents will give them insight into what the actual bill and the wide spread the support for passage. The bill 88-436 contains a preamble -- a series of "whereas clauses" that make clear the need and intent of the bill. There are 2 news releases from the House Majority Office and one from Sen. Peaden that the media virtually ignored, but they express the intent of the biil. Copies of roll call votes on the floor of each body show the overwhelming support for the bill. This bill passed through the assigned committees and off the floor of the Florida Senate without ever having a single vote against it. That is rare. I think it is important for the Task Force to see the "beginning." If you coulld kindly make this information available to them before my presentation, I would appreciate it. COMMITTEE VOTE HISTORY of ?Castle Doctrine/Stand Your Ground? Bill 02/09/2005 02/23/2005 02/23/2005 03/23/2005 03/23/2005 04/05/2005 04/26/2005 PASSED 8 0 Senate Criminal Justice Committee PASSED 7 - 0 Senate Judiciary Committee PASSED 13 0 House Judiciary Committee PASSED 8 2 House Justice Council PASSED 39 0 Senate Floor PASSED 94 - 20 House Floor SIGNED By Governor Jeb Bush SPONSORS FLORIDA HOUSE 2005 - SB-436 CASTLE YOUR GROUND Sponsors: Sen. Durell Peaden, Jr. Rep. Dennis Baxley Passed the Senate 39-0 Passed the House 94-20 Signed by Governor 4/27/05 TOTAL HOUSE SPONSORS 84 REPUBLICAN CO-SPONSORS Sandy Adams (R) Bob Allen (R) Thad Altman (R) Kevin Ambler (R) Tom Anderson (R) Ralph Arza (R) Frank Attkisson (R) Gustavo Barreiro (R) DennisBaxley (R) AaronBean (R) Holly Benson (R) Kim Berfield (R) Gus Bilirakis (R) Ellyn Bogdanoff (R) Marty Bowen (R) Don Brown (R) Fred Brummer (R) Dean Cannon (R) Jennifer Carroll (R) Donna Clarke (R) Marti Coley (R) Larry Cretul (R) Faye Culp (R) Don Davis (R) Mike Davis (R) Carl Domino (R) Greg Evers (R) Frank Farkas (R) Bill Galvano (R) Andy Gardiner (R) Hugh Gibson (R) Rich Glorioso (R) Susan Goldstein (R) Dudley Goodlette (R) Michael Grant (R) Denise Grimsley (R) Gayle Harrell (R) Adam Hasner (R) Alan Hays (R) Ed Homan (R) Dorothy Hukill (R) Randy Johnson (R) Stan Jordan (R) Will Kendrick (R) Jeff Kottkamp (R) Dick Kravitz (R) Paige Kreegel (R) John Legg (R) Carl Littlefield (R) Marcelo Llorente (R) Carlos Lopez?Cantera (R) Mark Mahon (R) Sheri (R) David Mealor (R) David Murzin (R) Mitch Needelman (R) Joe Negron (R) Pat Patterson (R) Joe Pickens (R) Juan?Carlos Planas (R) Ralph Poppell (R) Bill Proctor (R) John Quinones (R) Ron Reagan (R) David Rivera (R) Julio Robaina (R) Marco Rubio (R) David Russell (R) Ray Sansom (R) David Simmons (R) Ken Sorensen (R) Swight Stansel (R) Kelli Stargel (R) Trey Traviesa (R) Baxter Troutman (R) Leslie Waters (R) Trudi Williams (R) Juan Zapata (R) DEMOCRAT CO-SPONSORS Mary Brandenburg (D) Phillip Brutus (D) Ron Greenstein (D) Bob Henriquez (D) Chris Smith (D) Patricia Taylor (D) HOUSE MAJORITY OFFICE Andy Gardiner, Majority Leader 402 South Monroe Street Tallahassee, Florida 32399?1300 FOR IMMEDIATE RELEASE Contact: Brian Mimbs Ph. 850-488?1993 March 31, 2005 HOUSE GIVES INITIAL APPROVAL TO HOME PERSONAL PROTECTION ACT TALLAHASSEE The Florida House of Representative today gave initial approval to legislation empowering Floridians with the explicit right to defend themselves when threatened by assailants. Senate Bill (SB) 436, the companion bill to Representative Dennis Baxley?s House Bill (HB) 249, was approved today on second reading, preparing the way for ?nal passage. ?What longstanding common law has said, even from Roman times, is that you have the right to be safe and secure, free of the worry that comes from intruders," said Representative Dennis Baxley (R?Ocala). "This legislation will ensure that Floridians are protected under a state law that emphasizes common sense.? By establishing a presumption that reasonable fear was the motivation for a citizen?s act of defense in clearly defnred situations, SB 249 will shift the weight of our laws back to the side of the property owner and away ??om criminals whose aims are malicious. "The freedom to enjoy one?s home or car should not be subject to a misapplication of what had long been a common sense principle,? said House Majority Leader Andy Gardiner (R?Orlando). ?Floridians should know that their homes are, indeed, their castles and our laws should back them up." SB 249 provides protection from criminal prosecution and civil litigation for those who defend themselves ?om dangerous criminals, and reestablishes the con?dence that many, especially homeowners, have lost in recent years. Once approved, SB 436 will go to Governor eb Bush for consideration Florida House of Representatives HOUSE MAJORITY OFFICE Andy Gardiner, Majority Leader 402 South Monroe Street Tallahassee. Florida 32399-1300 FOR IMMEDIATE RELEASE Contact: Brian Mimbs April 5, 2005 Ph. 850?488?1993 HOUSE APPROVES CASTLE DOCTRINE LEGISLATION TALLAHASSEE The Florida House of Representative today approved legislation empowering Floridians with the explicit right to defend themselves when threatened by assailants. Senate Bill (SB) 436, the companion bill to Representative Dennis Baxley?s House Bill (HB) 249, was approved today. The vote was 94 to 20. ?We have a duty to secure the rights of law- abiding citizens who seek to protect themselves and their families,? said Representative Dennis Baxley (R?Ocala). ?In the face of case law that drifts dangerously toward the criminals? favor, we are reasserting common sense.? By establishing a presumption that reasonable fear was the motivation for a citizen?s act of defense in clearly de?ned situations, SB 249 will shift the weight of Florida law back to the side of the property owner and away from criminals whose aims are malicious. ?There is a very clear line of authority here and this legislation draws it in favor of those who have a right to defend themselves," said House Majority Leader Andy Gardiner (R?Orlando). "Those with criminal intent should know that our laws will empower law-abiding Floridians to defend themselves when in harm?s way.? SB 249 provides protection from criminal prosecution and civil litigation for those who defend themselves ??om dangerous criminals, and reestablishes the con?dence that many, especially homeowners, have lost in recent years. SB 436 now goes to Govemor eb Bush for consideration. The Florida Senate Senator Durell Peaden District 2 306 Senate Office Building 404 South Monroe Street 'lallahasscc 32399-1100 (850) 487?5000 For Immediate Release Contact: Roger Robinson April 26, 2005 (850) 689-0556 Governor Bush Signs ?Castle Doctrine? Bill Into Law Ability to protect oneself and one ?5 family against intruders makes every home a castle Tallahassee?Today, legislation which authorizes an individual to use force against an attacker or intruder was signed into law by Governor Jeb Bush. Governor Bush signed Senate Bill 436 into law with the bill?s sponsor, Senator Durell Peaden (R- Crestview), by his side. Currently, Florida statutory law states that Floridians may use force, including deadly force, to defend themselves or others within their home if necessary. Florida Common Law however, provides that one may only use deadly force if all reasonable means to escape have been exhausted. The bill addresses that inequity by authorizing a person to use force, including deadly force, against an intruder or attacker in one?s dwelling, residence, or vehicle under specified circumstances. it further provides that an individual is justi?ed in using deadly force under certain circumstances and provides immunity from criminal prosecution or civil action for using deadly force in these circumstances. ?Several cases were brought to my attention involving people around the state whose homes had been violated by intruders,? said Senator Peaden. ?The victims later discovered that, had they used force and killed the intruder, there was nothing in Florida?s laws to protect them from being held liable for the death of the intruder. This legislation remedies a signi?cant ?aw in the current system.? The ?castle doctrine? creates an exception to the common law duty to retreat. The doctrine maintains that an individual has a right to defend his or her home in the face of danger, even to the extent of using deadly force. This bill improves the castle doctrine in Florida by expanding the concept of what is a ?castle? and by expanding the group of persons entitled to its protection. The bill also extends the right to defend one?s self while in a vehicle or place of temporary lodging, including guests in another person?s ?castle.? ?It shouldn?t be a crime to protect yourself or your loved ones upon being attacked,? concluded Senator Peaden. ?This common- sense legislation aims to allow citizens across the state to better protect, if necessary, their homes, vehicles, themselves, and most importantly, their families.? ROLL CALL FLOOR VOTES 2005 - CASTLE STAND YOUR GROUND By Sen. Durell Peaden 8: Rep. Dennis Baxley Passed the Senate 39?0 Passed the House 94-20 Signed by Governor 4/27/05 means Yes; means No; 0 means did not vote 5/ means sponsor/co-sponsor oF the legislatiOn HOUSE FLOOR VOTES Davis, Don (R) 5/ Davis, Mike (R) s/Y Johnson, Randy (R) s/Y Adams, Sandy (R) s/Y Dean, Charles (R) Jordan, Stan (R) Allen, Bob (R) s/Y Detert, Nancy (R) Joyner, Arthenia (D) Altman, Thad (R) s/Y Domino, Carl (R) s/Y Justice, Charlie (D) Ambler, Kevin (R) s/Y Evers, Greg (R) s/Y Kendrick, Will (D) s/Y Anderson, Tom (R) s/Y Farkas, Frank (R) s/Y Kottkamp, (R) s/Y Antone, Bruce (D) 0 Fields, Terry (D) Kravitz, Dick (R) s/Y Arza, Ralph (R) s/Y Flores, Anitere (R) Kreegel, Paige (R) s/Y Attkisson, Frank (R) s/Y Galvano, Bill (R) s/Y Kyle, Bruce (R) 0 Ausley, Loranne (D) Gannon, Anne (D) Legg, John (R) s/Y Barreiro, Gustavo (R) Garcia, Rene (R) LittleField, Ken (R) s/Y Baxley, Dennis (R) s/Y Gardiner, Andy (R) s/Y Llorente, Marcelo (R) s/Y Bean, Aaron (R) s/Y Gelber, Dan (D) Lopez~Cantera, Carlos Bendross aMindingall Gibson, Audrey (D) Machek, Richard (D) Bense, Allan (R) Gibson, Hugh (R) s/Y Mahon, Mark (R) s/Y Benson, Holly (R) s/Y Glorioso, Rich s/Y Mayfield, Stanley (R) BerField, Kim (R) s/Y Goldstein, Susan s/Y Sheri (R) s/Y Bilirakis, Gus (R) s/Y Goodlette, Dudley (R) s/Y Meadows, Matt (D) 0 BogdanoFF, Ellyn (R) s/Y Gottlieb, Ken (D) Mealor, David (R) s/Y Bowen, Marty (R) s/Y Grant, Michael (R) s/Y Murzin, Dave (R) s/Y Brandenburg, Mary Greenstein, Ronald Needelman, Mitch (R) Brown, Donald (R) s/Y Grimsley, Denise (R) s/Y Negron, Joe (R) s/Y Brummer, Fred (R) s/Y Harrell, Gayle (R) s/Y Patterson, Pat (R) s/Y Brutus, Phillip (D) 5/0 Hasner, Adam (R) 5/0 Peterman,Frank (D) Bucher, Susan (D) Hays, Alan (R) s/Y Pickens, Joe (R) s/Y Bullard, Edward (D) Henriquez, Bob (D) s/Y Planas, J.C. (R) s/Y Cannon, Dean (R) s/Y Holloway, Wilbert (D) Poppell, Ralph (R) s/Y Carroll, Jennifer (R) s/Y Homan, Ed (R) s/Y Porth, Ari (D) Clarke, Donna (R) s/Y Hukill, Dorothy (R) s/Y Proctor, Bill (R) s/Y Coley, Marti (R) 5/0 Jennings, Jr., Ed (D) Quinones, John (R) s/Y Cretul, Larry (R) s/Y Reagan, Ron (R) s/Y Culp, Faye (R) s/Y Rice, Everett (R) Cusack, Joyce (D) Richardson, Curtis (D) Rivera, David (R) 5/ Robaina, Julio (R) s/Y Roberson, Yolly (D) Ross, Dennis (R) Rubio, Marco (R) s/Y Russell, David (R) s/Y Ryan, Tim (D) Sands, Franklin (D) Sansom, Ray (R) s/Y Seiler, John (D) Simmons, David (R) s/Y Slosbery, lrviny (D) Smith, Christopher (D) Sobel, Eleanor (D) Sorensen, Ken (R) s/Y Stansel, Dwight (D) s/Y Staryel, John (R) s/Y Taylor, Pricilla (D) Traviesa, Trey (R) 5/ Troutman, Baxter Vana, Shelley (D) Waters, Leslie (R) s/Y Williams, Trudi (R) 5/ Zapata, Juan (R) s/Y SENATE FLOOR VOTES Alexander, J.D. (R) s/Y Argenziano, Nancy Aronberg, Dave (R) s/Y Atwater, (R) Baker, Carey (R) s/Y Bennett, Mike (R) s/Y Ballard, Larcenia (D) s/Y Campbell, ?Skip? (D) s/Y Carlton, Lisa (R) Clary, Charlie (R) s/Y Constantine, Lee (R) s/Y Crist, Victor (R) 5/ Dawson, Mandy (D) 0 Diaz D.L.Portilla, Alex Dockery, Paula (R) s/Y Fasano, Mike (R) s/Y Garcia, Rudy (R) 5/0 Geller, Steven (D) Haridopolos, Mike (R) 5/ Hill, Sr., Tony (D) Jones, Dennis (R) 5/ King, Jr., James (R) s/Y Klein, Ron (D) s/Y Lawson, Jr., AlFred (D). s/Y Lee, Tom (R) Lynn, Evelyn (R) s/Y Maryolis, Gwen (D) Miller, Jr., Lesley (D) Peaden, Darrell (R) s/Y Posey, Bill (R) s/Y Pruitt, Ken (R) s/Y Rich, Nan (D) Saunders, Burt (R) s/Y Sebesta, Jim (R) s/Y Siplin, Gary (D) Smith, Rod (D) s/Y Villalobos, J. Alex (R) s/Y Webster, Daniel (R) s/Y Wilson, Frederica (D) Wise, Steve (R) s/Y ENROLLED 2005 Legislature CS for CS for SB 436, Engrossed (ntc) 2 An act relating to the protection of persons 3 and property; creating s. 776.013, 4 authorizing a person to use force, including 5 deadly force, against an intruder or attacker 6 in a dwelling, residence, or vehicle under 7 specified circumstances; creating a presumption 8 that a reasonable fear of death or great bodily 9 harm exists under certain circumstances; 10 creating a presumption that a person acts with 11 the intent to use force or violence under 12 specified circumstances; providing definitions; 13 amending ss. 776.012 and 776.031, 14 providing that a person is justified in using 15 deadly force under certain circumstances; 16 declaring that a person has no duty to retreat 17 and has the right to stand his or her ground 18 and meet force with force if the person is in a 19 place where he or she has a right to be and the 20 force is necessary to prevent death, great 21 bodily harm, or the commission of a forcible 22 felony; creating s. 776.032, providing 23 immunity from criminal prosecution or civil 24 action for using deadly force; defining the 2S term "criminal prosecution"; authorizing a law 26 enforcement agency to investigate the use of 27 deadly force but prohibiting the agency from 28 arresting the person unless the agency 29 determines that there is probable cause that 30 the force the person used was unlawful; 31 providing for the award of attorney's fees, 1 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 2005 Legislature CS for CS for SB 436, Engrossed (ntc) court costs, compensation for loss of income, and other expenses to a defendant in a civil suit who was immune from prosecution under this section; providing an effective date. WHEREAS, the Legislature finds that it is proper for law?abiding people to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others, and WHEREAS, the castle doctrine is a common-law doctrine of ancient origins which declares that a person's home is his or her castle, and WHEREAS, Section 8 of Article I of the State Constitution guarantees the right of the people to bear arms in defense of themselves, and WHEREAS, the persons residing in or visiting this state have a right to expect to remain unmolested within their homes or vehicles, and WHEREAS, no person or victim of crime should be required to surrender his or her personal safety to a criminal, nor should a person or victim be required to needlessly retreat in the face of intrusion or attack, NOW, THEREFORE. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 776.013, Florida Statutes, is created to read: 776.013 Home protection; use of deadlv force; presumption of fear of death or great bodily harm.?- 2 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 2005 Legislature CS for CS for SB 436, Engrossed (ntc) 1 A erson is resumed 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 erson a ainst whom the defensive force was used was in the process of unlawfully and forcefully enteringl or had unlawfully and forcibly entered, a dwelling: residenceI 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 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 pr had occurred. 2 The resum ti et in subsection 1 does not apply if: The person against whom the defensive force is used has the riqht to be in or is a lawful resident of the dwelling, residence. or vehicle, such as an owner, lessee, or titleholderI and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or The person or persons scuqht to be removed is a child or grandchild, or is otherwise in the lawful custodv or under the lawful guardianship ofI the person against whom the defensive force is used; or The person who uses defensive force is engaged in an unlawful activitv or is using the dwelling, residence, or occupied vehicle to further an unlawful activitv; or The person against whom the defensive force is used is a law enforcement officer. as defined in s. 3 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 2005 Legislature CS for CS for SB 436, 1st Engrossed (ntc) who enters or attempts to enter a dwellinq. residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person usinq force knew or reasonably should have known that the person entering or attemptinq to enter was a law enforcement officer. 43) A person who is not enqaqed in an unlawful activity and who is attacked in any other place where he or she has a riqht to be has no duty to retreat and has the riqht to stand his or her qround and meet force with force. includinq deadly force if he or she reasonably believes it is necessary to do so to prevent death or Great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. 14) A person who unlawfully and by force enters or attempts to enter a person's dwellinq, residence. or occupied vehicle is presumed to be doinq so with the intent to commit an unlawful act involvinq force or violence. (5) As used in this section, the term: "Dwellinq" means a building or conveyance of any kind, includinq any attached porch. whether the buildinq or conveyance is temporary or permanent, mobile or immobile, which has a roof over it. includinq a tent. and is desiqned to be occupied by people lodqinq therein at niqht. 1b) "Residence" means a dwellinq in which a person resides either temporarily or permanently or is visitinq as an invited guest. "Vehicle" means a conveyance of any kind, whether or not motorized. which is desiqned to transport people or property . 4 CODING: Words seriekes are deletions; words underlined are additions. ENROLLED 2005 Legislature CS for CS for SB 436, 1st Engrossed (ntc) Section 2. Section 776.012, Florida Statutes. is amended to read: 776.012 Use of force in defense of person.??A person is justified in using the??se?ef 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 sash other's imminent use of unlawful force. However, a the person is justified in the use of deadly force and does not have a duty to retreat only ifi La; He or she reasonably believes that 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;_g;7 1b) Under those circumstances permitted pursuant to s. 776.013. Section 3. Section 776.031, Florida Statutes, is amended to read: 776.031 Use of force in defense of person is justified in the use of 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 each 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. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person 5 CODING: Words sErieken are deletions; words underlined are additions. ENROLLED 2005 Legislature CS for CS for SB 436, 1st Engrossed (ntc) does not have a duty to retreat if the person is in a place where he or she has a right to be. Section 4. Section 776.032, Florida Statutes, is created to read: 776.032 Immunitv from criminal prosecution and civil action for justifiable use of force.?? 11) A person who uses force as permitted in s. 776.012, 5. 776.013, or s. 776.031 is iustified in using such force and is immune from criminal prosecution and civil action for the use of such forcel unless the person against whom force was used is a law enforcement officer, as defined in s. who was acting in the performance of his or her official duties and the officer identified himself or herself in agcordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant. 2 A law enforcement a enc ma use standard procedures for investigating the use of force as described in subsection {12, but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful. (3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of anV civil action brought bv a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection 51). Section 5. This act shall take effect October 1, 2005. 6 CODING: Words serieken are deletions; words underlined are additions- SPONSORS - FLORIDA SENATE 2005 CASTLE STAND YOUR GROUND Sponsors: Sen. Durel! Peaden, Jr. Rep. Dennis Baxiey Passed the Senate 39?0 4/27/05 Passed the House 44-20 Signed by Governor TOTAL SENATE SPONSORS PONSORS REPUBLICANS J.D. Alexander (R) Nancy Aryenziano (R) Carey Baker (R) Mike Bennett (R) Charlie Clary (R) Lee Constantine (R) Victor Crist (R) Aiex Diaz de {a PortiHa (R) Pauia Dockery (R) Mike Fasano (R) Rudy Garcia (R) Mike Haridopoios (R) Dennis Jones (R) Jim King, Jr. (R) Eveiyn (R) Durell Peaden, Jr. (R) Bi? Posey (R) Ken Pruitt (R) Burt Saunders (R) Jim Sebesta (R) Aiex (R) Dan Webster (R) Steve Wise (R) CO-SPONSORS DEMOCRATS Dave Aromberg (D) Larcem'a Ballard (D) Skip Campbell (D) Rom Kfeim (D) AIFred Lawson Jr. (D) Rod Smith (D)