Florida Does It Right with SB-436

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Randy43068

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On March 23, The Florida Senate passed SB-436, "Castle Doctrine" by a vote of YEAS 39 -- NAYS 0

On April 5, The Florida House passed SB-436, "Castle Doctrine" by a vote of YEAS 94 NAYS 20

On April 26, Governor Jeb Bush SIGNED SB-436, "Castle Doctrine" into law (Chapter No. 2005-27) It takes effect on October 1, 2005.

For those who want detailed information on why this bill is important, the following information is provided.

A great deal of erroneous information has been written, published and spoken about Florida's new "Castle Doctrine" bill.

Claims that the new law will turn Florida into the Wild West are not only an insult to intelligent people but give a patently false portrait of what the bill actually does.

The Florida "Castle Doctrine" bill does basically three things:

One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.

Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others.

Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.

It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.

In short, it gives rights back to law-abiding people and forces judges and prosecutors who are prone to coddling criminals to instead focus on protecting victims.
 
Good for them, wish we could have that law here in CA.
 
dlndavid:
Good for them, wish we could have that law here in CA.

I'd rally for it here in Ohio.

R.
 
That should be a national law as well. I hate hearing about robbers who fall while robbing your house and then sue you.
 
I would jump in on this one, but I'd be banned from the board for taking up all of the available band width.

In short . . . Yea, Florida !!!!!!!
 
I believe eye for eye, tooth for tooth got people in trouble before. I am not sure what i can see coming from this, empowerment of the people, not being afraid of being sued by the defendant for fighting back, people being more vigilante rather than waiting on the trained pro's, mistaken threat and using force beyond that you are being threatened by and i should hope that the legal responsibilities are not completely waived for those who are in defense in case they overeacted to an actual non-threat - just need common sense i guess. Kind of good, kind of scary if taken too literally.

BTW - do you still have to drag the perp back inside your house??? j/k I also thought initially that i read "Florida Does it Right with SR-436" - that state road is a joke and who could have guessed they were going to overhaul it or put in the new toll road over the top of the existing road that had been promised, oh well we can always hope...
 
retribution, it's self defense. If a moron is climbing in your bedroom (or other) window then you have the right to defend yourself, and your family. It’s pretty simple.
No downside to that...

Why should someone who’s breaking into your home be allowed to sue you because he cut himself on the broken glass, or because he tripped down a flight of stairs in your house? Does that make sense to you?

This bill allows an occupant to defend himself without fear of being sued. It’s good law.

We have crime because we allow it!



simbrooks:
I believe eye for eye, tooth for tooth got people in trouble before. I am not sure what i can see coming from this, empowerment of the people, not being afraid of being sued by the defendant for fighting back, people being more vigilante rather than waiting on the trained pro's, mistaken threat and using force beyond that you are being threatened by and i should hope that the legal responsibilities are not completely waived for those who are in defense in case they overeacted to an actual non-threat - just need common sense i guess. Kind of good, kind of scary if taken too literally.

BTW - do you still have to drag the perp back inside your house??? j/k I also thought initially that i read "Florida Does it Right with SR-436" - that state road is a joke and who could have guessed they were going to overhaul it or put in the new toll road over the top of the existing road that had been promised, oh well we can always hope...
 
thought about SR-436 being a road..
:)



simbrooks:
I believe eye for eye, tooth for tooth got people in trouble before. I am not sure what i can see coming from this, empowerment of the people, not being afraid of being sued by the defendant for fighting back, people being more vigilante rather than waiting on the trained pro's, mistaken threat and using force beyond that you are being threatened by and i should hope that the legal responsibilities are not completely waived for those who are in defense in case they overeacted to an actual non-threat - just need common sense i guess. Kind of good, kind of scary if taken too literally.

BTW - do you still have to drag the perp back inside your house??? j/k I also thought initially that i read "Florida Does it Right with SR-436" - that state road is a joke and who could have guessed they were going to overhaul it or put in the new toll road over the top of the existing road that had been promised, oh well we can always hope...
 
Randy43068:
retribution, it's self defense. If a moron is climbing in your bedroom (or other) window then you have the right to defend yourself, and your family. It’s pretty simple.
No downside to that...

Why should someone who’s breaking into your home be allowed to sue you because he cut himself on the broken glass, or because he tripped down a flight of stairs in your house? Does that make sense to you?

This bill allows an occupant to defend himself without fear of being sued. It’s good law.

We have crime because we allow it!
But the law is more wide-ranging than just on your own property, in your own home is something different to being on the street.
 
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