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Bill To Repeal Florida’s ‘Stand Your Ground’ Law Is Defeated
November 8, 2013
After hours of passionate debate before hundreds of people, a Florida House panel Thursday rejected a bill that would have repealed the state’s 2005 “stand your ground” self-defense law.
The outcome was never in doubt.
By an 11-2 vote, the House Criminal Justice Subcommittee defeated the bill (HB 4003) by Rep. Alan Williams, D-Tallahassee, saying the current law gives Floridians more protection from crime.
“We stand and defend what is ours,” said Rep. Jimmie Smith, R-Inverness. ” ‘Stand your ground’ is core to our American way of life.”
The Florida law, a model for similar laws in other states, allows people to use deadly force when they feel their lives are in danger. It provides immunity from prosecution or civil lawsuits. An expansion of the traditional Castle Doctrine, “stand your ground” gives people the right to defend themselves with deadly force in their own homes or any place they have a right to be.
The law passed with overwhelming bipartisan support, but has been under fire since 17-year-old Trayvon Martin’s shooting death last year. The Sanford police did not arrest neighborhood-watch volunteer George Zimmerman, the acknowledged shooter, for six weeks — until protests spread across the country.
Thursday’s hearing was the result of Zimmerman’s acquittal in July. Zimmerman claimed he shot Martin in self-defense, but did not use “stand your ground” to avoid being prosecuted. The law, however, spawned changes to jury instructions that at least one Zimmerman juror said resulted in the not-guilty verdict.
The acquittal sparked a march to the Capitol by protesters who staged a 31-day sit-in outside Gov. Rick Scott’s office. Known as the Dream Defenders, they argued that “stand your ground” targets black and Hispanic youths, especially males. They asked for a special legislative session, which they didn’t get. But they got a hearing.
House Criminal Justice Chairman Matt Gaetz, however, made it clear that while he valued the debate, he would oppose any changes to the law.
“I have to believe that ’stand your ground’ has put criminals on notice that Floridians are done being hapless victims,” the Fort Walton Beach Republican said.
Dozens of people spoke, almost evenly divided between pro and con.
Ed Robbeloff of Fort Walton Beach said Williams’ bill “looks to put the burden on the victim and not the perpetrator of the crime.”
Sean Holloway, 14, of Tallahassee said he felt unsafe under the current law. “It gives anyone the right to kill young black men who look like me.”
Among those opposing Williams’ bill were representatives of the Florida Sheriffs Association, the Florida Police Chiefs Association and the Florida Public Defender Association. So were citizens who described how much safer they felt under “stand your ground.”
Among the backers of the repeal bill were Lucia McBath and Ron Davis, parents of 17-year-old Jordan Davis. The unarmed teen was shot and killed at a Jacksonville gas station last year. Angered by an argument over loud music, 45-year-old Michael Dunn took his gun out and opened fire.
“My son was gunned down by a man with violence in his heart…angered and empowered by his gun and by Florida’s ’stand your ground’ law,” McBath said.
The hearing included a running dispute over whether or not African Americans are targeted by the law.
Dale Landry, an official with the Florida NAACP, said blacks are subject to irrational fears “even if you’re posing no threat at all.”
“We live with fear,” said Phillip Agnew, leader of the Dream Defenders. “We do not feel safe.”
But John Henry of Monticello spoke for many when he said the current law works as it should. The proof, he said, was that the man who’d allegedly shot Jordan Davis was in police custody.
“Where’s Michael Dunn now?” Henry demanded. “He’s in jail in Duval County, awaiting trial on murder charges — where he should be. The law isn’t broken.”
The debate was spirited, with speakers alternating between backers and opponents of Williams’ measure. The imbalance was among the lawmakers. When Williams introduced his bill, no Democrats joined him — whereas the bill’s bipartisan opponents took turns bashing it.
Just the day before, House Minority Leader Perry Thurston, D-Fort Lauderdale, called a press conference to praise a much different “stand your ground” bill (SB 130) moving in the Senate. That measure, by Sens. David Simmons, R-Altamonte Springs, and Chris Smith, D-Fort Lauderdale, would require law enforcement officers to fully investigate claims of self-defense and create guidelines for neighborhood watch groups.
Williams had difficulty under a barrage of questions from Republican and Democratic lawmakers alike. To those who expressed concern that repealing the law would put Floridians more at risk in their homes, he said common law would protect them. He asked the panel to pass the bill so that it could be improved at its next committee stop.
“Let’s repair the divide, seen or unseen, that this law appears to have given communities across the state,” Williams said.
Only the black males on the panel — Reps. Randolph Bracy, D-Orlando, and Kionne McGhee, D-Miami —- voted in favor.
After the vote, Gaetz and Williams embraced, and Gaetz dismissed the Senate bill by Simmons and Smith as “an exercise in style over substance.”
“There is no meaningful reform currently moving through the Florida Senate,” he said. “I think you’ve got a couple of senators who just want to see something pass, even though it doesn’t fundamentally alter the rights of Floridians in a favorable way.”
But despite the bill’s decisive defeat, lobbyist Karen Woodall said the debate itself would have an impact.
“The breadth of testimony will lead to change in time,” she predicted.
by Margie Menzel, The News Service of Florida
Comments
18 Responses to “Bill To Repeal Florida’s ‘Stand Your Ground’ Law Is Defeated”
REGARDING:
” if God forbid, it happens to your child who was innocent, and winds up dead, it’ll be a different story. Don’t say you have taught your child not to put themselves in that position, because children make stupid decisions everyday.”
If my child chased a man down and attacked him because he thought he was gay, broke his nose, sat on him and was pounding his head into the concrete as he screamed for help, I might be honest enough to admit my child was not innocent.
David for truth
Just because the jury found Zimmerman not guilty does not mean he was not guilty. Juries make mistakes lot, and lots of times! Most of you are on here saying it’s a great law. Yeah you feel that way NOW…but if God forbid, it happens to your child who was innocent, and winds up dead, it’ll be a different story. Don’t”t say you have taught your child not to put themselves in that position, because children make stupid decisions everyday.
Something needs to be done, but this is not the answer! This is a BAD law!!!
@Magginkat, like the young lady who knocks on doors under the pretense of requesting assistance as her male accomplices wait in ambush nearby, for the resident to open the door.
Its a bad world magginat, hard working kids murdered at the pizza shop, people set on fire, robbed at gunpoint and shot on the street. They were not out to bully anyone.
I am sorry that there are brutal savages in this world, I did not parent them, I just have to try and live and pay my taxes amongst them. Nothing personal, but the last thing you need to worry about is me.
Magginkat, You are exactly the kind of person I spent my entire adult life defending and protecting. I have fought on foreign soil and here at home for many like you that feel we should run from trouble. The problem with running is once you start, you never stop. I will not run, and No one else should either. If you choose to, so be it, but do not try to make me or my family become victims.
By the way George Zimmerman is not a murderer. Murder is a crime. Murderer is the term for a person who is found guilty of that crime. Zimmerman was not guilty, so he is not a murderer. He is a citizen who chose not to be a victim and the law allowed him to make that choice. If you are in that situation feel free to chose the victim option but do not try to take the option away from me.
By your logic any soldier that has taken a life in combat is a murderer.
Maginkat,
Trayvon Martin was not murdered. The jury has ruled and can not be over ruled even if you do not respect our nation’s laws.
David for truth
I am really sorry you feel that way magginkat. I was never a “schoolyard bully”, I just came to the aid of the person being bullied. So, GOD forbid, should you ever become the victim of a break-in or worse a possible target of rape and you feel you must continue to retreat, by all means come to my house. That is as far as you will need to run as your pursuer will have encountered a firm believer of the second amendment and the Florida Stand Your Ground. You will always be welcome to hide behind me for protection. I will not run or retreat.
Also, those two cases you mentioned, neither were stand your ground cases.
One only has to look at the responses posted here to see what’s wrong with this despicable law. Just about everyone of them sounds as though they were posted by “schoolyard bullies” with their false face of bravado.
There was never any need for this law in order to defend ones self. There have been self defense laws on the books for years. As I understand it the writer’s of this law said it was never intended to defend a murderer like the one who murdered Trayvon Martin or more recently the young woman who knocked on a door to get help when her car broke down.
Our legislators who refused to rescind this ridiculous law are just as guilty as the ones who pulled the triggers because they are aiding and abetting the cold blooded murder of innocent people who are doing nothing more than walking home or asking for help.
a victory for citizens of florida. this share the wealth and deal with the crime attitude is not for me. this is why I choose to live in Florida. we have a right to defend ourselves and no requirement to run, even if we are where we should be doing what we are allowed to be doing.
I agree that the criminals want this law repealed as it would make their job easier.
Honest citizens do not seek out violence and no one hopes to use deadly force, but it is nice to know my state allows me the right to use deadly force to protect myself and my family.
I hope we are able to preserve these rights and vote for people who represent our views.
This is a major win against the evils that are set out to destroy the Republic. “And to the republic for which it stands…”
Do not get sucked in to main stream media slant and bias against gun ownership. The Bill of Rights is not a political bargaining chip, to be restricted or up for debate. It was written in layman’s terms for a reason so even the minimally educated can understand it for they are our fellow Americans as well.
I would highly recommend reading up on the NRA website, firearm safety, and the right to defend yourself. Self defense is not a political debate. It is a god given, evolution given ( whatever you believe) right.
Americans own guns for various reasons, self defense, hunting, hobby shooting, competitive shooting, collecting, ect. Don’t let the media pit anyone who owns a gun against any other american. We are all in this together against anything that may threaten our country, terrorists, foreign invasion, criminals, tyrannical federal government.
We all need to stand strong against the evils that exist.
I’m proud to be an American and the owner of many guns for many reasons!! Its in my blood and what millions have fought and died for. Never give up!
If you’re behaving and are where you ought to be, you don’t have to worry about being shot by a law-abiding citizen.
The “criminal element” wants this law repealed, because it will make their job safer.
GOOD.
It’s a fairly easy law to understand. Don’t put any person in fear for their life by any means and you, regardless of your race, have nothing to fear from this law. It does repulse this writer that there are people who want to remove my right to self defense. This is essentially been their goal in seeking repeal of this law.
I strongly support the Stand your Ground law!! It’s ashame that people want to turn this issue into a racial profiling blame game. Caucasian, African American, Hispanic, red, purple, green, or blue; it doesn’t matter what your race is; if I felt myself or my loved ones in immediate imminent danger, watch out because I would be willing to die to protect myself & my family!! The biggest questions are, do you know what you children are doing & are you allowing them to hang out with people that are an unhealthy influence!
GOOD …
excellent.
Enough with the race card. This law is for everyone, there is no color to it.
It should be noted that this is a victory for FREEDOM for the REPUBLIC.
I do not care if you are black, white or from Zeta Reticuli, if you threaten me with violence, I will deliver.
For it to be personal, we would have to be friends.
Don’t be a cowboy, but don’t walk in fear.
429SCJ