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Florida - HB-249/SB-436 "Castle Doctrine" Bills Pass

Thursday, February 24, 2005

The Florida House Judiciary Committee held a hearing on HB-249 by Rep. Baxley and others today, Wednesday, February 23,  2005 at 9:30AM

HB-249 PASSED UNANIMOUSLY (13-0)

The Florida Senate Judiciary Committee held a hearing on SB-436 by Senator Peaden and others today, Wednesday, February 23,  2005 at 2:00PM

SB-436 PASSED UNANIMOUSLY (7-0)

THANK YOU for sending your emails to the members of these two committees.  IT MADE A DIFFERENCE.  We will need your continued help as the House bill moves to the next Committee  and when the Senate bill moves to the floor of the Senate.  We will notify you as soon as additional hearings are scheduled.

Below is a list of the email addresses of Committee members so you can thank them for their support.

THANK THE FLORIDA HOUSE JUDICIARY COMMITTEE FOR SUPPORTING
HB-249 by Rep. Baxley
(To email these members all at once copy and paste the list below in your email client`s "To" field:

DAVID.SIMMONS@myfloridahouse.gov, KEVIN.AMBLER@myfloridahouse.gov, DENNIS.BAXLEY@myfloridahouse.gov, FRED.BRUMMER@myfloridahouse.gov, DAN.GELBER@myfloridahouse.gov, MICHAEL.GRANT@myfloridahouse.gov, JEFF.KOTTKAMP@myfloridahouse.gov, SHERI.MCINVALE@myfloridahouse.gov, JOE.PICKENS@myfloridahouse.gov, JC.PLANAS@myfloridahouse.gov, CURTIS.RICHARDSON@myfloridahouse.gov, DENNIS.ROSS@myfloridahouse.gov, JACK.SEILER@myfloridahouse.gov,

THANK THE FLORIDA SENATE JUDICIARY COMMITTEE FOR SUPPORTING
SB-436 by Sen. Peaden
(To email these members all at once copy and paste the list below in your email`s  "To" field:

drawdy.ann.s09@flsenate.gov, villalobos.alex.web@flsenate.gov, aronberg.dave.web@flsenate.gov, baker.carey.web@flsenate.gov, geller.steven.web@flsenate.gov, campbell.walter.web@flsenate.gov, clary.charlie.web@flsenate.gov, posey.bill.web@flsenate.gov


BACKGROUND:

SB-436 corrects a serious problem for citizens who chose to protect themselves in the face of attack by violent criminals.

This bill REMOVES the "duty to retreat" in the face of attack; it creates the presumption that an attacker or intruder intends to do great bodily harm and therefore force, including deadly force, may be used to protect yourself, your family and others in the face of attack; it prohibits prosecution for defending that which you have a right to defend and prohibits civil lawsuits by criminals or relatives of criminals when criminals are injured or killed while attacking law-abiding people.

The Courts in Florida have clearly eroded the rights of law-abiding citizens by imposing a "duty to retreat" (leave your property and RUN) when attacked.

Law-abiding citizens should not be victimized by the state/courts for failing to retreat (RUN) from their own property or any place they have a right to be in the face of attack by an unlawful intruder.  Nor should they be victimized for using deadly force against a perpetrator who unlawfully intrudes -- regardless of whether the victim knows what kind of force the perpetrator intends to use.

Any victim should be able to presume that an unlawful intruder is there for the purpose of doing great bodily, and subsequently places the victim and the victim`s family in great imminent peril.

The Castle Doctrine is an ancient common law doctrine with origins going back at least to Roman law that provides that a man`s home is his castle and, hence he may use all manner of force including deadly force to protect it and its inhabitants from attack.

The Florida Constitution Article I, Section 2 guarantees basic rights to all natural persons including the right to defend life and protect property.

The citizens of Florida have a right to expect absolute safety within their own homes or vehicles and to be able to use all manner of force against and unlawful intruder/attacker.


 

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