‘Stand your ground’ change at crucial point
TALLAHASSEE — High noon is approaching in a standoff over a bill dealing with “stand your ground” self-defense cases.
The House and Senate have both backed passing a bill thatwould shift a key burden of proof in “stand your ground” cases, but they have taken different stances on an important legal detail.
The Senate is deciding which chamber’s proposal to put up for a vote next week, the final scheduledweek of the 2017 legislative session.
Sen. Rob Bradley, R-Fleming Island, who is sponsoring the Senate bill (SB 128) said Thursday the issuewon’t “die in messages” — the process of bills bouncing back and forth between the House and Senate.
“There is going to be some bill in some form,” Bradley said.“We’re either going to take the House bill, or we’re going to replace the House bill with the Senate position and send it back.”
The issue stems from a Florida Supreme Court ruling in 2015 that said defendants during pre-trial hearings have the burden of proof to show they should be shielded from prosecution under the “stand your ground” law. The House and Senate would shift that burden to prosecutors, a change backed by groups such as theNational Rifle Association.
In changing the burden of proof, the House wants to require prosecutors in “stand your ground” cases to overcome the immunity sought by defendants through “clear and convincing evidence.”
But the Senatewants a higher standard known as “beyond a reasonable doubt.”
The “stand your ground” law has long been controversial. It says people can use deadly force and do not have a duty to retreat if they think it is necessary to prevent death or great bodily harm.
Critics contend that either the House or Senate approach to the issue would make it easier for people involved in fatal shootings to use “stand your ground” when there are no victims to counter the self-defense claims.
While the “stand your ground” issue remains to be resolved, Second Amendment advocates have had relatively little to showfor the legislative session.
On Thursday, the Senate prepared for a possible vote Friday ona measure (SB 616) that would allow people with concealedweapons licenses to hang onto their handguns until they reach security checkpoints inside courthouses.
The proposal cleared the Rules Committee on Tuesday. But even if it is approved by the entire Senate, the fate of the bill remains to be seen, as the House doesn’t have a companion bill.
Senate Judiciary Chairman Greg Steube — a Sarasota Republican who is sponsoring a number of firearm-related bills, including the courthouse measure— said he hopes House Speaker Richard Corcoran will pick up the proposal when it comes over fromthe Senate.
Steube refused to say many of his other proposals — including one that would allow people with concealed-weapons licenses to openly carry guns or carry firearms on university campuses or into airport terminals— are dead for the session.