6 April 2005Sun-Sentinel.comBy Beth Kassab and Sherri M. Owens
Floridians could "meet force with force" on the street, in a bar or just about anywhere else without fear of prosecution, under a bill that cleared the state Legislature on Tuesday.Gov. Jeb Bush plans to sign the measure into law, even though opponents said it amounts to legalized dueling that could lead to simple arguments escalating into fatal fights.
The bill (SB 436), a top priority of the National Rifle Association in Tallahassee this year, won final approval in the House on Tuesday by a 94-20 vote. Two weeks ago, it passed the Senate 39-0.The bill essentially broadens and codifies a right Floridians already have in their homes or cars, saying that there's no need to retreat before fighting back. People attacked in their homes generally don't have to back off. But in public spaces, deadly force can be used only after trying to retreat.The bill would take effect Oct. 1.Opponents said the idea will legalize shootouts in the streets."This bill creates a wild, wild West out there," said Rep. Eleanor Sobel, D-Hollywood."It's a little dismaying that any responsible legislator would consider this," said Assistant State Attorney Bill Gross, who prosecutes homicides in Lake County. "This is going to make us less safe because it's going to discourage all restraint by citizens.""As it is right now, we see tragedies in our court system every day involving citizens who don't exercise restraint," he said. "Now they are under less legal requirement to use restraint before resorting to violence. I believe this is a step backward."Bush said he sees the law as another deterrent against crime."Our crime rate's dropping, and it's because of measures that allow people to protect themselves and their properties, as well as putting habitual violent offenders away for longer periods of time," he said.Rep. Dennis Baxley, R-Ocala, the House sponsor, said the law would simply grant the same protections to Floridians that other states such as California, Georgia and Tennessee already have in place. He also said it would make criminals pause before attacking someone."You are empowering our citizens of Florida to have a safer society," said Baxley, an NRA member, during House debate. "Some violent rape will not occur because somebody felt empowered by this bill."But there was concern from some Democrats that the law goes too far."It legalizes dueling," said Rep. Dan Gelber, D-Miami Beach. "It legalizes fighting to the point of death without anybody having a duty to retreat."NRA lobbyist Marion Hammer said the bill does not condone dueling. "The bill says that when you are attacked you may meet force with force to defend yourself. It does not condone fighting," she said.Michael Edmondson, a spokesman for the Palm Beach State Attorney's Office, said prosecutors had no official position on the bill and it's up to citizens to determine whether it's appropriate. "It's our job to simply apply the law," he said.Staff Writer Alva James-Johnson and Sean Mussenden of the Orlando Sentinel contributed to this report.Beth Kassab can be reached at [email protected] or 850-222-5564.
