Stand Your Ground and Self Defense in Florida by Charnele Tate: Legislative History

Judiciary Committee Bill Analysis

On February 25, 2005, the "Stand Your Ground" bill was analyzed to determine the impact it would have on Floridians. This analysis describes the common law rule of self-defense and how the proposed statute would affect the criminal justice system.

Florida's New "Stand Your Ground" Law: Why It's More Extreme than Other States' Self-Defense Measures, And How It Got that Way

This article, written on May 2, 2005 by Anthony J. Sebok for FindLaw, was a criticism of the Stand Your Ground law. 

"Last week, Governor Jeb Bush signed a bill that has become known as the "Stand Your Ground" law. The law immunizes citizens who use deadly force in self-defense against criminal prosecution and civil liability.

Critics of the law are afraid it will promote vigilantism. Supporters say that it merely brings Florida into line with the majority of other states. But the truth is the law goes beyond what other states are doing.

In this column, I'll discuss the new law, and argue that it is an example of a simple reform that was hijacked by the NRA."

Exerpt taken from FindLaw

H.R. 2812

Purpose: To encourage States to prohibit "stand your ground" laws and require neighborhood watch programs to register with local law enforcement agencies and the Department of Justice, to direct the Attorney General to study such laws, and for other purposes.

Introduced: 7/24/2013

Sponsor: Rep. Sheila Jackson-Lee (TX-18)

Co-Sponsors: Rep. Karen Bass (CA-37), Rep. Steve Cohen (TN-9), Rep. Elijah Cummings (MD-7), Rep. Keith Ellison (MN-5), Rep. Luis Gutierrez (IL-4), Rep. Janice Hahn (CA-44), Rep. Henry Johnson (GA-4), Rep. John Lewis (GA-5), Rep. Alan Lowenthal (CA-47)

Status: Referred to the House Committee on the Judiciary on 7/24/2013

Information taken from Thomas.gov (Library of Congress)

The following are links to proposed legislation: 

• 01/10/05 HOUSE Filed
• 01/25/05 HOUSE Referred to Judiciary (JC); Justice Appropriations (FC); Justice Council
• 02/11/05 HOUSE On Committee agenda-- Judiciary (JC), 02/23/05, 9:30 am, Morris Hall
• 02/23/05 HOUSE Favorable with CS amendment by Judiciary (JC); YEAS 13 NAYS 0
• 03/03/05 HOUSE Pending review of CS under Rule 6.3(b); Now in Justice Appropriations (FC)
• 03/08/05 HOUSE Introduced, referred to Judiciary (JC); Justice Appropriations (FC); Justice Council -HJ 00030; On Committee agenda-- Judiciary (JC), 02/23/05, 9:30 am, Morris Hall; Favorable with CS amendment by Judiciary (JC); YEAS 13 NAYS 0 -HJ 00155; Pending review of CS under Rule 6.3(b); Now in Justice Appropriations (FC) -HJ 0015
• 03/10/05 HOUSE Withdrawn from Justice Appropriations (FC) -HJ 00197; Now in Justice Council
• 03/21/05 HOUSE On Council agenda-- Justice Council, 03/23/05, 9:00 am, 404-H
• 03/23/05 HOUSE Favorable with CS amendment by- Justice Council; YEAS 8 NAYS 2 -HJ 0029
• 03/29/05 HOUSE Pending review of CS -under Rule 6.3(b); Placed on Calendar-HJ 0029
• 03/31/05 HOUSE Placed on Special Order Calendar; Substituted CS/CS/SB 436; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 436 (Ch. 2005-27) -HJ 00310

• 12/08/04 SENATE Filed
• 12/17/04 SENATE Referred to Criminal Justice; Judiciary
• 01/14/05 SENATE On Committee agenda-- Criminal Justice, 01/26/05, 2:00 pm, 37-S --Temporarily postponed
• 01/31/05 SENATE On Committee agenda-- Criminal Justice, 02/09/05, 2:00 pm, 37-S
• 02/09/05 SENATE CS by Criminal Justice; YEAS 8 NAYS 0 
• 02/10/05 SENATE Now in Judiciary
• 02/15/05 SENATE On Committee agenda-- Judiciary, 02/23/05, 2:00 pm, 401-S
• 02/23/05 SENATE CS/CS by- Judiciary; YEAS 7 NAYS 0
• 02/25/05 SENATE Placed on Calendar, on second reading
• 03/08/05 SENATE Introduced, referred to Criminal Justice; Judiciary-SJ 00031; On Committee agenda-- Criminal Justice, 01/26/05, 2:00 pm, 37-S --Temporarily postponed; On Committee agenda--Criminal Justice, 02/09/05, 2:00 pm, 37-S; CS by Criminal Justice; YEAS 8 NAYS 0 -SJ 00104; CS read first time on 03/08/05 -SJ 00098; Now in Judiciary -SJ 00104; On Committee agenda-- Judiciary, 02/23/05, 2:00 pm, 401-S; CS/CS by-Judiciary; YEAS 7 NAYS 0 -SJ 00105; CS read first time on 03/08/05 -SJ 00098; Placed on Calendar, on second reading-SJ 00105
•  03/22/05 SENATE Placed on Special Order Calendar -SJ 00246; Read second time-SJ 00244; Amendment(s) adopted -SJ 00244; Amendment(s) failed -SJ 00244; Ordered engrossed -SJ 00244
•  03/23/05 SENATE Read third time -SJ 00262; CS passed as amended; YEAS 39 NAYS 0 -SJ 00263 
• 03/30/05 HOUSE In Messages; Received, referred to Calendar -HJ 00298, -HJ 00303
• 03/31/05 HOUSE Substituted for HB 249 -HJ 00310; Read second time -HJ 00311; Amendment(s) failed -HJ 00311
• 04/05/05 HOUSE Read third time -HJ 00342; Amendment(s) failed -HJ 00342; CS passed; YEAS 94 NAYS 20 -HJ 00342
• 04/07/05 SENATE Ordered enrolled -SJ 00388
• 04/20/05   Signed by Officers and presented to Governor -SJ 00535
• 04/26/05   Approved by Governor; Chapter No. 2005-27 -SJ 00585

H.RES.612 

Honoring the life of 17-year-old, Trayvon Martin, urging the State of Florida and others to repeal the Stand Your Ground law, and admonishing involved parties to pursue full investigations into all homicides, regardless of defenses asserted by the offender.

Whereas on February 26, 2012, Trayvon Martin, an African-American youth, was horrifically shot and killed while walking from his local 7-Eleven in Sanford, Florida, because he was viewed as `suspicious' by George Zimmerman;

Whereas Zimmerman, a self-appointed, untrained neighborhood watch volunteer, admitted to police that he shot Martin in the chest;

Whereas Zimmerman raised a `self-defense' claim and Martin, as the deceased victim, was unable to rebut such claim;

Whereas Zimmerman was never charged for the crime and was released by the Sanford Police Department soon thereafter;

Whereas despite the numerous pieces of evidence, including a 911 call made by Zimmerman, Martin's final phone conversation which occurred during the course of the crime, the numerous calls made to 911 by nearby neighbors who heard the incident, and Zimmerman's troubling legal history, the Sanford Police claimed they did not have enough evidence to detain Zimmerman and subsequently released him;

Whereas Zimmerman's unfounded assumptions and racial bias led to the use of deadly force;

Whereas a month after the crime, Zimmerman remains free and still bears a concealed weapons permit and the legal right to carry a gun;

Whereas Trayvon Martin's brutal death and the inconceivable fact that his killer remains free should not be ignored;

Whereas the Sanford Police Department and its Chief, who is on temporary administrative leave while the case is being investigated, have faced a firestorm of criticism over the handling of the shooting;

Whereas this case sets a horrific precedent of vigilante justice and compromises the integrity of the legal system;

Whereas the Department of Justice will investigate all facts and circumstances leading to Trayvon Martin's death and consider Federal criminal prosecution of George Zimmerman based on Federal civil rights statutes;

Whereas over 2,000,000 signatures have been collected on an online petition demanding Zimmerman's arrest and justice for Martin's family;

Whereas Florida's Stand Your Ground law has been criticized by both the legal and law enforcement communities;

Whereas 21 States have passed and implemented Stand Your Ground laws;

Whereas Stand Your Ground laws dramatically and recklessly expand the right of citizens to use deadly force in self-defense, and have been the subject of national scrutiny in the wake of Trayvon Martin's death;

Whereas the Stand Your Ground laws were drafted by organizations, corporations, and individuals that ignored advice from experts explaining that such laws would compromise public safety, disproportionately impact communities of color, and would result in offenders circumventing prosecution;

Whereas an attempted expansion of the Stand Your Ground laws doctrine has resulted in the collaboration of the National Rifle Association (NRA) and the American Legislative Exchange Council (ALEC), which promotes conservative public policy by affecting change in State legislatures;

Whereas ALEC drafts model legislation for its members to champion and advance in their home States;

Whereas ALEC used Florida's Stand Your Ground law as a template in its push to broaden the Castle Doctrine nationwide; and

Whereas the 2005 passage of Florida's Stand Your Ground law resulted in similar statutes being passed in 16 other States: Now, therefore, be it

Resolved,

 That the House of Representatives--

(1) admonishes any State, local agency, or official acting to obstruct an open investigation or failing to fully execute their official duties in the investigation of the events surrounding the death of Trayvon Martin;

(2) condemns all relevant parties for their roles in proposing Stand Your Ground legislation and similar legislation that compromises public safety and the integrity of the prosecutorial system;

(3) condemns unfounded reliance on Stand Your Ground laws to protect actions that extend far beyond historical use of self-defense;

(4) urges any State legislature considering Stand Your Ground legislation to reject such proposals; and

(5) urges the repeal of the Stand Your Ground law in every applicable State, including Florida.

Protection of Persons/Use of Force

Authorizes person to use force,including deadly force, against intruder or attacker in dwelling,residence, or vehicle under specified circumstances; provides that person is justified in using deadly force under certain circumstances; provides immunity from criminal prosecution or civil action for using deadly force; defines term "criminal prosecution", etc. Creates 776.013,.032; amends 776.012,.031.  EFFECTIVE DATE: 10/01/2005.

H. Res. 55

Sponsor: Rep. Frederica Wilson (FL-24) on 2/5/13

Honoring the life of Trayvon Martin, urging the repeal of Stand Your Ground laws, and calling on the United States Government to address the crisis of racial profiling.

Whereas Trayvon Martin would have celebrated his 18th birthday on February 5, 2013;

Whereas on February 26, 2012, Trayvon Martin, an African-American youth, was horrifically shot and killed while walking from his local 7-Eleven in Sanford, Florida, because he was viewed as `suspicious' by George Zimmerman;

Whereas Zimmerman, a self-appointed, untrained neighborhood watch volunteer, admitted to police that he shot Martin in the chest;

Whereas Trayvon Martin was racially profiled, stalked, chased, made to fight for his life, and ultimately murdered;

Whereas Zimmerman raised a `self-defense' claim and Martin, as the deceased victim, was unable to rebut such claim;

Whereas a police officer is held accountable for every bullet he or she discharges, and a private citizen should be held to the same standard with regard to the use of deadly physical force;

Whereas Trayvon Martin's brutal death and the inconceivable fact that his killer remains free should not be ignored;

Whereas over 2,200,000 signatures have been collected on an online petition demanding justice for Martin's family;

Whereas Zimmerman's unfounded assumptions and racial bias led to the use of deadly force;

Whereas Travyon Martin was a victim of the prejudice and societal isolation of Black boys and men;

Whereas this case sets a horrific precedent of vigilante justice and compromises the integrity of the legal system;

Whereas Florida's Stand Your Ground law has been criticized by both the legal and law enforcement communities;

Whereas John F. Timoney, the former Miami police chief, Philadelphia police commissioner and deputy police commissioner in New York, has declared Stand Your Ground laws to be a `recipe for disaster,' which `give citizens unfettered power and discretion with no accountability';

Whereas over 20 States have passed and implemented Stand Your Ground laws;

Whereas Stand Your Ground laws dramatically and recklessly expand the right of citizens to use deadly force, and have been the subject of national scrutiny in the wake of Trayvon Martin's death; and

Whereas Stand Your Ground laws were drafted by organizations, corporations, and individuals that ignored advice from experts explaining that such laws would compromise public safety, disproportionately impact communities of color, and would result in offenders circumventing prosecution: Now, therefore, be it

Resolved,

 That the House of Representatives--

1. condemns unfounded reliance on Stand Your Ground laws to protect actions that extend far beyond historical use of self-defense;
2. urges any State legislature to reject or repeal Stand Your Ground legislation;
3. commits to developing incentives for States to find alternatives to Stand Your Ground legislation such as grants for community policing;
4. encourages States to create penalties for individuals found to have caused substantive harm through racial profiling; and
5. urges the United States Commission on Civil Rights to seek to elevate the social status of Black men and boys by undertaking studies to understand and correct the underlying causes of higher rates of school expulsions and suspensions, homicides, incarceration, poverty, violence, drug abuse, as well as income, health, and educational disparities among Black males.