Under the previous Florida law a common law standard prevailed which required that a person attacked in a public place must retreat if possible. This is not an unreasonable standard and has been the rule of law for a few hundred years in civilized societies.
|Magritte, Man Reading Newspaper, 1928|
A significant flaw in the law is that it actually forbids the arrest, detention or prosecution of anyone covered by the law, and it prohibits civil suits against the gunman. This means that law enforcement must tread carefully before determination to make an arrest, as a wrongful arrest is strictly forbidden under the statute.
The Florida law destroyed hundreds of years of well thought out common law by expanding the right to shoot anyone who poses a threat, not merely a threat to the occupant of a home's safety.
As a professor of law noted, "In effect," Professor Sebok said, "the law allows citizens to kill other citizens in defense of property."
What we have is a Florida Government that values property over life. Every member of the legislature who voted for this law should be voted out of office and that fool of a governor who signed it before vanishing - Jeb Bush, should be ashamed and as punishment should be forced to read a Pinellas Criminal Defense Lawyer Blog every morning with his breakfast, like I do.