Has Florida Issued a License to Kill?

The recent shooting of two burglars by Orlando resident Anthony Julian highlights Florida's revised Stand Your Ground Law. Prior to its adoption in 2005, a person had to believe themselves in imminent danger before resorting to deadly force. If there was an avenue of escape available, a citizen was required to pursue that avenue rather than use force.

In the case of Anthony Julian, he likely would have been required under former laws to call 911 and refrain from entering his own home, as he was in no danger while he remained outside. Instead, Julian was within his legal rights to, upon realizing his house was occupied unlawfully, arm himself, enter his own residence and confront the intruders.

Julian is covered by Florida Statutes, Chapter 776, specifically through 776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--

(4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

The statute further states in section (3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

With a number of home invasions and carjackings resulting in loss of life, it seems logical that statutes would develop that address the fact that, in most cases, by the time a victim realizes their life is in fact endangered it is too late.