Play Live Radio
Next Up:
Available On Air Stations

'Stand Your Ground' Measure Filed In Florida House

Wikimedia Commons
The Florida Channel
Leon County Judge John Cooper on June 30, 2022, in a screen grab from The Florida Channel.

A controversial proposal to shift the burden of proof in "stand your ground" self-defense cases is back this year in the Florida House.

Palatka Republican Rep. Bobby Payne on Friday filed the proposal (HB 245) to shift the burden of proof to prosecutors during evidentiary hearings in self-defense cases.

The bill stems from a Florida Supreme Court ruling in 2015 that said defendants have the burden of proof to show they should be shielded from prosecution under the "stand your ground" law.

In "stand your ground" cases, pre-trial evidentiary hearings are held to determine whether defendants should be immune from prosecution.

The state Senate approved a similar proposal last year, but the measure failed to reach the House floor.

Payne's proposal is identical to a measure (SB 128) by Sen. Rob Bradley, R-Fleming Island, scheduled to be vetted by the Senate Judiciary Committee on Jan. 24.