SB128 requires the state to provide “clear and convincing evidence” that a self-defense claim is invalid.
The Florida State Senate passed SB128 on April 5, 2017 by a vote of 74 to 39. We have assigned pluses to the yeas because the right to self-defense is fundamental and tied closely to protections afforded by the 2nd Amendment of the U.S. Constitution. This bill requires a prosecuting body, rather than the defense, to prove wrongful death with “clear and convincing evidence,” when a legal defense of self-defense is raised following a deadly event. The ability of citizens to protect themselves when under personal threat is a critical natural right that protects a society from falling into chaos.