Civil suit? Florida Specific

This is a discussion on Civil suit? Florida Specific within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; If I shoot someone, and the jury says it was justified or the grand jury didn't indict me, in FL I'm shielded from a civil ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 20
Like Tree2Likes

Thread: Civil suit? Florida Specific

  1. #1
    Senior Member Array BRTCP88's Avatar
    Join Date
    Nov 2008
    Location
    Tampa, FL
    Posts
    574

    Civil suit? Florida Specific

    If I shoot someone, and the jury says it was justified or the grand jury didn't indict me, in FL I'm shielded from a civil suit correct? Or am I thinking of another state?
    Ron Paul 2012

    There are three kinds of Yankees: Yankees, Damn Yankees, and Floridians

  2. Remove Ads

  3. #2
    Ex Member Array oldrwizr's Avatar
    Join Date
    May 2012
    Location
    Durham, N.C.
    Posts
    413
    Does any state think like that? In this country civil law and criminal law are separate entities. I guess there's room for flexibility by state, but that sounds unusual to say the least.

  4. #3
    JD
    JD is offline
    Administrator
    Array JD's Avatar
    Join Date
    Jun 2006
    Location
    Central Iowa
    Posts
    19,190
    Quote Originally Posted by oldrwizr View Post
    Does any state think like that? In this country civil law and criminal law are separate entities. I guess there's room for flexibility by state, but that sounds unusual to say the least.
    Not really. There are multiple states that protect individuals from civil suits provided they are not found guilty of criminal wrong doing in a court of law.

  5. #4
    Senior Member Array BRTCP88's Avatar
    Join Date
    Nov 2008
    Location
    Tampa, FL
    Posts
    574
    Quote Originally Posted by JD View Post
    Not really. There are multiple states that protect individuals from civil suits provided they are not found guilty of criminal wrong doing in a court of law.
    Is FL one?
    Ron Paul 2012

    There are three kinds of Yankees: Yankees, Damn Yankees, and Floridians

  6. #5
    VIP Member Array NC Bullseye's Avatar
    Join Date
    Apr 2009
    Location
    NC Foothills
    Posts
    2,507
    Quote Originally Posted by oldrwizr View Post
    Does any state think like that? In this country civil law and criminal law are separate entities. I guess there's room for flexibility by state, but that sounds unusual to say the least.
    Your state does.

    You may want to check out NC statute § 14‑51.3. Use of force in defense of person; relief from criminal or civil liability.


    Sorry to the op for the slight side track.
    Inspector71 likes this.

  7. #6
    VIP Member Array NC Bullseye's Avatar
    Join Date
    Apr 2009
    Location
    NC Foothills
    Posts
    2,507
    Yes, FL does offer protection from civil suits. Here's the statue

    776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—
    (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
    (2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
    (3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
    History.—s. 4, ch. 2005-27.
    Is this what you were looking for?

  8. #7
    Ex Member Array oldrwizr's Avatar
    Join Date
    May 2012
    Location
    Durham, N.C.
    Posts
    413
    Well then I guess this is wrong then:

    The Supreme Court has also ruled that the right against double jeopardy precludes only subsequent criminal proceedings. It does not preclude subsequent civil proceedings or administrative proceedings (e.g., a license revocation HEARING) against a person who has already been prosecuted for the same act or omission, even if that person is fined in the later civil or administrative proceeding. Nor is prosecution barred by double jeopardy if it is preceded by a final civil or administrative determination on the same issue.
    Here's the full article:

    Supreme Court ruling

  9. #8
    VIP Member Array ccw9mm's Avatar
    Join Date
    Jul 2006
    Location
    USA
    Posts
    26,055
    Quote Originally Posted by BRTCP88 View Post
    Is FL one?
    Check FL Statutes Title XLVI 776.032: Immunity from criminal prosecution and civil action for justifiable use of force.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, GOA, OFF, ACLDN.

  10. #9
    JD
    JD is offline
    Administrator
    Array JD's Avatar
    Join Date
    Jun 2006
    Location
    Central Iowa
    Posts
    19,190
    Quote Originally Posted by NC Bullseye View Post
    Your state does.

    You may want to check out NC statute § 14‑51.3. Use of force in defense of person; relief from criminal or civil liability.


    Sorry to the op for the slight side track.
    No worries, I changed the title to reflect the Florida nature of the topic after the first couple of posts.

  11. #10
    Senior Member Array BRTCP88's Avatar
    Join Date
    Nov 2008
    Location
    Tampa, FL
    Posts
    574
    Quote Originally Posted by NC Bullseye View Post
    Is this what you were looking for?
    Yes, sir. Thank you. I always get confused by the #'s when I try to look up state statutes :P
    Ron Paul 2012

    There are three kinds of Yankees: Yankees, Damn Yankees, and Floridians

  12. #11
    VIP Member Array NC Bullseye's Avatar
    Join Date
    Apr 2009
    Location
    NC Foothills
    Posts
    2,507
    Quote Originally Posted by BRTCP88 View Post
    Yes, sir. Thank you. I always get confused by the #'s when I try to look up state statutes :P
    Just be sure to follow up and read the statutes in their entirety since there can be references to other statutes that may change the meanings and interpretations of it. Some states only grant the immunity to civil liability when the deadly force is used in the home or workplace and not for other locations so double check with your local state law gurus.

    Good luck!

  13. #12
    Ex Member Array RayBar's Avatar
    Join Date
    May 2012
    Location
    Virginia
    Posts
    386
    Quote Originally Posted by BRTCP88 View Post
    If I shoot someone, and the jury says it was justified or the grand jury didn't indict me, in FL I'm shielded from a civil suit correct? Or am I thinking of another state?
    A person who uses force as permitted in s776.12,776.13or 776.31 is justified in using such force and is immune from criminal and civil action for the use of such force,unless the person against whom force was used is a law enforcement officer,as defined in 943.10,who was acting in the performance of his or her official duties and the officer identified himself or herself ia accordance with any applicable law or the person using force knew or resonably should have known that the person was a law enforcement officer.

  14. #13
    Senior Member Array Lish's Avatar
    Join Date
    Jun 2012
    Location
    FL
    Posts
    764
    Quote Originally Posted by oldrwizr View Post
    Well then I guess this is wrong then:



    Here's the full article:

    Supreme Court ruling
    That Supreme Court ruling deals with double jeopardy - not being able to be tried for the same event twice. What the op is referring to is immunity after justifiable use of force. They're two completely different matters.

  15. #14
    Distinguished Member Array kelcarry's Avatar
    Join Date
    Nov 2009
    Location
    charleston, SC
    Posts
    1,855
    In this country anybody can sue anybody for anything. That is why lawyers live in big houses, drive nice cars and seem to end up becoming our law makers--for their greedy benefit. Having said that, at least in SC, I echo many of the replies wherein a justified shooting brings civil immunity into play. I would tend to think that many if not a majority of states who have detailed gun laws that include castle doctrine and stand your ground etal, would also have an immunity clause in the wording.

  16. #15
    Senior Member Array darbo's Avatar
    Join Date
    Oct 2011
    Location
    Fl
    Posts
    531
    This lawyers book is a great resource on Fl. gun laws. Anyone that owns a gun should read it.
    FLORIDA FIREARMS Law, Use & Ownership Book | Orlando Criminal Defense Lawyer Jon H. Gutmacher
    jdsumner likes this.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

civil suit florida immunity
,
civil suit immunity florida
,
civil suit immunity in florida
,
fl civil suits
,

florida civil suit immunity

,
florida concealed carry civil immunity
,
florida concealed carry civil liability
,
florida gun law civil immunity
,

florida immunity from civil suit

,
florida immunity from civil suits
,
immunity from civil suit florida
,
is zimmerman immune from civil suit
Click on a term to search for related topics.