Proposed changes that strengthen Florida's “stand your ground” law are headed to the full Florida Senate in January, after passing a third and final committee hearing Thursday.
But the new version of Senate Bill 344, which was endorsed unanimously by the Senate Rules Committee, is more tempered than previous drafts due to a sweeping amendment offered by chairman David Simmons, R-Altamonte Springs.
The compromise is intended to make the proposal more palatable to critics. Gun-rights advocates -- such as the National Rifle Association and Florida Carry -- said they "can live with" the changes but preferred the original version, which offered defendants even greater protection from prosecution.
The bill filed by Sen. Rob Bradley, R-Fleming Island, shifted the burden of proof in a preliminary hearing to prosecutors, requiring them to show "beyond a reasonable doubt" why a defendant is not entitled to a stand-your-ground defense.
The revised bill keeps that shift but requires prosecutors to prove only "clear and convincing evidence" -- a lower threshold.
"There are reasons a prosecutor shouldn’t have to bear the burden beyond all reasonable doubt in a preliminary hearing because there are unforeseen and complicated circumstances of doing that," Simmons said, citing double-jeopardy implications as one example.