Recently, the Hallandale Beach Police Department put in place Special Order 16-003 Use of Force policy that prohibits its officers from protecting themselves against moving vehicles. The Broward County PBA maintains that not only does SO 16-003 violate Florida’s Stand Your Ground statute, but it unnecessarily places our members in harmâ€™s way. A review of the plain meaning of Stand Your Ground would unescapably lead a disinterested party to conclude that Stand Your Ground carves out no â€œvehicleâ€ exception, which is exactly what SO 16-003 unlawfully does.
â€œIt seems that the Hallandale Beach administration continues to put political correctness before the safety of the brave men and women of the Hallandale Beach Police Department,â€ Broward County PBA President Jeff Marano said.
The Stand Your Ground statute, as codified in Sections 776.012, and 776.013, Florida Statutes, provides that a person is justified in the use of deadly force and has no duty to retreat if either: (1) the person reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself, or another or to prevent the imminent commission of a forcible felony; or (2) the person acts under and according to the circumstances set forth in Section 776.013 (pertaining to the use of force in the context of a home or vehicle invasion).
As set forth, Stand Your Ground does not mandate a person â€œnot [to] discharge a firearm at a vehicle when the vehicle is the only instrument being used as a weapon/potential weapon in a deadly force encounter.â€ If the Legislature had wished to address the factual scenario envisioned in SO 16-003, it would have written an exception to Stand Your Ground. In its current state, it does not. Thus, the Cityâ€™s mandate is unlawful. As such, the PBA will continue to advocate for our membersâ€™ safety and advise them accordingly.