A bill to shift the burden of proof in controversial "stand your ground" self-defense cases to the prosecution has been refiled in the Florida Senate.

  • Bill to shift the burden of proof in “Stand Your Ground” cases will make another appearance in the Florida Legislature next year
  • Filed by Jacksonville-area Republican Rob Bradley
  • The new legislation clarifies that the government, not the accused, has the burden of proof
  • Read the bill: (SB 128)

Under the new bill (SB 128), filed Thursday by Jacksonville-area Republican Rob Bradley, it would no longer be up to the person who pulls the trigger to prove they were acting in self-defense.  

The "stand your ground" law allows residents to use deadly force in defense of their lives or property in certain circumstances. 

This marks the second time Bradley has sponsored this type of legislation. 

Last time, it passed the Senate but died in committee in the house. Now, he's hoping it gets the approval to move forward. 

Bradley, of Fleming Island, said this bill corrects a misinterpretation of the SYG law from a Supreme Court ruling on 2015. 

"The government has the burden of proof in a criminal case from the beginning of a case until the end," Bradley said in a prepared statement Thursday. "This fundamental premise is guaranteed in our Constitution and understood intuitively by all Floridians.

“We have an obligation to zealously guard the protections granted us all in the Constitution.” 

Prosecutors spoke out on the previous filing last year, saying it would make it extremely difficult for them to try cases, saying they would essentially have to try a case before it actually got to trial.

So far, the House Companion Bill has not been filed for 2017.