Miami judge rules ‘Stand Your Ground’ unconstitutional

MIAMI — A judge has ruled that Florida's lawmakers overstepped their authority in updating the state's "Stand Your Ground" ruling.

In ruling the law unconstitutional, Miami-Dade Circuit Judge Milton Hirsch said Monday that the changes should have been crafted by the Florida Supreme Court instead of by the Legislature.

A long time ago, the state constitution delegated rulemaking authority to the court, explained UF Law expert Dr. George “Bob” Dekle.

“What this judge is probably thinking is that this is a procedural matter that should have been addressed by the rulemaking authority of the supreme court, rather than by the legislative authority of the legislature,” Dekle added.

But there is a grey area in which lawmakers and Gov. Rick Scott could possibly appeal, Dekle said.

“Some procedural issues are substantive and within the purview of the legislature to act on,” he added.

The Legislature modified the 2005 statute and Gov. Rick Scott signed it into law in June. The bill was backed by the National Rifle Association.

Under the law, prosecutors must prove by "clear and convincing" evidence that someone wasn't acting in self-defense.