The Attorney General of Florida, James Uthmeier, reminded this Monday that state residents have the right to defend their homes and families, even with firearms when permitted by law, issuing a warning against potential looting and theft following the passage of Hurricane Isaías through northwest Florida.
In a message shared on social media after the storm, the official highlighted the legal consequences of taking advantage of disaster victims and reminded that Florida is a state where the right to bear arms is widely recognized, protected by the Second Amendment of the United States Constitution.
"This is a state proud of the Second Amendment. Floridians have every right to defend their homes and their families," Uthmeier stated.
The prosecutor issued a particularly strong warning to those who seek to take advantage of the emergency to steal property or break into others' homes.
"They rob the victims of the storm and could lose more than their freedom", he stated, referring to the right of property owners to defend themselves.
Uthmeier also recalled that Florida law includes an increase in the severity of certain crimes committed during a declared emergency.
"Withdraw during this emergency and Florida law will elevate your position by a full grade," he noted.
According to the explanation, a person who illegally enters a residence to commit a crime may face charges for a first-degree felony and up to 30 years in prison, when the circumstances outlined by state law are present.
The article 810.02 of the Florida Statutes establishes that crimes of unauthorized entry or remaining in real property or vehicles with the intent to commit a crime can be escalated from second to first degree, or from third to second, when they occur in a county under a state of emergency declared by the governor and the conditions arising from that situation facilitate their commission.
Among those circumstances are blackouts, curfews, voluntary or mandatory evacuations, and difficulties in the response of emergency services.
However, the declaration of emergency does not mean that any theft automatically becomes a felony. The application of the aggravating factors depends on the type of offense and the specific circumstances of the case.
Similarly, the prosecutor's reference to the Second Amendment does not mean that owners can use lethal force against any attempt at theft.
Florida's legislation on the defense of the home allows for the use of force, including lethal force, when reasonably necessary to prevent imminent death, serious bodily injury, or the immediate commission of a violent crime. The law also presumes, with certain exceptions, that there is a reasonable fear of death or serious bodily injury when someone unlawfully and forcefully enters a dwelling and the occupant is aware of it.
The official insisted that the authorities will maintain vigilance and take action against those who attempt to take advantage of the affected communities.
"They will be caught, they will be prosecuted. Florida will remain safe," he assured.
The statements came after Hurricane Isaias made landfall near Destin on Friday night, causing damage and power outages in various communities across the Florida Panhandle.
The warning about the right to defend homes expands on the messages that the prosecutor had already issued regarding the crimes committed during the recovery from the cyclone.
Last Saturday, Uthmeier warned that looters could face up to 30 years in prison and that businesses engaging in price gouging would be subject to fines of up to $25,000 per day.
During that intervention, the prosecutor stated that state and local law enforcement agencies were deployed to protect residents and prevent criminals from taking advantage of the situation.
Before the hurricane hit on October 7, the Florida Attorney General's Office had established a form to report abusive price increases on essential goods and services during the emergency.
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