What Can You Do According to Florida Concealed Carry Laws?

What's Up Sheepdogs? Ryan here with Tampa Carry.

As most of you know I believe that high emotion moments are the most dangerous situation you can find yourself in. Sports seem to be one area where people can get highly emotional extremely fast. 

On February 7th 2021, Super Bowl night, Jose Ortiz got into a verbal altercation with a pizza delivery driver who was wearing a football jersey. I don’t know the details of what happened during this altercation but I do know that the pizza delivery driver was able to leave the area. 

However for some strange reason the pizza delivery driver returned shortly after she left. Again I don’t know why this young woman decided to return to the scene. Maybe she forgot to deliver something to her customer or maybe she wanted to continue engaging with Ortiz. 

This is when the situation escalated into physical violence, as this young woman attempted to drive away, Hillsborough County deputies say Ortiz pulled out a firearm and opened fire. 

What is this young woman allowed to do according to Florida concealed carry law? Let's ask ourselves the big questions. 

The Big Questions

How Could this Situation Have Been Avoided? 

The easiest way the situation could’ve been avoided is if the pizza delivery driver would have left the area as soon as she identified the potential threat. She should have delivered her pizza, gotten into her vehicle and gone back to her office. Or maybe she should have gotten into her vehicle driven to a safe location and dial 911. However it is never a smart idea to confront Or continue engaging with a crazy out-of-control person. 

What Self Defense Options Could have been Used? 

Unfortunately there are many details about the situation that are not available to me at this time. For instance we don’t know what this young woman did when she returned to the scene. Did she stay inside of her vehicle while arguing with the crazy man or did she exit the vehicle? Hillsborough County sheriff's deputies say there was a physical altercation but did this physical altercation occur while the young woman was in the vehicle or outside of the vehicle?

The big question that I ask myself in this scenario is does this young woman have a right to use or threaten the use of deadly force according to the Florida justified use of force Statute? 

Does this Scenario Fall Under the Justified Use of Force Statute? 

The Florida justified use of force Statute, 776.012(2), is the law that provides the requirements that must be met before an individual can use or threaten the use of deadly force in the state of Florida. Here’s what the law says; 

Florida Statutes 776.012 (2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use 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. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Do you have a responsible belief of imminent death? Certainly once the crazy man pulled out a firearm there would be a reasonable belief of imminent death. However we don’t know if there was a reasonable belief of imminent death in the incidents leading up to the fire and being pulled. 

Do you have a responsible belief of the imminent commission of a forcible felony? 

Florida Statutes 776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

This situation could meet the requirements for aggravated battery and aggravated assault. You will also discover at the end of this article that this situation would also meet the requirements of murder. 

Is the use of deadly force necessary? Sure in my opinion if anybody is threatening me or someone around me with a firearm my use of deadly force would be immediately necessary. 

Are you in a place where you have a right to be? 

Yes the young woman is performing the duties of her job by delivering the pizza and she has a legal right to be in this neighborhood. 

Are you engaged in criminal activity? Based on the information that we have it does not appear that the young woman is engaged in any criminal activity. 

Where is the Line in the Sand? 

The line in the sand is the point at which the young lady, pizza delivery driver, would have no other choice but to pull out her firearm and shoot. For me my line in the sand would be when this crazy football fan threatened to use unlawful deadly force against myself or someone around me. As I mentioned before our goal is to identify potentially dangerous people and avoid these individuals at all costs. Which is really easy to say and very difficult to do when emotions are running high.

What Would You Do? 

What would you do if someone started a verbal altercation with you because of a jersey you were wearing? Would you fuel the fire by continuing in a verbal argument or would you laugh it off and get out of the area? If you were able to leave the area after getting into a verbal or physical altercation would you return to continue the fight or would you retreat to a safe area and dial 911? What would you do in this situation? 

The Rest of The Story 

As the pizza delivery driver was attempting to flee the area the second time, Ortiz allegedly opened fire on her vehicle. This caused the young woman to lose control of her vehicle and crash into 14 year old Jason Lopez Jr. 

Unfortunately Jason did not survive his injuries and was produced dead. 

Ortiz was arrested and charged with First Degree Murder While Engaged In The Murder Of Another Human, along with several other felonies. 

The pizza delivery driver sustained a non life threatening gunshot wound. 

This story is the perfect example that you never know who you are dealing with. You may think you are getting in a minor verbal argument but that other person may be willing to kill you. You may think you're simply supporting your favorite football team, but someone may be willing to kill you. You might think you're returning to the scene so that you can get the last word, but someone may be willing to kill you. 

Please learn from this situation and avoid conflict as much as possible. 

That's all I have for today. So until next time keep training and stay safe...

Ryan G. Thomas

P.S. You’re one step away from getting your Florida concealed carry permit….FAST & EASY…

And for a limited time you can watch the concealed carry course online for free... Click here to get started...