Florida Senate - 2014                                     SB 122
       
       
        
       By Senator Smith
       
       
       
       
       
       31-00089A-14                                           2014122__
    1                        A bill to be entitled                      
    2         An act relating to self-defense; amending ss. 30.60
    3         and 166.0485, F.S.; requiring the county sheriff or
    4         municipal police to issue reasonable guidelines for
    5         the operation of a neighborhood crime watch program;
    6         requiring the guidelines to include certain specified
    7         conditions; amending s. 776.031, F.S.; authorizing a
    8         person to use force, except deadly force in the
    9         defense of property; authorizing a person to use
   10         deadly force in the defense of property to prevent the
   11         imminent commission of a forcible felony; amending s.
   12         776.032, F.S.; providing that a person who uses force
   13         is immune from civil action brought by the person or
   14         persons against whom the force is used; revising the
   15         definition of the term “criminal prosecution” with
   16         regard to immunity from criminal prosecution and civil
   17         action; providing that a law enforcement agency’s
   18         right and duty to fully investigate the use of force
   19         upon which the claim of immunity is based is not
   20         restricted; deleting a provision that prohibits a law
   21         enforcement agency from arresting a person for using
   22         force unless probable cause is found that the force
   23         used was unlawful; authorizing, rather than requiring,
   24         the court to award attorney fees, court costs, and
   25         other expenses to a defendant who used force under
   26         certain circumstances; providing that the court may
   27         apply comparative fault to award damages, attorney
   28         fees, court costs, and expenses to the prevailing
   29         party in certain circumstances; amending s. 776.041,
   30         F.S.; revising the circumstances under which the
   31         defense of justifiable use of force is unavailable to
   32         an aggressor; establishing a burden of proof for an
   33         aggressor who uses deadly force and specifying the
   34         criteria that must be met in satisfying that burden;
   35         creating s. 776.09, F.S.; providing legislative
   36         findings; directing the Department of Law Enforcement
   37         to collect, process, maintain, and disseminate
   38         information and data on all incidents concerning the
   39         alleged justifiable use of force in this state;
   40         requiring the department to annually report to the
   41         Legislature the information and data in a format and
   42         manner determined by the Legislature; requiring each
   43         law enforcement agency within the state to report
   44         monthly to the department all incidents and cases in
   45         which a claim regarding the justifiable use of force
   46         is raised; providing an effective date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Section 30.60, Florida Statutes, is amended to
   51  read:
   52         30.60 Establishment of neighborhood crime watch programs.—
   53         (1) A county sheriff or municipal police department may
   54  establish neighborhood crime watch programs within the county or
   55  municipality. The participants of a neighborhood crime watch
   56  program shall include, but need not be limited to, residents of
   57  the county or municipality and owners of businesses located
   58  within the county or municipality.
   59         (2)The county sheriff or municipal police department shall
   60  issue reasonable guidelines for the operation of such programs.
   61  The guidelines must include, but need not be limited to,
   62  prohibiting a neighborhood crime watch patrol participant who is
   63  on patrol from confronting or attempting to apprehend a person
   64  suspected of improper or unlawful activity except in those
   65  circumstances in which a reasonable person would be permitted,
   66  authorized, or expected to assist another person.
   67         Section 2. Section 166.0485, Florida Statutes, is amended
   68  to read:
   69         166.0485 Establishment of neighborhood crime watch
   70  programs.—
   71         (1) A county sheriff or municipal police department may
   72  establish neighborhood crime watch programs within the county or
   73  municipality. The participants of a neighborhood crime watch
   74  program shall include, but need not be limited to, residents of
   75  the county or municipality and owners of businesses located
   76  within the county or municipality.
   77         (2)The county sheriff or municipal police department shall
   78  issue reasonable guidelines for the operation of such programs.
   79  The guidelines must include, but need not be limited to,
   80  prohibiting a neighborhood crime watch patrol participant who is
   81  on patrol from confronting or attempting to apprehend a person
   82  suspected of improper or unlawful activity except in those
   83  circumstances in which a reasonable person would be permitted,
   84  authorized, or expected to assist another person.
   85         Section 3. Section 776.031, Florida Statutes, is amended to
   86  read:
   87         776.031 Use of force in defense of property others;
   88  prevention of forcible felony.—A person is justified in the use
   89  of force, except deadly force, against another when and to the
   90  extent that the person reasonably believes that such conduct is
   91  necessary to prevent or terminate the other’s trespass on, or
   92  other tortious or criminal interference with, either real
   93  property other than a dwelling or personal property, lawfully in
   94  his or her possession or in the possession of another who is a
   95  member of his or her immediate family or household or of a
   96  person whose property he or she has a legal duty to protect.
   97  However, the person is justified in the use of deadly force only
   98  if he or she reasonably believes that such force is necessary to
   99  prevent the imminent commission of a forcible felony. A person
  100  does not have a duty to retreat if the person is in a place
  101  where he or she has a right to be.
  102         Section 4. Section 776.032, Florida Statutes, is amended to
  103  read:
  104         776.032 Immunity from criminal prosecution and civil action
  105  for justifiable use of force.—
  106         (1) A person who uses force as permitted in s. 776.012, s.
  107  776.013, or s. 776.031 is justified in using such force and is
  108  immune from criminal prosecution and civil action by the person,
  109  personal representative, or heirs of the person, against whom
  110  force was used for the use of such force, unless the person
  111  against whom force was used is a law enforcement officer, as
  112  defined in s. 943.10(14), who was acting in the performance of
  113  his or her official duties and the officer identified himself or
  114  herself in accordance with any applicable law or the person
  115  using force knew or reasonably should have known that the person
  116  was a law enforcement officer. As used in this subsection, the
  117  term “criminal prosecution” means includes arresting, detaining
  118  in custody, and charging or prosecuting the defendant. This
  119  subsection does not restrict a law enforcement agency’s right
  120  and duty to fully and completely investigate the use of force
  121  upon which an immunity may be claimed or any event surrounding
  122  such use of force.
  123         (2) A law enforcement agency shall may use standard
  124  procedures for investigating the use of force as described in
  125  subsection (1), but the agency may not arrest the person for
  126  using force unless it determines that there is probable cause
  127  that the force that was used was unlawful.
  128         (3) The court may shall award reasonable attorney
  129  attorney’s fees, court costs, compensation for loss of income,
  130  and all expenses incurred by the defendant in defense of any
  131  civil action brought by a plaintiff if the court finds that the
  132  defendant is immune from prosecution as provided in subsection
  133  (1). If the defendant is not immune from prosecution or civil
  134  action, the court may apply comparative fault to award damages,
  135  attorney fees, court costs, and expenses to the prevailing
  136  party.
  137         Section 5. Section 776.041, Florida Statutes, is amended to
  138  read:
  139         776.041 Use of force by aggressor.—The justification
  140  described in the preceding sections of this chapter, including,
  141  but not limited to, the immunity established under s. 776.032,
  142  is not available to a person who:
  143         (1)(a) Is attempting to commit, is committing, or is
  144  escaping after the commission of, a forcible felony; or
  145         (b)(2) Initially provokes the use of force against himself
  146  or herself;, unless:
  147         (a) Such force is so great that the person reasonably
  148  believes that he or she is in imminent danger of death or great
  149  bodily harm and that he or she has exhausted every reasonable
  150  means to escape such danger other than the use of force which is
  151  likely to cause death or great bodily harm to the assailant; or
  152         (b) In good faith, the person withdraws from physical
  153  contact with the assailant and indicates clearly to the
  154  assailant that he or she desires to withdraw and terminate the
  155  use of force, but the assailant continues or resumes the use of
  156  force.
  157         (c) Leaves a place of safety to place himself or herself in
  158  proximity to a situation likely to result in a use of force; or
  159         (d) Pursues an alleged trespasser or assailant after the
  160  alleged trespasser or assailant has withdrawn or when the
  161  incident that gave rise to a previous confrontation has ended.
  162         (2) An aggressor who uses deadly force bears the burden of
  163  proof to establish that:
  164         (a) He or she used every reasonable means within his or her
  165  power and consistent with his or her own safety to avoid the
  166  danger before resorting to the use of force;
  167         (b) The use of force was reasonably necessary to avoid
  168  death or great bodily harm to himself or herself; and
  169         (c) He or she took steps to avoid the necessity of taking a
  170  human life.
  171         (3) For purposes of this section, the force used must be
  172  reasonable, considering all of the circumstances, and the
  173  permitted use of force implies no license for the initiation of
  174  a confrontation or an unreasonable escalation of a confrontation
  175  in progress.
  176         (4)In a civil action involving an aggressor, the court may
  177  apply comparative fault in awarding damages to the prevailing
  178  party.
  179         Section 6. Section 776.09, Florida Statutes, is created to
  180  read:
  181         776.09 Statewide system for reporting, tracking, and
  182  disseminating information regarding self-defense claims and
  183  claim resolution.—
  184         (1) The Legislature finds that transparency regarding the
  185  outcomes of investigations into claims regarding the justifiable
  186  use of force is vital to the integrity of this state’s law
  187  enforcement function and to the public’s understanding of
  188  incidents and cases involving any alleged justifiable use of
  189  force. Therefore, it is in the best interest of the residents of
  190  this state to establish a statewide database to track all
  191  justifiable use of force claims made in this state, including
  192  decisions on whether to arrest or prosecute persons who claim to
  193  have justifiably used force as permitted in this chapter and the
  194  reasons for the decisions.
  195         (2)The Department of Law Enforcement shall collect,
  196  process, maintain, and disseminate information and data on all
  197  incidents in this state in which justifiable use of force is
  198  alleged. The department shall annually report to the Legislature
  199  the information and data in a format and manner determined by
  200  the Legislature.
  201         (3)Each law enforcement agency within the state shall
  202  report monthly to the department all incidents and cases in
  203  which a claim regarding the justifiable use of force is raised,
  204  from the time an initial claim is raised through the full
  205  resolution of the claim or case.
  206         Section 7. This act shall take effect July 1, 2014.