Florida Senate - 2016 CS for SB 344
By the Committee on Criminal Justice; and Senator Bradley
591-00896-16 2016344c1
1 A bill to be entitled
2 An act relating to justifiable use or threatened use
3 of defensive force; amending s. 776.032, F.S.;
4 providing legislative findings and intent; providing
5 for retroactive application; specifying that once a
6 prima facie claim of self-defense immunity has been
7 raised, the burden of proof shall be on the party
8 seeking to overcome the immunity from criminal
9 prosecution; providing a directive to the Division of
10 Law Revision and Information; creating s. 939.061,
11 F.S.; entitling criminal defendants who successfully
12 claim immunity under s. 776.032, F.S., to an award of
13 specified costs, attorney fees, and related expenses
14 if a court makes specified determinations; specifying
15 a procedure for submitting reimbursement requests;
16 requiring the Justice Administrative Commission to
17 review and approve the reimbursement request if the
18 requested costs, fees, and related expenses are
19 reasonable and supported by valid documentation;
20 requiring reimbursements to be paid from the operating
21 trust fund of the state attorney who prosecuted the
22 defendant; limiting the amount of the award; providing
23 an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 776.032, Florida Statutes, is amended to
28 read:
29 776.032 Immunity from criminal prosecution and civil action
30 for justifiable use or threatened use of force.—
31 (1) The Legislature finds that imposing the burden of proof
32 on a person who uses or threatens to use defensive force as
33 permitted by general law at a pretrial evidentiary hearing
34 substantially curtails the benefit of the immunity from trial
35 provided by this section. The Legislature intends to make it
36 explicit that the state shall bear the burden of proof in
37 establishing beyond a reasonable doubt whether a defendant is
38 entitled to a prima facie claim of self-defense immunity at a
39 pretrial evidentiary hearing. The Legislature has never intended
40 that a person who acts in defense of self, others, or property
41 be denied immunity and subjected to trial when that person would
42 be entitled to acquittal at trial. The amendments to this
43 section made by this act are intended to correct
44 misinterpretations of legislative intent made by the courts and
45 shall apply retroactively to proceedings pending at the time
46 this act becomes a law.
47 (2)(1) A person who uses or threatens to use force as
48 permitted in s. 776.012, s. 776.013, or s. 776.031 is justified
49 in such conduct and is immune from criminal prosecution and
50 civil action for the use or threatened use of such force by the
51 person, personal representative, or heirs of the person against
52 whom the force was used or threatened, unless the person against
53 whom force was used or threatened is a law enforcement officer,
54 as defined in s. 943.10(14), who was acting in the performance
55 of his or her official duties and the officer identified himself
56 or herself in accordance with any applicable law or the person
57 using or threatening to use force knew or reasonably should have
58 known that the person was a law enforcement officer. As used in
59 this subsection, the term “criminal prosecution” includes
60 arresting, detaining in custody, and charging or prosecuting the
61 defendant.
62 (3)(2) A law enforcement agency may use standard procedures
63 for investigating the use or threatened use of force as
64 described in subsection (2)(1), but the agency may not arrest
65 the person for using or threatening to use force unless it
66 determines that there is probable cause that the force that was
67 used or threatened was unlawful.
68 (4)(3) The court shall award reasonable attorney attorney’s
69 fees, court costs, compensation for loss of income, and all
70 expenses incurred by the defendant in defense of any civil
71 action brought by a plaintiff if the court finds that the
72 defendant is immune from prosecution as provided in subsection
73 (2)(1).
74 (5) Once a prima facie claim of self-defense immunity from
75 criminal prosecution has been raised, the burden of proof shall
76 be on the party seeking to overcome the immunity from criminal
77 prosecution provided in subsection (2).
78 Section 2. The Division of Law Revision and Information is
79 directed to replace the phrase “this act” wherever it occurs in
80 the amendments to s. 776.032, Florida Statutes, made by this
81 act, with the chapter law number of this act, if it becomes a
82 law.
83 Section 3. Section 939.061, Florida Statutes, is created to
84 read:
85 939.061 Motion to dismiss; costs.—
86 (1) If a defendant files, and the court grants, a motion to
87 dismiss claiming immunity from criminal prosecution under s.
88 776.032, and the court determines that the state willfully or
89 substantially violated the rules of discovery or that the
90 state’s filing of an information violates the court’s sense of
91 fundamental fairness, the defendant shall be reimbursed for
92 court costs, reasonable private attorney fees, and related
93 expenses incurred in defending the criminal prosecution, up to
94 the limit specified in subsection (4).
95 (2) To receive reimbursement under this section, a
96 defendant must submit a written request for reimbursement to the
97 Justice Administrative Commission within 6 months after the
98 issuance of the order granting the motion to dismiss. The
99 defendant must include with the reimbursement request an order
100 from the court granting the motion to dismiss and documentation
101 of any court costs or private attorney fees and related expenses
102 paid or owed.
103 (3) The Justice Administrative Commission shall review each
104 request and make a determination within 30 days after receiving
105 the request. If the requested court costs are supported by valid
106 documentation and the requested private attorney fees and
107 related expenses are reasonable and supported by valid
108 documentation, the commission must approve the reimbursement
109 request. Approved reimbursement requests must be paid to the
110 defendant from the operating trust fund of the state attorney
111 who prosecuted the defendant within 60 days after receipt of the
112 approved reimbursement request.
113 (4) A reimbursement request under this section may not
114 exceed $200,000.
115 Section 4. This act shall take effect upon becoming a law.