CS for CS for SB 1052                            First Engrossed
       
       
       
       
       
       
       
       
       20171052e1
       
    1                        A bill to be entitled                      
    2         An act relating to justifiable use of force; amending
    3         s. 776.013, F.S.; specifying that a person who is in a
    4         dwelling or residence in which he or she has a right
    5         to be has no duty to retreat and has the right to
    6         stand his or her ground under certain circumstances;
    7         reenacting s. 776.032(1), F.S., relating to immunity
    8         from criminal prosecution and civil action for
    9         justifiable use or threatened use of force, to
   10         incorporate the amendment made to s. 776.013, F.S., in
   11         references thereto; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (3) of section 776.013, Florida
   16  Statutes, is amended to read:
   17         776.013 Home protection; use or threatened use of deadly
   18  force; presumption of fear of death or great bodily harm.—
   19         (3) A person who is attacked in a his or her dwelling or,
   20  residence in which the person has a right to be, or vehicle has
   21  no duty to retreat and has the right to stand his or her ground
   22  by using or threatening and use or threaten to use force,
   23  including deadly force, if he or she reasonably believes that
   24  such conduct is necessary to prevent death or great bodily harm
   25  to himself, herself, or another or to prevent the imminent
   26  commission of a forcible felony uses or threatens to use force
   27  in accordance with s. 776.012(1) or (2) or s. 776.031(1) or (2).
   28         Section 2. For the purpose of incorporating the amendment
   29  made by this act to section 776.013, Florida Statutes, in a
   30  reference thereto, subsection (1) of section 776.032, Florida
   31  Statutes, is reenacted to read:
   32         776.032 Immunity from criminal prosecution and civil action
   33  for justifiable use or threatened use of force.—
   34         (1) A person who uses or threatens to use force as
   35  permitted in s. 776.012, s. 776.013, or s. 776.031 is justified
   36  in such conduct and is immune from criminal prosecution and
   37  civil action for the use or threatened use of such force by the
   38  person, personal representative, or heirs of the person against
   39  whom the force was used or threatened, unless the person against
   40  whom force was used or threatened is a law enforcement officer,
   41  as defined in s. 943.10(14), who was acting in the performance
   42  of his or her official duties and the officer identified himself
   43  or herself in accordance with any applicable law or the person
   44  using or threatening to use force knew or reasonably should have
   45  known that the person was a law enforcement officer. As used in
   46  this subsection, the term “criminal prosecution” includes
   47  arresting, detaining in custody, and charging or prosecuting the
   48  defendant.
   49         Section 3. This act shall take effect July 1, 2017.