| 1 | A bill to be entitled |
| 2 | An act relating to the protection of persons and property; |
| 3 | creating s. 776.013, F.S.; authorizing a person to use |
| 4 | force, including deadly force, against an intruder or |
| 5 | attacker in a dwelling, residence, or vehicle under |
| 6 | specified circumstances; creating a presumption that a |
| 7 | reasonable fear of death or bodily injury exists under |
| 8 | certain circumstances; creating a presumption that a |
| 9 | person acts with the intent to use force or violence under |
| 10 | specified circumstances; providing definitions; amending |
| 11 | ss. 776.012 and 776.031, F.S.; providing that a person is |
| 12 | justified in using deadly force under certain |
| 13 | circumstances; declaring that a person is not under a duty |
| 14 | to retreat if the person is in a place where he or she has |
| 15 | a right to be; creating s. 776.032, F.S.; providing |
| 16 | immunity from criminal prosecution or civil action for |
| 17 | using deadly force; authorizing a law enforcement agency |
| 18 | to investigate the use of deadly force but prohibiting the |
| 19 | agency from arresting the person unless the agency |
| 20 | determines that probable cause exists showing that the |
| 21 | force the person used was unlawful; directing the court to |
| 22 | award attorney's fees, court costs, loss of income, and |
| 23 | other expenses under specified circumstances; amending s. |
| 24 | 776.041, F.S.; revising the circumstances that justify the |
| 25 | use of force by an aggressor; providing an effective date. |
| 26 |
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| 27 | WHEREAS, the Legislature finds that it is necessary to |
| 28 | restore absolute rights of law-abiding people to protect |
| 29 | themselves, their families and others, and their property from |
| 30 | intruders and attackers without fear of prosecution or civil |
| 31 | action for defending that to which they are rightfully entitled, |
| 32 | and |
| 33 | WHEREAS, the castle doctrine is an ancient common-law |
| 34 | doctrine, with origins going back at least to Roman law, which |
| 35 | declares that a man's home is his castle and, thus, a person may |
| 36 | use all manner of force, including deadly force, to protect it |
| 37 | and its inhabitants from attack, and |
| 38 | WHEREAS, Section 2 of Article I of the State Constitution |
| 39 | guarantees basic rights to all natural persons, including the |
| 40 | right to defend life and protect property, and |
| 41 | WHEREAS, the residents of this state have a right to expect |
| 42 | absolute safety within their own homes or vehicles, and |
| 43 | WHEREAS, no person or victim of crime should be required to |
| 44 | surrender his or her life, health, or property to a criminal, |
| 45 | nor should a person or victim be required to retreat in the face |
| 46 | of intrusion or attack, NOW, THEREFORE, |
| 47 |
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| 48 | Be It Enacted by the Legislature of the State of Florida: |
| 49 |
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| 50 | Section 1. Section 776.013, Florida Statutes, is created |
| 51 | to read: |
| 52 | 776.013 Home protection; use of deadly force; presumption |
| 53 | of fear of death or bodily injury.-- |
| 54 | (1) A person is presumed to have held a reasonable fear of |
| 55 | imminent peril of death or bodily injury to himself or herself |
| 56 | or another when using defensive force that is intended or likely |
| 57 | to cause death or bodily injury to another if: |
| 58 | (a) The person against whom the defensive force was used |
| 59 | had unlawfully or forcibly entered or attempted to enter a |
| 60 | dwelling, residence, or vehicle or if that person had removed or |
| 61 | attempted to remove another from the dwelling, residence, or |
| 62 | vehicle. |
| 63 | (b) The person using defensive force knew or had reason to |
| 64 | believe that an unlawful or forcible entry or unlawful or |
| 65 | forcible act had occurred. |
| 66 |
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| 67 | A person does not have a duty to retreat from a dwelling, |
| 68 | residence, vehicle, or place where the person has a right to be. |
| 69 | (2) A person who unlawfully enters or attempts to enter a |
| 70 | person's dwelling, residence, or occupied vehicle is presumed to |
| 71 | do so with the intent to commit an unlawful act involving force |
| 72 | or violence. |
| 73 | (3) As used in this section, the term: |
| 74 | (a) "Dwelling" means a building or conveyance of any kind, |
| 75 | including any attached porch, whether the building or conveyance |
| 76 | is temporary or permanent, mobile or immobile, which has a roof |
| 77 | over it, including a tent, and is designed to be occupied by |
| 78 | people lodging therein at night, together with the curtilage |
| 79 | thereof. |
| 80 | (b) "Residence" means a dwelling in which a person resides |
| 81 | either temporarily or permanently or is visiting as an invited |
| 82 | guest. |
| 83 | (c) "Vehicle" means any conveyance of any kind, whether or |
| 84 | not motorized, which is designed to transport people or |
| 85 | property. |
| 86 | Section 2. Section 776.012, Florida Statutes, is amended |
| 87 | to read: |
| 88 | 776.012 Use of force in defense of person.--A person is |
| 89 | justified in using the use of force that is intended or likely |
| 90 | to cause death or bodily injury, except deadly force, against |
| 91 | another when and to the extent that the person reasonably |
| 92 | believes that such conduct is necessary to defend himself or |
| 93 | herself or another against the such other's imminent use of |
| 94 | unlawful force. However, the person is justified in the use of |
| 95 | deadly force only if he or she reasonably believes that such |
| 96 | force is necessary to prevent imminent death or great bodily |
| 97 | harm to himself or herself or another or to prevent the imminent |
| 98 | commission of a forcible felony. A person does not have a duty |
| 99 | to retreat if the person is in a place where he or she has a |
| 100 | right to be. |
| 101 | Section 3. Section 776.031, Florida Statutes, is amended |
| 102 | to read: |
| 103 | 776.031 Use of force in defense of others.--A person is |
| 104 | justified in the use of force, except deadly force, against |
| 105 | another when and to the extent that the person reasonably |
| 106 | believes that such conduct is necessary to prevent or terminate |
| 107 | the such other's trespass on, or other tortious or criminal |
| 108 | interference with, either real property other than a dwelling or |
| 109 | personal property, lawfully in his or her possession or in the |
| 110 | possession of another who is a member of his or her immediate |
| 111 | family or household or of a person whose property he or she has |
| 112 | a legal duty to protect. However, the person is justified in the |
| 113 | use of deadly force only if he or she reasonably believes that |
| 114 | the such force is necessary to prevent the imminent commission |
| 115 | of a forcible felony. A person does not have a duty to retreat |
| 116 | if the person is in a place where he or she has a right to be. |
| 117 | Section 4. Section 776.032, Florida Statutes, is created |
| 118 | to read: |
| 119 | 776.032 Immunity from criminal prosecution and civil |
| 120 | action for justifiable use of force.-- |
| 121 | (1) A person who uses force as described in s. 776.012, s. |
| 122 | 776.013, or s. 776.031 is justified in using such force and is |
| 123 | immune from criminal prosecution and civil action for the use of |
| 124 | such force. |
| 125 | (2) A law enforcement agency may use standard procedures |
| 126 | for investigating the use of the force, but the agency may not |
| 127 | arrest the person for using force unless it determines that |
| 128 | probable cause exists showing that the force that was used was |
| 129 | unlawful. |
| 130 | (3)(a) The court shall award attorney's fees, court costs, |
| 131 | compensation for loss of income, and all expenses incurred by |
| 132 | the defendant in defense of the criminal prosecution if the |
| 133 | court finds that the defendant is immune from prosecution as |
| 134 | provided in subsection (1). |
| 135 | (b) As used in this subsection, the term "criminal |
| 136 | prosecution" includes wrongfully arresting, detaining in |
| 137 | custody, and charging or prosecuting the defendant. The law |
| 138 | enforcement agency or state attorney that brought the criminal |
| 139 | prosecution is liable to the defendant for the payment of fees |
| 140 | and costs. |
| 141 | (4) The court shall award attorney's fees, court costs, |
| 142 | compensation for loss of income, and all expenses incurred by |
| 143 | the defendant in defense of any civil action brought by a |
| 144 | plaintiff if the court finds that the defendant is immune from |
| 145 | prosecution as provided in subsection (1). The plaintiff and the |
| 146 | plaintiff's attorney are jointly and severally liable to the |
| 147 | defendant for the payment of fees and costs. |
| 148 | Section 5. Section 776.041, Florida Statutes, is amended |
| 149 | to read: |
| 150 | 776.041 Use of force by aggressor.--The justification |
| 151 | described in the preceding sections of this chapter is not |
| 152 | available to a person who: |
| 153 | (1) Is attempting to commit, committing, or escaping after |
| 154 | the commission of, a forcible felony; or |
| 155 | (2) Initially provokes the use of force against himself or |
| 156 | herself, unless: |
| 157 | (a) Such force is so great that the person reasonably |
| 158 | believes that he or she is in imminent danger of death or great |
| 159 | bodily harm and that he or she has exhausted every reasonable |
| 160 | means to escape such danger other than the use of force which is |
| 161 | likely to cause death or great bodily harm to the assailant; or |
| 162 | (b) in good faith, the person withdraws from physical |
| 163 | contact with the assailant and indicates clearly to the |
| 164 | assailant that he or she desires to withdraw and terminate the |
| 165 | use of force, but the assailant continues or resumes the use of |
| 166 | force. |
| 167 | Section 6. This act shall take effect upon becoming a law. |