HB 61

1
A bill to be entitled
2An act relating to offenses against officers; amending s.
3776.051, F.S.; providing that a person is not justified in
4using force to resist an arrest by a law enforcement
5officer, or to resist a law enforcement officer engaged in
6executing a legal duty, if the officer acts in good faith
7and is known or appears to be a law enforcement officer;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
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12     Section 1.  Section 776.051, Florida Statutes, is amended
13to read:
14     776.051  Use of force in resisting arrest or making an
15arrest or in the execution of a legal duty; prohibition.--
16     (1)  A person is not justified in the use of force to
17resist an arrest by a law enforcement officer, or to resist a
18law enforcement officer who is engaged in the execution of a
19legal duty, if the law enforcement officer was acting in good
20faith and he or she who is known, or reasonably appears, to be a
21law enforcement officer.
22     (2)  A law enforcement officer, or any person whom the
23officer has summoned or directed to assist him or her, is not
24justified in the use of force if the arrest or execution of a
25legal duty is unlawful and known by him or her to be unlawful.
26     Section 2.  This act shall take effect July 1, 2008.
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CODING: Words stricken are deletions; words underlined are additions.