Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 130
Ì5164644Î516464
LEGISLATIVE ACTION
Senate . House
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1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 30.60, Florida Statutes, is amended to
6 read:
7 30.60 Establishment of neighborhood crime watch programs.—
8 (1) A county sheriff or municipal police department may
9 establish neighborhood crime watch programs within the county or
10 municipality. The participants of a neighborhood crime watch
11 program shall include, but need not be limited to, residents of
12 the county or municipality and owners of businesses located
13 within the county or municipality.
14 (2) The Department of Law Enforcement shall develop a
15 uniform training curriculum for training participants in
16 neighborhood crime watch programs. County sheriffs and municipal
17 police departments shall use the curriculum in training
18 participants of such programs. The training shall address, but
19 need not be limited to, how to recognize and report suspicious
20 or unlawful activity, crime prevention techniques, when a
21 participant in a crime watch program is authorized or expected
22 to assist another person, the unlawful use of force, and conduct
23 that may unreasonably create or escalate a confrontation between
24 a neighborhood watch participant and a person suspected of
25 unlawful activity.
26 Section 2. Section 166.0485, Florida Statutes, is amended
27 to read:
28 166.0485 Establishment of neighborhood crime watch
29 programs.—
30 (1) A county sheriff or municipal police department may
31 establish neighborhood crime watch programs within the county or
32 municipality. The participants of a neighborhood crime watch
33 program shall include, but need not be limited to, residents of
34 the county or municipality and owners of businesses located
35 within the county or municipality.
36 (2) The Department of Law Enforcement shall develop a
37 uniform training curriculum for training participants in
38 neighborhood crime watch programs. County sheriffs and municipal
39 police departments shall use the curriculum in training
40 participants of such programs. The training shall address, but
41 need not be limited to, how to recognize and report suspicious
42 or unlawful activity, crime prevention techniques, when a
43 participant in a crime watch program is authorized or expected
44 to assist another person, the unlawful use of force, and conduct
45 that may unreasonably create or escalate a confrontation between
46 a neighborhood watch participant and a person suspected of
47 unlawful activity.
48 Section 3. Subsection (1) of section 776.032, Florida
49 Statutes, is amended to read:
50 776.032 Immunity from criminal prosecution and civil action
51 for justifiable use of force.—
52 (1) A person who uses force as permitted in s. 776.012, s.
53 776.013, or s. 776.031 is justified in using such force and is
54 immune from criminal prosecution and civil action by the person,
55 personal representative, or heirs of the person, against whom
56 force was used for the use of such force, unless the person
57 against whom force was used is a law enforcement officer, as
58 defined in s. 943.10(14), who was acting in the performance of
59 his or her official duties and the officer identified himself or
60 herself in accordance with any applicable law or the person
61 using force knew or reasonably should have known that the person
62 was a law enforcement officer. As used in this subsection, the
63 term “criminal prosecution” includes, with probable cause,
64 arresting, taking into custody, or arresting, detaining in
65 custody, and charging or prosecuting the defendant. This
66 subsection does not restrict a law enforcement agency’s
67 authority and duty to fully and completely investigate the use
68 of force upon which an immunity may be claimed or any event
69 surrounding such use of force.
70 Section 4. Section 776.041, Florida Statutes, is amended to
71 read:
72 776.041 Use of force by aggressor.—The justification
73 described in the preceding sections of this chapter, including,
74 but not limited to, the immunity provided for in s. 776.032, is
75 not available to a person who:
76 (1) Is attempting to commit, committing, or escaping after
77 the commission of, a forcible felony; or
78 (2) Initially provokes the use of force against himself or
79 herself, unless:
80 (a) Such force is so great that the person reasonably
81 believes that he or she is in imminent danger of death or great
82 bodily harm and that he or she has exhausted every reasonable
83 means to escape such danger other than the use of force which is
84 likely to cause death or great bodily harm to the assailant; or
85 (b) In good faith, the person withdraws from physical
86 contact with the assailant and indicates clearly to the
87 assailant that he or she desires to withdraw and terminate the
88 use of force, but the assailant continues or resumes the use of
89 force.
90 Section 5. This act shall take effect October 1, 2014.
91
92 ================= T I T L E A M E N D M E N T ================
93 And the title is amended as follows:
94 Delete everything before the enacting clause
95 and insert:
96 A bill to be entitled
97 An act relating to the use of deadly force; amending
98 ss. 30.60 and 166.0485, F.S.; directing the Department
99 of Law Enforcement to develop a uniform training
100 curriculum for county sheriffs and municipal police
101 departments to use in training participants in
102 neighborhood crime watch programs; amending s.
103 776.032, F.S.; providing that a person who is
104 justified in using force is immune from criminal
105 prosecution and civil action initiated by the person
106 against whom the force was used; revising the
107 definition of the term “criminal prosecution”;
108 clarifying that a law enforcement agency retains the
109 authority and duty to fully investigate the use of
110 force upon which an immunity may be claimed; amending
111 s. 776.041, F.S.; providing that any reason, including
112 immunity, used by an aggressor to justify the use of
113 force is not available to the aggressor under
114 specified circumstances; providing an effective date.