Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 344
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/07/2015           .                                

       The Committee on Rules (Simmons) recommended the following:
    1         Senate Amendment to Amendment (956336) (with title
    2  amendment)
    4         Delete lines 5 - 121
    5  and insert:
    6         Section 1. Subsection (3) of section 776.013 is amended to
    7  read:
    8         776.013 Home protection; use or threatened use of deadly
    9  force; presumption of fear of death or great bodily harm.—
   10         (1) A person is presumed to have held a reasonable fear of
   11  imminent peril of death or great bodily harm to himself or
   12  herself or another when using or threatening to use defensive
   13  force that is intended or likely to cause death or great bodily
   14  harm to another if:
   15         (a) The person against whom the defensive force was used or
   16  threatened was in the process of unlawfully and forcefully
   17  entering, or had unlawfully and forcibly entered, a dwelling,
   18  residence, or occupied vehicle, or if that person had removed or
   19  was attempting to remove another against that person’s will from
   20  the dwelling, residence, or occupied vehicle; and
   21         (b) The person who uses or threatens to use defensive force
   22  knew or had reason to believe that an unlawful and forcible
   23  entry or unlawful and forcible act was occurring or had
   24  occurred.
   25         (2) The presumption set forth in subsection (1) does not
   26  apply if:
   27         (a) The person against whom the defensive force is used or
   28  threatened has the right to be in or is a lawful resident of the
   29  dwelling, residence, or vehicle, such as an owner, lessee, or
   30  titleholder, and there is not an injunction for protection from
   31  domestic violence or a written pretrial supervision order of no
   32  contact against that person; or
   33         (b) The person or persons sought to be removed is a child
   34  or grandchild, or is otherwise in the lawful custody or under
   35  the lawful guardianship of, the person against whom the
   36  defensive force is used or threatened; or
   37         (c) The person who uses or threatens to use defensive force
   38  is engaged in a criminal activity or is using the dwelling,
   39  residence, or occupied vehicle to further a criminal activity;
   40  or
   41         (d) The person against whom the defensive force is used or
   42  threatened is a law enforcement officer, as defined in s.
   43  943.10(14), who enters or attempts to enter a dwelling,
   44  residence, or vehicle in the performance of his or her official
   45  duties and the officer identified himself or herself in
   46  accordance with any applicable law or the person using or
   47  threatening to use force knew or reasonably should have known
   48  that the person entering or attempting to enter was a law
   49  enforcement officer.
   50         (3) A person who is attacked in his or her dwelling,
   51  residence, or vehicle has no duty to retreat and has the right
   52  to stand his or her ground and use or threaten to use force,
   53  including deadly force, if he or she reasonably believes that
   54  using or threatening to use such force is necessary to prevent
   55  imminent death or great bodily harm to himself or herself or
   56  another, or to prevent the commission of a forcible felony uses
   57  or threatens to use force in accordance with s. 776.012(1) or
   58  (2) or s. 776.031(1) or (2).
   59         (4) A person who unlawfully and by force enters or attempts
   60  to enter a person’s dwelling, residence, or occupied vehicle is
   61  presumed to be doing so with the intent to commit an unlawful
   62  act involving force or violence.
   63         (5) As used in this section, the term:
   64         (a) “Dwelling” means a building or conveyance of any kind,
   65  including any attached porch, whether the building or conveyance
   66  is temporary or permanent, mobile or immobile, which has a roof
   67  over it, including a tent, and is designed to be occupied by
   68  people lodging therein at night.
   69         (b) “Residence” means a dwelling in which a person resides
   70  either temporarily or permanently or is visiting as an invited
   71  guest.
   72         (c) “Vehicle” means a conveyance of any kind, whether or
   73  not motorized, which is designed to transport people or
   74  property.
   77  ================= T I T L E  A M E N D M E N T ================
   78  And the title is amended as follows:
   79         Delete lines 166 - 182
   80  and insert:
   81         of defensive force; amending s. 776.013, F.S;
   82         providing that a person in his or her dwelling,
   83         residence, or vehicle has no duty to retreat and may
   84         use necessary force, upon reasonable belief that such
   85         force is necessary to prevent imminent death, great
   86         bodily harm, or the imminent commission of a forcible
   87         felony; amending s. 776.032,