Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1052
       
       
       
       
       
       
                                Ì469012xÎ469012                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/F/2R          .                                
             04/06/2017 03:20 PM       .                                
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       Senator Rodriguez moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 10 - 22
    4  and insert:
    5         Section 1. Subsection (2) of section 776.012, Florida
    6  Statutes, is amended to read:
    7         776.012 Use or threatened use of force in defense of
    8  person.—
    9         (2) A person is justified in using or threatening to use
   10  deadly force if he or she reasonably believes that using or
   11  threatening to use such force is necessary to prevent imminent
   12  death or great bodily harm to himself or herself or another or
   13  to prevent the imminent commission of a forcible felony. A
   14  person who uses or threatens to use deadly force in accordance
   15  with this subsection does not have a duty to retreat and has the
   16  right to stand his or her ground if the person using or
   17  threatening to use the deadly force is not engaged in a criminal
   18  activity, is not excluded under s. 776.041 from claiming that
   19  the use or threatened use of deadly force was justified, and is
   20  in a place where he or she has a right to be.
   21         Section 2. Subsection (3) of section 776.013, Florida
   22  Statutes, is amended to read:
   23         776.013 Home protection; use or threatened use of deadly
   24  force; presumption of fear of death or great bodily harm.—
   25         (3) A person who is attacked in his or her dwelling,
   26  residence, or vehicle has no duty to retreat and has the right
   27  to stand his or her ground and use or threaten to use force,
   28  including deadly force, if he or she uses or threatens to use
   29  force in accordance with s. 776.012(1) or (2) or s. 776.031(1)
   30  or (2), except that the condition imposed in those subsections,
   31  which requires that the person using or threatening to use
   32  deadly force not be engaged in a criminal activity, does not
   33  apply to nonviolent misdemeanors.
   34         Section 3. For the purpose of incorporating the amendments
   35  made by this act to sections 776.012 and 776.013, Florida
   36  Statutes, in references thereto, subsection (1) of section
   37  776.032, Florida Statutes, is reenacted to read:
   38         776.032 Immunity from criminal prosecution and civil action
   39  for justifiable use or threatened use of force.—
   40         (1) A person who uses or threatens to use force as
   41  permitted in s. 776.012, s. 776.013, or s. 776.031 is justified
   42  in such conduct and is immune from criminal prosecution and
   43  civil action for the use or threatened use of such force by the
   44  person, personal representative, or heirs of the person against
   45  whom the force was used or threatened, unless the person against
   46  whom force was used or threatened is a law enforcement officer,
   47  as defined in s. 943.10(14), who was acting in the performance
   48  of his or her official duties and the officer identified himself
   49  or herself in accordance with any applicable law or the person
   50  using or threatening to use force knew or reasonably should have
   51  known that the person was a law enforcement officer. As used in
   52  this subsection, the term “criminal prosecution” includes
   53  arresting, detaining in custody, and charging or prosecuting the
   54  defendant.
   55  
   56  ================= T I T L E  A M E N D M E N T ================
   57  And the title is amended as follows:
   58         Delete lines 3 - 6
   59  and insert:
   60         s. 776.012, F.S.; providing that a person who uses or
   61         threatens to use deadly force does not have a duty to
   62         retreat and has the right to stand his or her ground
   63         if he or she is not otherwise excluded under s.
   64         776.041, F.S., from claiming that the use or
   65         threatened use of deadly force was justified; amending
   66         s. 776.013, F.S.; deleting a requirement that a person
   67         first be attacked in his or her dwelling, residence,
   68         or vehicle before using or threatening to use force;
   69         providing applicability; reenacting s. 776.032(1),
   70         F.S., relating to immunity from criminal prosecution
   71         and civil action for justifiable use or threatened use
   72         of force, to incorporate the amendments made to ss.
   73         776.012 and 776.013, F.S., in references thereto;
   74         providing an effective date.