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.