Florida Senate - 2014                                     SB 270
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-00134-14                                            2014270__
    1                        A bill to be entitled                      
    2         An act relating to the use of deadly force; amending
    3         s. 776.013, F.S.; limiting the application of the
    4         stand your ground law to instances in which the
    5         attacker commits an overt act that leads the person
    6         who is attacked to believe that it is necessary to
    7         meet force with force; amending s. 776.032, F.S.;
    8         providing that immunity from civil and criminal
    9         liability for certain uses of deadly force does not
   10         apply if the person injures a child or bystander who
   11         is not affiliated with the overt act; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (3) of section 776.013, Florida
   17  Statutes, is amended, present paragraph (c) of subsection (5) of
   18  that section is redesignated as paragraph (d), and a new
   19  paragraph (c) is added to that subsection, to read:
   20         776.013 Home protection; use of deadly force; presumption
   21  of fear of death or great bodily harm.—
   22         (3) A person who is not engaged in an unlawful activity and
   23  who is attacked in any other place where he or she has a right
   24  to be has no duty to retreat and has the right to stand his or
   25  her ground and meet force with force, including deadly force,
   26  if, due to an overt act, he or she reasonably believes that it
   27  is necessary to do so to prevent death or great bodily harm to
   28  himself or herself or another or to prevent the commission of a
   29  forcible felony.
   30         (5) As used in this section, the term:
   31         (c) “Unlawful activity” means activity undertaken by a
   32  person which is prohibited by the laws of this state.
   33         Section 2. Subsection (1) of section 776.032, Florida
   34  Statutes, is amended to read:
   35         776.032 Immunity from criminal prosecution and civil action
   36  for justifiable use of force.—
   37         (1) A person who uses force as permitted in s. 776.012, s.
   38  776.013, or s. 776.031 is justified in using such force and is
   39  immune from criminal prosecution and civil action for the use of
   40  such force. However, this immunity does not apply if:
   41         (a) A child or a bystander who is not affiliated with the
   42  overt act is injured; or
   43         (b) The, unless the person against whom force was used is a
   44  law enforcement officer, as defined in s. 943.10(14), who was
   45  acting in the performance of his or her official duties and the
   46  officer identified himself or herself in accordance with any
   47  applicable law or the person using force knew or reasonably
   48  should have known that the person was a law enforcement officer.
   49  
   50  As used in this subsection, the term “criminal prosecution”
   51  includes arresting, detaining in custody, and charging or
   52  prosecuting the defendant.
   53         Section 3. This act shall take effect July 1, 2014.