Florida Senate - 2014 CS for SB's 130 & 122 By the Committee on Judiciary; and Senators Simmons and Smith 590-00460-14 2014130c1 1 A bill to be entitled 2 An act relating to the use of deadly force; amending 3 ss. 30.60 and 166.0485, F.S.; directing the Department 4 of Law Enforcement to develop a uniform training 5 curriculum for county sheriffs and municipal police 6 departments to use in training participants in 7 neighborhood crime watch programs; amending s. 8 776.032, F.S.; providing that a person who is 9 justified in using force is immune from criminal 10 prosecution and civil action initiated by the person 11 against whom the force was used; revising the 12 definition of the term “criminal prosecution”; 13 clarifying that a law enforcement agency retains the 14 authority and duty to fully investigate the use of 15 force upon which an immunity may be claimed; amending 16 s. 776.041, F.S.; providing that any reason, including 17 immunity, used by an aggressor to justify the use of 18 force is not available to the aggressor under 19 specified circumstances; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 30.60, Florida Statutes, is amended to 24 read: 25 30.60 Establishment of neighborhood crime watch programs.— 26 (1) A county sheriff or municipal police department may 27 establish neighborhood crime watch programs within the county or 28 municipality. The participants of a neighborhood crime watch 29 program shall include, but need not be limited to, residents of 30 the county or municipality and owners of businesses located 31 within the county or municipality. 32 (2) The Department of Law Enforcement shall develop a 33 uniform training curriculum for training participants in 34 neighborhood crime watch programs. County sheriffs and municipal 35 police departments shall use the curriculum in training 36 participants of such programs. The training shall address, but 37 need not be limited to, how to recognize and report suspicious 38 or unlawful activity, crime prevention techniques, when a 39 participant in a crime watch program is authorized or expected 40 to assist another person, the unlawful use of force, and conduct 41 that may unreasonably create or escalate a confrontation between 42 a neighborhood watch participant and a person suspected of 43 unlawful activity. 44 Section 2. Section 166.0485, Florida Statutes, is amended 45 to read: 46 166.0485 Establishment of neighborhood crime watch 47 programs.— 48 (1) A county sheriff or municipal police department may 49 establish neighborhood crime watch programs within the county or 50 municipality. The participants of a neighborhood crime watch 51 program shall include, but need not be limited to, residents of 52 the county or municipality and owners of businesses located 53 within the county or municipality. 54 (2) The Department of Law Enforcement shall develop a 55 uniform training curriculum for training participants in 56 neighborhood crime watch programs. County sheriffs and municipal 57 police departments shall use the curriculum in training 58 participants of such programs. The training shall address, but 59 need not be limited to, how to recognize and report suspicious 60 or unlawful activity, crime prevention techniques, when a 61 participant in a crime watch program is authorized or expected 62 to assist another person, the unlawful use of force, and conduct 63 that may unreasonably create or escalate a confrontation between 64 a neighborhood watch participant and a person suspected of 65 unlawful activity. 66 Section 3. Subsection (1) of section 776.032, Florida 67 Statutes, is amended to read: 68 776.032 Immunity from criminal prosecution and civil action 69 for justifiable use of force.— 70 (1) A person who uses force as permitted in s. 776.012, s. 71 776.013, or s. 776.031 is justified in using such force and is 72 immune from criminal prosecution and civil action by the person, 73 personal representative, or heirs of the person, against whom 74 force was used for the use of such force, unless the person 75 against whom force was used is a law enforcement officer, as 76 defined in s. 943.10(14), who was acting in the performance of 77 his or her official duties and the officer identified himself or 78 herself in accordance with any applicable law or the person 79 using force knew or reasonably should have known that the person 80 was a law enforcement officer. As used in this subsection, the 81 term “criminal prosecution” includes, with probable cause, 82 arresting, taking into custody, or
arresting, detaining in83 custody, andcharging or prosecuting the defendant. This 84 subsection does not restrict a law enforcement agency’s 85 authority and duty to fully and completely investigate the use 86 of force upon which an immunity may be claimed or any event 87 surrounding such use of force. 88 Section 4. Section 776.041, Florida Statutes, is amended to 89 read: 90 776.041 Use of force by aggressor.—The justification 91 described in the preceding sections of this chapter, including, 92 but not limited to, the immunity provided for in s. 776.032, is 93 not available to a person who: 94 (1) Is attempting to commit, committing, or escaping after 95 the commission of, a forcible felony; or 96 (2) Initially provokes the use of force against himself or 97 herself, unless: 98 (a) Such force is so great that the person reasonably 99 believes that he or she is in imminent danger of death or great 100 bodily harm and that he or she has exhausted every reasonable 101 means to escape such danger other than the use of force which is 102 likely to cause death or great bodily harm to the assailant; or 103 (b) In good faith, the person withdraws from physical 104 contact with the assailant and indicates clearly to the 105 assailant that he or she desires to withdraw and terminate the 106 use of force, but the assailant continues or resumes the use of 107 force. 108 Section 5. This act shall take effect October 1, 2014.