Senate Bill 1866

    Florida Senate - 1999                                  SB 1866

    By Senator Webster





    12-1333B-99

  1                      A bill to be entitled

  2         An act relating to the use of force by law

  3         enforcement officers or correctional officers;

  4         amending s. 776.06, F.S.; providing that the

  5         term "deadly force" does not include the

  6         discharge of a firearm during and within the

  7         scope of his or her official duties which is

  8         loaded with a less-lethal munition; defining

  9         the term "less-lethal munition"; providing that

10         a law enforcement officer or correctional

11         officer is not civilly or criminally liable for

12         the good-faith use of any less-lethal munition;

13         providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 776.06, Florida Statutes, is

18  amended to read:

19         776.06  Deadly force.--

20         (1)  The term "deadly force" means force that which is

21  likely to cause death or great bodily harm and includes, but

22  is not limited to:

23         (a)(1)  The firing of a firearm in the direction of the

24  person to be arrested, even though no intent exists to kill or

25  inflict great bodily harm; and

26         (b)(2)  The firing of a firearm at a vehicle in which

27  the person to be arrested is riding.

28         (2)(a)  The term "deadly force" does not include the

29  discharge of a firearm by a law enforcement officer or

30  correctional officer during and within the scope of his or her

31  official duties which is loaded with a less-lethal munition.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1866
    12-1333B-99




  1  As used in this subsection the term "less-lethal munition"

  2  means a projectile that is designed to stun, temporarily

  3  incapacitate, or cause temporary discomfort to a person

  4  without penetrating the person's body.

  5         (b)  A law enforcement officer, a correctional officer,

  6  or an employer of a law enforcement officer or correctional

  7  officer is not liable in any civil or criminal action arising

  8  out of the use of any less-lethal munition in good faith

  9  during and within the scope of his or her official duties.

10         Section 2.  This act shall take effect July 1, 1999.

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13                          SENATE SUMMARY

14    Provides that the term "deadly force" does not include
      the discharge of a firearm by a law enforcement officer
15    or correctional officer during and within the scope of
      his or her official duties if the firearm is loaded with
16    a less-lethal munition. Defines the term "less-lethal
      munition" to mean a projectile designed to stun,
17    temporarily incapacitate, or cause temporary discomfort
      without penetrating a person's body. Provides that a law
18    enforcement officer or correctional officer is not
      civilly or criminally liable for the good-faith use of
19    less-lethal munitions.

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