House Bill 0539

    Florida House of Representatives - 2000                 HB 539

        By Representative Sobel






  1                      A bill to be entitled

  2         An act relating to writs of bodily attachment;

  3         amending s. 61.11, F.S.; authorizing necessary

  4         and reasonable force to enter buildings or

  5         property to execute a writ of bodily

  6         attachment; specifying absence of civil or

  7         criminal liability in executing a writ of

  8         bodily attachment; providing an effective date.

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

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12         Section 1.  Subsection (3) is added to section 61.11,

13  Florida Statutes, to read:

14         61.11  Writs.--

15         (3)(a)  If any law enforcement officer fails to gain

16  admittance to any building or property after she or he has

17  announced her or his authority and purpose in order to execute

18  a writ of bodily attachment, the officer may use all necessary

19  and reasonable force to enter the building or property where

20  the person who is the subject of the writ is or is reasonably

21  believed to be.

22         (b)  The execution of a writ of bodily attachment by a

23  law enforcement officer, if done in compliance with this

24  subsection, shall not render such law enforcement officer

25  criminally or civilly liable for false arrest, false

26  imprisonment, or unlawful detention.

27         Section 2.  This act shall take effect October 1, 2000.

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






    Florida House of Representatives - 2000                 HB 539

    710-112-00






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  2                          HOUSE SUMMARY

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      Authorizes law enforcement officers to use necessary and
  4    reasonable force to enter buildings or property to
      execute a writ of bodily attachment. Specifies absence of
  5    civil or criminal liability for law enforcement officers
      in lawfully executing a writ of bodily attachment.
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