HB 337

1
A bill to be entitled
2An act relating to the use of force; amending s. 776.051,
3F.S.; providing that a person is not justified in
4obstructing with violence a law enforcement officer who is
5engaged in the lawful execution of a legal duty,
6regardless of a later finding by a court; providing that a
7person is not justified in using force if a law
8enforcement officer acts in good faith and is known or
9appears to be a law enforcement officer; providing an
10effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 776.051, Florida Statutes, is amended
15to read:
16     776.051  Use of force in resisting or making an arrest or
17the execution of a legal duty; prohibition.--
18     (1)  A person is not justified in the use of force to
19resist an arrest by a law enforcement officer or to obstruct
20with violence a lawful enforcement officer who is engaged in the
21lawful execution of a legal duty, regardless of whether a court
22later finds that the action of the law enforcement officer was
23unlawful, if the law enforcement officer was acting in good
24faith and he or she who is known, or reasonably appears, to be a
25law enforcement officer.
26     (2)  A law enforcement officer, or any person whom the
27officer has summoned or directed to assist him or her, is not
28justified in the use of force if the arrest or execution of a
29legal duty is unlawful and known by him or her to be unlawful.
30     Section 2.  This act shall take effect July 1, 2007.


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