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