| 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 |
|
| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
|
| 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. |