Senate Bill sb0878

    Florida Senate - 2007                                   SB 878

    By Senator Wilson





    33-303-07                                           See HB 371

  1                      A bill to be entitled

  2         An act relating to use of deadly force;

  3         amending s. 776.013, F.S.; requiring an overt

  4         act to support a belief that the use of deadly

  5         force for specified purposes is necessary;

  6         defining the term "unlawful activity" for

  7         specified purposes; amending s. 776.032, F.S.;

  8         providing that immunity from civil and criminal

  9         liability for certain uses of deadly force does

10         not apply to injuries to children and

11         bystanders who are not affiliated with the

12         overt act; providing an effective date.

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

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16         Section 1.  Subsection (3) of section 776.013, Florida

17  Statutes, is amended, and paragraph (d) is added to subsection

18  (5) of that section, to read:

19         776.013  Home protection; use of deadly force;

20  presumption of fear of death or great bodily harm.--

21         (3)  A person who is not engaged in an unlawful

22  activity and who is attacked in any other place where he or

23  she has a right to be has no duty to retreat and has the right

24  to stand his or her ground and meet force with force,

25  including deadly force if he or she reasonably believes due to

26  an overt act that it is necessary to do so to prevent death or

27  great bodily harm to himself or herself or another or to

28  prevent the commission of a forcible felony.

29         (5)  As used in this section, the term:

30         (d)  "Unlawful activity" means activity undertaken by a

31  person which is prohibited by the laws of this state.

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






    Florida Senate - 2007                                   SB 878
    33-303-07                                           See HB 371




 1         Section 2.  Subsection (1) of section 776.032, Florida

 2  Statutes, is amended to read:

 3         776.032  Immunity from criminal prosecution and civil

 4  action for justifiable use of force.--

 5         (1)  A person who uses force as permitted in s.

 6  776.012, s. 776.013, or s. 776.031 is justified in using such

 7  force and is immune from criminal prosecution and civil action

 8  for the use of such force; however, such immunity does not

 9  apply to injuries to children and bystanders who are not

10  affiliated with the overt act. Immunity will be granted,

11  unless the person against whom force was used is a law

12  enforcement officer, as defined in s. 943.10(14), who was

13  acting in the performance of his or her official duties and

14  the officer identified himself or herself in accordance with

15  any applicable law or the person using force knew or

16  reasonably should have known that the person was a law

17  enforcement officer. As used in this subsection, the term

18  "criminal prosecution" includes arresting, detaining in

19  custody, and charging or prosecuting the defendant.

20         Section 3.  This act shall take effect July 1, 2007.

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