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A bill to be entitled

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An act relating to use of deadly force; amending s.

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776.013, F.S.; requiring an overt act to support a belief

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that the use of deadly force for specified purposes is

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necessary; amending s. 776.032, F.S.; providing that

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immunity from civil and criminal liability for certain

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uses of deadly force does not apply to injuries to

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children and bystanders who are not affiliated with the

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overt act; providing an effective date.

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

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

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Statutes, is amended to read:

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     776.013  Home protection; use of deadly force; presumption

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of fear of death or great bodily harm.--

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

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

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

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stand his or her ground and meet force with force, including

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deadly force if he or she reasonably believes due to an overt act

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that it is necessary to do so to prevent death or great bodily

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harm to himself or herself or another or to prevent the

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commission of a forcible felony.

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

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Statutes, is amended to read:

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     776.032  Immunity from criminal prosecution and civil action

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for justifiable use of force.--

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     (1)  A person who uses force as permitted in s. 776.012, s.

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776.013, or s. 776.031 is justified in using such force and is

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immune from criminal prosecution and civil action for the use of

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such force; however, such immunity does not apply to injuries to

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children and bystanders who are not affiliated with the overt

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act. Immunity will be granted, unless the person against whom

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force was used is a law enforcement officer, as defined in s.

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943.10(14), who was acting in the performance of his or her

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official duties and the officer identified himself or herself in

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accordance with any applicable law or the person using force knew

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or reasonably should have known that the person was a law

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enforcement officer. As used in this subsection, the term

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"criminal prosecution" includes arresting, detaining in custody,

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and charging or prosecuting the defendant.

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     Section 3.  This act shall take effect July 1, 2008.