Florida Senate - 2009                                    SB 2670
       
       
       
       By Senator Baker
       
       
       
       
       20-01783A-09                                          20092670__
    1                        A bill to be entitled                      
    2         An act relating to stun guns; amending s. 776.06,
    3         F.S.; redefining the term “deadly force” to exclude
    4         the discharge of a dart-firing stun gun by a law
    5         enforcement officer or correctional officer;
    6         redefining the term “less-lethal munition” to include
    7         projectiles that penetrate the body; amending s.
    8         790.01, F.S.; prohibiting a local government from
    9         regulating nonlethal weapons or other electric
   10         devices; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 776.06, Florida Statutes, is amended to
   15  read:
   16         776.06 Deadly force.—
   17         (1) The term “deadly force” means force that is likely to
   18  cause death or great bodily harm and includes, but is not
   19  limited to:
   20         (a) The firing of a firearm in the direction of the person
   21  to be arrested, even though no intent exists to kill or inflict
   22  great bodily harm; and
   23         (b) The firing of a firearm at a vehicle in which the
   24  person to be arrested is riding.
   25         (2)(a) The term “deadly force” does not include the
   26  discharge of a firearm or a dart-firing stun gun by a law
   27  enforcement officer or correctional officer during and within
   28  the scope of his or her official duties which is loaded with a
   29  less-lethal munition. As used in this subsection, the term
   30  “less-lethal munition” means a projectile that is designed to
   31  stun, temporarily incapacitate, or cause temporary discomfort to
   32  a person without penetrating the person’s body.
   33         (b) A law enforcement officer or a correctional officer is
   34  not liable in any civil or criminal action arising out of the
   35  use of any less-lethal munition in good faith during and within
   36  the scope of his or her official duties.
   37         Section 2. Section 790.01, Florida Statutes, is amended to
   38  read:
   39         790.01 Carrying concealed weapons.—
   40         (1) Except as provided in subsection (4), a person who
   41  carries a concealed weapon or electric weapon or device on or
   42  about his or her person commits a misdemeanor of the first
   43  degree, punishable as provided in s. 775.082 or s. 775.083.
   44         (2) A person who carries a concealed firearm on or about
   45  his or her person commits a felony of the third degree,
   46  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   47         (3) This section does not apply to a person licensed to
   48  carry a concealed weapon or a concealed firearm pursuant to the
   49  provisions of s. 790.06.
   50         (4) It is not a violation of this section for a person to
   51  carry for purposes of lawful self-defense, in a concealed
   52  manner:
   53         (a) A self-defense chemical spray.
   54         (b) A nonlethal stun gun or dart-firing stun gun or other
   55  nonlethal electric weapon or device that is designed solely for
   56  defensive purposes. A local government may not require a
   57  separate license or background check or impose any restrictions
   58  on the purchase, possession, or use of such electric weapons or
   59  devices.
   60         (5) This section does not preclude any prosecution for the
   61  use of an electric weapon or device, a dart-firing stun gun, or
   62  a self-defense chemical spray during the commission of any
   63  criminal offense under s. 790.07, s. 790.10, s. 790.23, or s.
   64  790.235, or for any other criminal offense.
   65         Section 3. This act shall take effect July 1, 2009.