Florida Senate - 2013                                     SB 362
       
       
       
       By Senator Bullard
       
       
       
       
       39-00531-13                                            2013362__
    1                        A bill to be entitled                      
    2         An act relating to the use of deadly force; amending
    3         s. 776.013, F.S.; requiring an overt act to support a
    4         belief that the use of deadly force for specified
    5         purposes is necessary; defining the term “unlawful
    6         activity” for specified purposes; amending s. 776.032,
    7         F.S.; providing that immunity from civil and criminal
    8         liability for certain uses of deadly force does not
    9         apply to injuries to children and bystanders who are
   10         not affiliated with the overt act; providing an
   11         effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (3) of section 776.013, Florida
   16  Statutes, is amended, present paragraph (c) of subsection (5) of
   17  that section is redesignated as paragraph (d), and a new
   18  paragraph (c) is added to that subsection, to read:
   19         776.013 Home protection; use of deadly force; presumption
   20  of fear of death or great bodily harm.—
   21         (3) A person who is not engaged in an unlawful activity and
   22  who is attacked in any other place where he or she has a right
   23  to be has no duty to retreat and has the right to stand his or
   24  her ground and meet force with force, including deadly force, if
   25  he or she reasonably believes due to an overt act that it is
   26  necessary to do so to prevent death or great bodily harm to
   27  himself or herself or another or to prevent the commission of a
   28  forcible felony.
   29         (5) As used in this section, the term:
   30         (c) “Unlawful activity” means activity undertaken by a
   31  person which is prohibited by the laws of this state.
   32         Section 2. Subsection (1) of section 776.032, Florida
   33  Statutes, is amended to read:
   34         776.032 Immunity from criminal prosecution and civil action
   35  for justifiable use of force.—
   36         (1) A person who uses force as permitted in s. 776.012, s.
   37  776.013, or s. 776.031 is justified in using such force and is
   38  immune from criminal prosecution and civil action for the use of
   39  such force. However, this immunity does not apply if:
   40         (a) A child or a bystander who is not affiliated with the
   41  overt act is injured; or
   42         (b) The, unless the person against whom force was used is a
   43  law enforcement officer, as defined in s. 943.10(14), who was
   44  acting in the performance of his or her official duties and the
   45  officer identified himself or herself in accordance with any
   46  applicable law or the person using force knew or reasonably
   47  should have known that the person was a law enforcement officer.
   48  
   49  As used in this subsection, the term “criminal prosecution”
   50  includes arresting, detaining in custody, and charging or
   51  prosecuting the defendant.
   52         Section 3. This act shall take effect July 1, 2013.