Florida Senate - 2013 SB 622
By Senator Bullard
39-00830-13 2013622__
1 A bill to be entitled
2 An act relating to the use of deadly force in defense
3 of a person; repealing s. 776.013, F.S., relating to
4 home protection and the use of deadly force, which
5 created a presumption of fear of death or great bodily
6 harm in certain circumstances and provided that there
7 is no duty to retreat and a person has the right to
8 stand one’s ground and meet force with force in
9 certain circumstances; amending ss. 776.012, 776.032,
10 and 790.15, F.S.; conforming provisions; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 776.013, Florida Statutes, is repealed.
16 Section 2. Section 776.012, Florida Statutes, is amended to
17 read:
18 776.012 Use of force in defense of person.—A person is
19 justified in using force, except deadly force, against another
20 when and to the extent that the person reasonably believes that
21 such conduct is necessary to defend himself or herself or
22 another against the other’s imminent use of unlawful force.
23 However, a person is justified in the use of deadly force and
24 does not have a duty to retreat if:
25 (1) he or she reasonably believes that such force is
26 necessary to prevent imminent death or great bodily harm to
27 himself or herself or another or to prevent the imminent
28 commission of a forcible felony; or
29 (2) Under those circumstances permitted pursuant to s.
30 776.013.
31 Section 3. Subsection (1) of section 776.032, Florida
32 Statutes, is amended to read:
33 776.032 Immunity from criminal prosecution and civil action
34 for justifiable use of force.—
35 (1) A person who uses force as permitted in s. 776.012, s.
36 776.013, or s. 776.031 is justified in using such force and is
37 immune from criminal prosecution and civil action for the use of
38 such force, unless the person against whom force was used is a
39 law enforcement officer, as defined in s. 943.10(14), who was
40 acting in the performance of his or her official duties and the
41 officer identified himself or herself in accordance with any
42 applicable law or the person using force knew or reasonably
43 should have known that the person was a law enforcement officer.
44 As used in this subsection, the term “criminal prosecution”
45 includes arresting, detaining in custody, and charging or
46 prosecuting the defendant.
47 Section 4. Subsection (1) of section 790.15, Florida
48 Statutes, is amended to read:
49 790.15 Discharging firearm in public or on residential
50 property.—
51 (1) Except as provided in subsection (2) or subsection (3),
52 any person who knowingly discharges a firearm in any public
53 place or on the right-of-way of any paved public road, highway,
54 or street, who knowingly discharges any firearm over the right
55 of-way of any paved public road, highway, or street or over any
56 occupied premises, or who recklessly or negligently discharges a
57 firearm outdoors on any property used primarily as the site of a
58 dwelling as defined in s. 776.013 or zoned exclusively for
59 residential use commits a misdemeanor of the first degree,
60 punishable as provided in s. 775.082 or s. 775.083. This section
61 does not apply to a person lawfully defending life or property
62 or performing official duties requiring the discharge of a
63 firearm or to a person discharging a firearm on public roads or
64 properties expressly approved for hunting by the Fish and
65 Wildlife Conservation Commission or Florida Forest Service. As
66 used in this subsection, the term “dwelling” means a building or
67 conveyance of any kind, including any attached porch, whether
68 the building or conveyance is temporary or permanent, mobile or
69 immobile, which has a roof over it, including a tent, and is
70 designed to be occupied by people lodging therein at night.
71 Section 5. This act shall take effect upon becoming a law.