Florida Senate - 2014 SB 130 By Senator Simmons 10-00044-14 2014130__ 1 A bill to be entitled 2 An act relating to the use of deadly force; amending 3 ss. 30.60 and 166.0485, F.S.; requiring the county 4 sheriff or municipal police department to issue 5 reasonable guidelines for the operation of 6 neighborhood crime watch programs; providing that the 7 guidelines are subject to reasonable exceptions; 8 amending s. 776.032, F.S.; providing that a person who 9 is justified in using force is immune from criminal 10 prosecution and civil action initiated by the person 11 against whom the force was used; revising the 12 definition of the term “criminal prosecution”; 13 clarifying that a law enforcement agency retains the 14 right and duty to fully investigate the use of force 15 upon which an immunity may be claimed; amending s. 16 776.041, F.S.; providing that any reason, including 17 immunity, used by an aggressor to justify the use of 18 force is not available to the aggressor under 19 specified circumstances; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 30.60, Florida Statutes, is amended to 24 read: 25 30.60 Establishment of neighborhood crime watch programs.— 26 (1) A county sheriff or municipal police department may 27 establish neighborhood crime watch programs within the county or 28 municipality. The participants of a neighborhood crime watch 29 program shall include, but need not be limited to, residents of 30 the county or municipality and owners of businesses located 31 within the county or municipality. 32 (2) The county sheriff or municipal police department shall 33 issue reasonable guidelines for the operation of such programs. 34 The guidelines must include, but are not limited to, prohibiting 35 a neighborhood crime watch patrol participant, while on patrol, 36 from confronting or attempting to apprehend a person suspected 37 of improper or unlawful activity, subject, however, to those 38 circumstances in which a reasonable person would be permitted, 39 authorized, or expected to assist another person. 40 Section 2. Section 166.0485, Florida Statutes, is amended 41 to read: 42 166.0485 Establishment of neighborhood crime watch 43 programs.— 44 (1) A county sheriff or municipal police department may 45 establish neighborhood crime watch programs within the county or 46 municipality. The participants of a neighborhood crime watch 47 program shall include, but need not be limited to, residents of 48 the county or municipality and owners of businesses located 49 within the county or municipality. 50 (2) The county sheriff or municipal police department shall 51 issue reasonable guidelines for the operation of such programs. 52 The guidelines must include, but are not limited to, prohibiting 53 a neighborhood crime watch patrol participant, while on patrol, 54 from confronting or attempting to apprehend a person suspected 55 of improper or unlawful activity, subject, however, to those 56 circumstances in which a reasonable person would be permitted, 57 authorized, or expected to assist another person. 58 Section 3. Subsection (1) of section 776.032, Florida 59 Statutes, is amended to read: 60 776.032 Immunity from criminal prosecution and civil action 61 for justifiable use of force.— 62 (1) A person who uses force as permitted in s. 776.012, s. 63 776.013, or s. 776.031 is justified in using such force and is 64 immune from criminal prosecution and civil action by the person, 65 personal representative, or heirs of the person, against whom 66 force was used for the use of such force, unless the person 67 against whom force was used is a law enforcement officer, as 68 defined in s. 943.10(14), who was acting in the performance of 69 his or her official duties and the officer identified himself or 70 herself in accordance with any applicable law or the person 71 using force knew or reasonably should have known that the person 72 was a law enforcement officer. As used in this subsection, the 73 term “criminal prosecution” includes, with probable cause, 74 arresting or detaining in custody orarresting, detaining in75custody, andcharging or prosecuting the defendant. This 76 subsection does not restrict a law enforcement agency’s right 77 and duty to fully and completely investigate the use of force 78 upon which an immunity may be claimed or any event surrounding 79 such use of force. 80 Section 4. Section 776.041, Florida Statutes, is amended to 81 read: 82 776.041 Use of force by aggressor.—The justification 83 described in the preceding sections of this chapter, including, 84 but not limited to, the immunity provided for in s. 776.032, is 85 not available to a person who: 86 (1) Is attempting to commit, committing, or escaping after 87 the commission of, a forcible felony; or 88 (2) Initially provokes the use of force against himself or 89 herself, unless: 90 (a) Such force is so great that the person reasonably 91 believes that he or she is in imminent danger of death or great 92 bodily harm and that he or she has exhausted every reasonable 93 means to escape such danger other than the use of force which is 94 likely to cause death or great bodily harm to the assailant; or 95 (b) In good faith, the person withdraws from physical 96 contact with the assailant and indicates clearly to the 97 assailant that he or she desires to withdraw and terminate the 98 use of force, but the assailant continues or resumes the use of 99 force. 100 Section 5. This act shall take effect October 1, 2014.