Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 448
       
       
       
       
       
       
                                Ì480342|Î480342                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/20/2014 02:59 PM       .                                
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    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 74 - 355
    4  and insert:
    5         Section 2. Subsection (6) is added to section 775.087,
    6  Florida Statutes, to read:
    7         775.087 Possession or use of weapon; aggravated battery;
    8  felony reclassification; minimum sentence.—
    9         (6) Notwithstanding s. 27.366, the sentencing court shall
   10  not impose the mandatory minimum sentence required by
   11  subsections (2) or (3) for a conviction for aggravated assault
   12  if the court makes written findings that:
   13         (a) The defendant had a good faith belief that the
   14  aggravated assault was justifiable pursuant to ch. 776;
   15         (b) The aggravated assault was not committed in the course
   16  of committing another criminal offense;
   17         (c) The defendant does not pose a threat to public safety;
   18  and
   19         (d) The totality of the circumstances involved in the
   20  offense do not justify the imposition of such sentence.
   21         Section 3. Section 776.012, Florida Statutes, is amended to
   22  read:
   23         776.012 Use or threatened use of force in defense of
   24  person.—
   25         (1) A person is justified in using or threatening to use
   26  force, except deadly force, against another when and to the
   27  extent that the person reasonably believes that such conduct is
   28  necessary to defend himself or herself or another against the
   29  other’s imminent use of unlawful force. A person who uses or
   30  threatens to use force in accordance with this subsection does
   31  not have a duty to retreat before using or threatening to use
   32  such force. However,
   33         (2) A person is justified in using or threatening to use
   34  the use of deadly force and does not have a duty to retreat if:
   35         (1) he or she reasonably believes that using or threatening
   36  to use such force is necessary to prevent imminent death or
   37  great bodily harm to himself or herself or another or to prevent
   38  the imminent commission of a forcible felony; or
   39         (2) Under those circumstances permitted pursuant to s.
   40  776.013. A person who uses or threatens to use deadly force in
   41  accordance with this subsection does not have a duty to retreat
   42  and has the right to stand his or her ground if the person using
   43  or threatening to use the deadly force is not engaged in a
   44  criminal activity and is in a place where he or she has a right
   45  to be.
   46         Section 4. Subsections (1), (2), and (3) of section
   47  776.013, Florida Statutes, are amended to read:
   48         776.013 Home protection; use or threatened use of deadly
   49  force; presumption of fear of death or great bodily harm.—
   50         (1) A person is presumed to have held a reasonable fear of
   51  imminent peril of death or great bodily harm to himself or
   52  herself or another when using or threatening to use defensive
   53  force that is intended or likely to cause death or great bodily
   54  harm to another if:
   55         (a) The person against whom the defensive force was used or
   56  threatened was in the process of unlawfully and forcefully
   57  entering, or had unlawfully and forcibly entered, a dwelling,
   58  residence, or occupied vehicle, or if that person had removed or
   59  was attempting to remove another against that person’s will from
   60  the dwelling, residence, or occupied vehicle; and
   61         (b) The person who uses or threatens to use defensive force
   62  knew or had reason to believe that an unlawful and forcible
   63  entry or unlawful and forcible act was occurring or had
   64  occurred.
   65         (2) The presumption set forth in subsection (1) does not
   66  apply if:
   67         (a) The person against whom the defensive force is used or
   68  threatened has the right to be in or is a lawful resident of the
   69  dwelling, residence, or vehicle, such as an owner, lessee, or
   70  titleholder, and there is not an injunction for protection from
   71  domestic violence or a written pretrial supervision order of no
   72  contact against that person; or
   73         (b) The person or persons sought to be removed is a child
   74  or grandchild, or is otherwise in the lawful custody or under
   75  the lawful guardianship of, the person against whom the
   76  defensive force is used or threatened; or
   77         (c) The person who uses or threatens to use defensive force
   78  is engaged in a criminal an unlawful activity or is using the
   79  dwelling, residence, or occupied vehicle to further a criminal
   80  an unlawful activity; or
   81         (d) The person against whom the defensive force is used or
   82  threatened is a law enforcement officer, as defined in s.
   83  943.10(14), who enters or attempts to enter a dwelling,
   84  residence, or vehicle in the performance of his or her official
   85  duties and the officer identified himself or herself in
   86  accordance with any applicable law or the person using or
   87  threatening to use force knew or reasonably should have known
   88  that the person entering or attempting to enter was a law
   89  enforcement officer.
   90         (3) A person who is not engaged in an unlawful activity and
   91  who is attacked in his or her dwelling, residence, or vehicle in
   92  any other place where he or she has a right to be has no duty to
   93  retreat and has the right to stand his or her ground and use or
   94  threaten to use force meet force with force, including deadly
   95  force, if he or she uses or threatens to use force in accordance
   96  with s. 776.012(1) or (2) or s. 776.031(1) or (2) reasonably
   97  believes it is necessary to do so to prevent death or great
   98  bodily harm to himself or herself or another or to prevent the
   99  commission of a forcible felony.
  100         Section 5. Section 776.031, Florida Statutes, is amended to
  101  read:
  102         776.031 Use or threatened use of force in defense of
  103  property others.—
  104         (1) A person is justified in using or threatening to use
  105  the use of force, except deadly force, against another when and
  106  to the extent that the person reasonably believes that such
  107  conduct is necessary to prevent or terminate the other’s
  108  trespass on, or other tortious or criminal interference with,
  109  either real property other than a dwelling or personal property,
  110  lawfully in his or her possession or in the possession of
  111  another who is a member of his or her immediate family or
  112  household or of a person whose property he or she has a legal
  113  duty to protect. A person who uses or threatens to use force in
  114  accordance with this subsection does not have a duty to retreat
  115  before using or threatening to use such force. However, the
  116         (2) A person is justified in using or threatening to use
  117  the use of deadly force only if he or she reasonably believes
  118  that such conduct force is necessary to prevent the imminent
  119  commission of a forcible felony. A person does not have a duty
  120  to retreat if the person is in a place where he or she has a
  121  right to be. A person who uses or threatens to use deadly force
  122  in accordance with this subsection does not have a duty to
  123  retreat and has the right to stand his or her ground if the
  124  person using or threatening to use the deadly force is not
  125  engaged in a criminal activity and is in a place where he or she
  126  has a right to be.
  127         Section 6. Subsections (1) and (2) of section 776.032,
  128  Florida Statutes, are amended to read:
  129         776.032 Immunity from criminal prosecution and civil action
  130  for justifiable use or threatened use of force.—
  131         (1) A person who uses or threatens to use force as
  132  permitted in s. 776.012, s. 776.013, or s. 776.031 is justified
  133  in using such conduct force and is immune from criminal
  134  prosecution and civil action for the use or threatened use of
  135  such force by the person, personal representative, or heirs of
  136  the person against whom the force was used or threatened, unless
  137  the person against whom force was used or threatened is a law
  138  enforcement officer, as defined in s. 943.10(14), who was acting
  139  in the performance of his or her official duties and the officer
  140  identified himself or herself in accordance with any applicable
  141  law or the person using or threatening to use force knew or
  142  reasonably should have known that the person was a law
  143  enforcement officer. As used in this subsection, the term
  144  “criminal prosecution” includes arresting, detaining in custody,
  145  and charging or prosecuting the defendant.
  146         (2) A law enforcement agency may use standard procedures
  147  for investigating the use or threatened use of force as
  148  described in subsection (1), but the agency may not arrest the
  149  person for using or threatening to use force unless it
  150  determines that there is probable cause that the force that was
  151  used or threatened was unlawful.
  152         Section 7. Subsection (2) of section 776.041, Florida
  153  Statutes, is amended to read:
  154         776.041 Use or threatened use of force by aggressor.—The
  155  justification described in the preceding sections of this
  156  chapter is not available to a person who:
  157         (2) Initially provokes the use or threatened use of force
  158  against himself or herself, unless:
  159         (a) Such force or threat of force is so great that the
  160  person reasonably believes that he or she is in imminent danger
  161  of death or great bodily harm and that he or she has exhausted
  162  every reasonable means to escape such danger other than the use
  163  or threatened use of force which is likely to cause death or
  164  great bodily harm to the assailant; or
  165         (b) In good faith, the person withdraws from physical
  166  contact with the assailant and indicates clearly to the
  167  assailant that he or she desires to withdraw and terminate the
  168  use or threatened use of force, but the assailant continues or
  169  resumes the use or threatened use of force.
  170         Section 8. Subsection (1) of section 776.051, Florida
  171  Statutes, is amended to read:
  172         776.051 Use or threatened use of force in resisting arrest
  173  or making an arrest or in the execution of a legal duty;
  174  prohibition.—
  175         (1) A person is not justified in the use or threatened use
  176  of force to resist an arrest by a law enforcement officer, or to
  177  resist a law enforcement officer who is engaged in the execution
  178  of a legal duty, if the law enforcement officer was acting in
  179  good faith and he or she is known, or reasonably appears, to be
  180  a law enforcement officer.
  181         Section 9. Subsection (1) of section 776.06, Florida
  182  Statutes, is amended to read:
  183         776.06 Deadly force by a law enforcement or correctional
  184  officer.—
  185         (1) As applied to a law enforcement officer or correctional
  186  officer acting in the performance of his or her official duties,
  187  the term “deadly force” means force that is likely to cause
  188  death or great bodily harm and includes, but is not limited to:
  189         (a) The firing of a firearm in the direction of the person
  190  to be arrested, even though no intent exists to kill or inflict
  191  great bodily harm; and
  192         (b) The firing of a firearm at a vehicle in which the
  193  person to be arrested is riding.
  194  
  195  
  196  ================= T I T L E  A M E N D M E N T ================
  197  And the title is amended as follows:
  198         Delete lines 4 - 24
  199  and insert:
  200         775.087, F.S.; prohibiting the court from imposing
  201         certain mandatory minimum sentences if the court makes
  202         specified written findings; amending s. 776.012, F.S.;
  203         applying provisions relating to the use of force in
  204         defense of persons to the threatened use of force;
  205         providing that a person who lawfully uses or threatens
  206         to use nondeadly force does not have a duty to
  207         retreat; providing that a person who lawfully uses or
  208         threatens to use deadly force does not have a duty to
  209         retreat if the person using or threatening the deadly
  210         force is not engaged in a criminal activity and is in
  211         a place where he or she has a right to be; amending s.
  212         776.013, F.S.; applying presumption relating to the
  213         use of deadly force to the threatened use of deadly
  214         force in the defense of a residence and similar
  215         circumstances; applying provisions relating to such
  216         use of force to the threatened use of force; removing
  217         provisions relating to one’s duty to retreat prior to
  218         using force; amending s. 776.031, F.S.; applying
  219         provisions relating to the use of force in defense of
  220         property to the threatened use of force; providing
  221         that a person who lawfully uses or threatens to use
  222         nondeadly force does not have a duty to retreat;
  223         providing that a person who lawfully uses or threatens
  224         to use deadly force does not have a duty to retreat if
  225         the person using or threatening the deadly force is
  226         not engaged in a criminal activity and is in a place
  227         where he or she has a right to be; amending s.
  228         776.032, F.S.; applying immunity provisions that
  229         relate to the use of force to the threatened use of
  230         force; limiting immunity provisions to civil actions
  231         by the person, personal representative, or heirs of
  232         the person against whom force was used; amending s.
  233         776.041, F.S.; applying provisions relating to the use
  234         of force by an aggressor to the threatened use of
  235         force; providing exceptions; amending s. 776.051,
  236         F.S.; providing that a person is not justified in the
  237         threatened use of force to resist an arrest by a law
  238         enforcement officer; amending s. 776.06, F.S.,
  239         clarifying that the statute relates to use of force by
  240         a law enforcement or correctional officer; creating s.
  241         776.09, F.S.;
  242