Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 344
       
       
       
       
       
       
                                Ì9563369Î956336                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/07/2015           .                                
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       The Committee on Rules (Simmons) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 776.012, Florida
    6  Statutes, is amended to read:
    7         776.012 Use or threatened use of force in defense of
    8  person.—
    9         (1) A person is justified in using or threatening to use
   10  force, except deadly force, against another when and to the
   11  extent that the person reasonably believes that such conduct is
   12  necessary to defend himself or herself or another against the
   13  other’s imminent use of unlawful force. A person who uses or
   14  threatens to use force in accordance with this subsection does
   15  not have a duty to retreat before using or threatening to use
   16  such force.
   17         (2) A person is justified in using or threatening to use
   18  deadly force if he or she reasonably believes that using or
   19  threatening to use such force is necessary to prevent imminent
   20  death or great bodily harm to himself or herself or another or
   21  to prevent the imminent commission of a forcible felony. A
   22  person who is attacked and uses or threatens to use deadly force
   23  in accordance with this subsection does not have a duty to
   24  retreat and has the right to stand his or her ground if such the
   25  person using or threatening to use the deadly force is not
   26  engaged in a criminal activity and is in a place where he or she
   27  has a right to be.
   28         Section 2. Subsection (3) of section 776.013 is amended to
   29  read:
   30         776.013 Home protection; use or threatened use of deadly
   31  force; presumption of fear of death or great bodily harm.—
   32         (1) A person is presumed to have held a reasonable fear of
   33  imminent peril of death or great bodily harm to himself or
   34  herself or another when using or threatening to use defensive
   35  force that is intended or likely to cause death or great bodily
   36  harm to another if:
   37         (a) The person against whom the defensive force was used or
   38  threatened was in the process of unlawfully and forcefully
   39  entering, or had unlawfully and forcibly entered, a dwelling,
   40  residence, or occupied vehicle, or if that person had removed or
   41  was attempting to remove another against that person’s will from
   42  the dwelling, residence, or occupied vehicle; and
   43         (b) The person who uses or threatens to use defensive force
   44  knew or had reason to believe that an unlawful and forcible
   45  entry or unlawful and forcible act was occurring or had
   46  occurred.
   47         (2) The presumption set forth in subsection (1) does not
   48  apply if:
   49         (a) The person against whom the defensive force is used or
   50  threatened has the right to be in or is a lawful resident of the
   51  dwelling, residence, or vehicle, such as an owner, lessee, or
   52  titleholder, and there is not an injunction for protection from
   53  domestic violence or a written pretrial supervision order of no
   54  contact against that person; or
   55         (b) The person or persons sought to be removed is a child
   56  or grandchild, or is otherwise in the lawful custody or under
   57  the lawful guardianship of, the person against whom the
   58  defensive force is used or threatened; or
   59         (c) The person who uses or threatens to use defensive force
   60  is engaged in a criminal activity or is using the dwelling,
   61  residence, or occupied vehicle to further a criminal activity;
   62  or
   63         (d) The person against whom the defensive force is used or
   64  threatened is a law enforcement officer, as defined in s.
   65  943.10(14), who enters or attempts to enter a dwelling,
   66  residence, or vehicle in the performance of his or her official
   67  duties and the officer identified himself or herself in
   68  accordance with any applicable law or the person using or
   69  threatening to use force knew or reasonably should have known
   70  that the person entering or attempting to enter was a law
   71  enforcement officer.
   72         (3) A person who is attacked in his or her dwelling,
   73  residence, or vehicle has no duty to retreat and has the right
   74  to stand his or her ground and use or threaten to use force,
   75  including deadly force, if he or she reasonably believes that
   76  using or threatening to use such force is necessary to prevent
   77  imminent death or great bodily harm to himself or herself or
   78  another, or to prevent the commission of a forcible felony uses
   79  or threatens to use force in accordance with s. 776.012(1) or
   80  (2) or s. 776.031(1) or (2).
   81         (4) A person who unlawfully and by force enters or attempts
   82  to enter a person’s dwelling, residence, or occupied vehicle is
   83  presumed to be doing so with the intent to commit an unlawful
   84  act involving force or violence.
   85         (5) As used in this section, the term:
   86         (a) “Dwelling” means a building or conveyance of any kind,
   87  including any attached porch, whether the building or conveyance
   88  is temporary or permanent, mobile or immobile, which has a roof
   89  over it, including a tent, and is designed to be occupied by
   90  people lodging therein at night.
   91         (b) “Residence” means a dwelling in which a person resides
   92  either temporarily or permanently or is visiting as an invited
   93  guest.
   94         (c) “Vehicle” means a conveyance of any kind, whether or
   95  not motorized, which is designed to transport people or
   96  property.
   97         Section 3. Subsection (2) of section 776.031, Florida
   98  Statutes, is amended to read:
   99         776.031 Use or threatened use of force in defense of
  100  property.—
  101         (1) A person is justified in using or threatening to use
  102  force, except deadly force, against another when and to the
  103  extent that the person reasonably believes that such conduct is
  104  necessary to prevent or terminate the other’s trespass on, or
  105  other tortious or criminal interference with, either real
  106  property other than a dwelling or personal property, lawfully in
  107  his or her possession or in the possession of another who is a
  108  member of his or her immediate family or household or of a
  109  person whose property he or she has a legal duty to protect. A
  110  person who uses or threatens to use force in accordance with
  111  this subsection does not have a duty to retreat before using or
  112  threatening to use such force.
  113         (2) A person is justified in using or threatening to use
  114  deadly force only if he or she reasonably believes that such
  115  conduct is necessary to prevent the imminent commission of a
  116  forcible felony. A person who is attacked and uses or threatens
  117  to use deadly force in accordance with this subsection does not
  118  have a duty to retreat and has the right to stand his or her
  119  ground if the person using or threatening to use the deadly
  120  force is not engaged in a criminal activity and is in a place
  121  where he or she has a right to be.
  122         Section 4. Section 776.032, Florida Statutes, is amended to
  123  read:
  124         776.032 Immunity from criminal prosecution and civil action
  125  for justifiable use or threatened use of force.—
  126         (1) A person who uses or threatens to use force as
  127  permitted in s. 776.012, s. 776.013, or s. 776.031 is justified
  128  in such conduct and is immune from criminal prosecution and
  129  civil action for the use or threatened use of such force by the
  130  person, personal representative, or heirs of the person against
  131  whom the force was used or threatened, unless the person against
  132  whom force was used or threatened is a law enforcement officer,
  133  as defined in s. 943.10(14), who was acting in the performance
  134  of his or her official duties and the officer identified himself
  135  or herself in accordance with any applicable law or the person
  136  using or threatening to use force knew or reasonably should have
  137  known that the person was a law enforcement officer. As used in
  138  this subsection, the term “criminal prosecution” includes
  139  arresting, detaining in custody, and charging or prosecuting the
  140  defendant.
  141         (2) A law enforcement agency may use standard procedures
  142  for investigating the use or threatened use of force as
  143  described in subsection (1), but the agency may not arrest the
  144  person for using or threatening to use force unless it
  145  determines that there is probable cause that the force that was
  146  used or threatened was unlawful.
  147         (3) The court shall award reasonable attorney’s fees, court
  148  costs, compensation for loss of income, and all expenses
  149  incurred by the defendant in defense of any civil action brought
  150  by a plaintiff if the court finds that the defendant is immune
  151  from liability prosecution as provided in subsection (1).
  152         (4) In a criminal prosecution, once a prima facie claim of
  153  self-defense immunity from criminal prosecution has been raised
  154  by the defendant at a pre-trial immunity hearing, the burden of
  155  proof by clear and convincing evidence shall be on the party
  156  seeking to overcome the immunity from criminal prosecution
  157  provided in subsection (1).
  158         Section 5. This act shall take effect upon becoming a law.
  159  
  160  ================= T I T L E  A M E N D M E N T ================
  161  And the title is amended as follows:
  162         Delete everything before the enacting clause
  163  and insert:
  164                        A bill to be entitled                      
  165         An act relating to justifiable use or threatened use
  166         of defensive force; amending s. 776.012, F.S.;
  167         providing that a law-abiding person who is attacked
  168         has no duty to retreat and may use or threaten to use
  169         necessary force to prevent imminent death or great
  170         bodily harm to self or another, or the imminent
  171         commission of a forcible felony; amending s. 776.013,
  172         F.S; providing that a person in his or her dwelling,
  173         residence, or vehicle has no duty to retreat and may
  174         use necessary force, upon reasonable belief that such
  175         force is necessary to prevent imminent death, great
  176         bodily harm, or the imminent commission of a forcible
  177         felony; amending s. 776.031, F.S.; providing that a
  178         law-abiding person who is in a place where he or she
  179         has a right to be and who is attacked may only use or
  180         threaten to use deadly force if he or she reasonably
  181         believes it is necessary to prevent the imminent
  182         commission of a forcible felony; amending s. 776.032,
  183         F.S.; providing that once a defendant raises a prima
  184         facie claim of self-defense immunity at a pre-trial
  185         hearing, the burden is on the prosecuting authority to
  186         overcome the immunity by clear and convincing
  187         evidence; providing an effective date.