Florida Senate - 2017 SENATOR AMENDMENT Bill No. CS for CS for SB 1052 Ì469012xÎ469012 LEGISLATIVE ACTION Senate . House . . . Floor: 1/F/2R . 04/06/2017 03:20 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Rodriguez moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 10 - 22 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 (2) A person is justified in using or threatening to use 10 deadly force if he or she reasonably believes that using or 11 threatening to use such force is necessary to prevent imminent 12 death or great bodily harm to himself or herself or another or 13 to prevent the imminent commission of a forcible felony. A 14 person who uses or threatens to use deadly force in accordance 15 with this subsection does not have a duty to retreat and has the 16 right to stand his or her ground if the person using or 17 threatening to use the deadly force is not engaged in a criminal 18 activity, is not excluded under s. 776.041 from claiming that 19 the use or threatened use of deadly force was justified, and is 20 in a place where he or she has a right to be. 21 Section 2. Subsection (3) of section 776.013, Florida 22 Statutes, is amended to read: 23 776.013 Home protection; use or threatened use of deadly 24 force; presumption of fear of death or great bodily harm.— 25 (3) A person who isattackedin his or her dwelling, 26 residence, or vehicle has no duty to retreat and has the right 27 to stand his or her ground and use or threaten to use force, 28 including deadly force, if he or she uses or threatens to use 29 force in accordance with s. 776.012(1) or (2) or s. 776.031(1) 30 or (2), except that the condition imposed in those subsections, 31 which requires that the person using or threatening to use 32 deadly force not be engaged in a criminal activity, does not 33 apply to nonviolent misdemeanors. 34 Section 3. For the purpose of incorporating the amendments 35 made by this act to sections 776.012 and 776.013, Florida 36 Statutes, in references thereto, subsection (1) of section 37 776.032, Florida Statutes, is reenacted to read: 38 776.032 Immunity from criminal prosecution and civil action 39 for justifiable use or threatened use of force.— 40 (1) A person who uses or threatens to use force as 41 permitted in s. 776.012, s. 776.013, or s. 776.031 is justified 42 in such conduct and is immune from criminal prosecution and 43 civil action for the use or threatened use of such force by the 44 person, personal representative, or heirs of the person against 45 whom the force was used or threatened, unless the person against 46 whom force was used or threatened is a law enforcement officer, 47 as defined in s. 943.10(14), who was acting in the performance 48 of his or her official duties and the officer identified himself 49 or herself in accordance with any applicable law or the person 50 using or threatening to use force knew or reasonably should have 51 known that the person was a law enforcement officer. As used in 52 this subsection, the term “criminal prosecution” includes 53 arresting, detaining in custody, and charging or prosecuting the 54 defendant. 55 56 ================= T I T L E A M E N D M E N T ================ 57 And the title is amended as follows: 58 Delete lines 3 - 6 59 and insert: 60 s. 776.012, F.S.; providing that a person who uses or 61 threatens to use deadly force does not have a duty to 62 retreat and has the right to stand his or her ground 63 if he or she is not otherwise excluded under s. 64 776.041, F.S., from claiming that the use or 65 threatened use of deadly force was justified; amending 66 s. 776.013, F.S.; deleting a requirement that a person 67 first be attacked in his or her dwelling, residence, 68 or vehicle before using or threatening to use force; 69 providing applicability; reenacting s. 776.032(1), 70 F.S., relating to immunity from criminal prosecution 71 and civil action for justifiable use or threatened use 72 of force, to incorporate the amendments made to ss. 73 776.012 and 776.013, F.S., in references thereto; 74 providing an effective date.