Florida Senate - 2017 SENATOR AMENDMENT
Bill No. CS for CS for SB 1052
Ì947358PÎ947358
LEGISLATIVE ACTION
Senate . House
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Floor: 3/F/2R .
04/13/2017 04:39 PM .
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Senator Rodriguez moved 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 (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, and is in a place
19 where he or she has a right to be.
20 Section 2. For the purpose of incorporating the amendment
21 made by this act to section 776.012, Florida Statutes, in a
22 reference thereto, subsection (3) of section 776.013, Florida
23 Statutes, is reenacted to read:
24 776.013 Home protection; use or threatened use of deadly
25 force; presumption of fear of death or great bodily harm.—
26 (3) A person who is attacked in his or her dwelling,
27 residence, or vehicle has no duty to retreat and has the right
28 to stand his or her ground and use or threaten to use force,
29 including deadly force, if he or she uses or threatens to use
30 force in accordance with s. 776.012(1) or (2) or s. 776.031(1)
31 or (2).
32 Section 3. For the purpose of incorporating the amendment
33 made by this act to section 776.012, Florida Statutes, in a
34 reference thereto, subsection (1) of section 776.032, Florida
35 Statutes, is reenacted to read:
36 776.032 Immunity from criminal prosecution and civil action
37 for justifiable use or threatened use of force.—
38 (1) A person who uses or threatens to use force as
39 permitted in s. 776.012, s. 776.013, or s. 776.031 is justified
40 in such conduct and is immune from criminal prosecution and
41 civil action for the use or threatened use of such force by the
42 person, personal representative, or heirs of the person against
43 whom the force was used or threatened, unless the person against
44 whom force was used or threatened is a law enforcement officer,
45 as defined in s. 943.10(14), who was acting in the performance
46 of his or her official duties and the officer identified himself
47 or herself in accordance with any applicable law or the person
48 using or threatening to use force knew or reasonably should have
49 known that the person was a law enforcement officer. As used in
50 this subsection, the term “criminal prosecution” includes
51 arresting, detaining in custody, and charging or prosecuting the
52 defendant.
53 Section 4. This act shall take effect July 1, 2017.
54
55 ================= T I T L E A M E N D M E N T ================
56 And the title is amended as follows:
57 Delete everything before the enacting clause
58 and insert:
59 A bill to be entitled
60 An act relating to justifiable use of force; amending
61 s. 776.012, F.S.; providing that a person who uses or
62 threatens to use deadly force does not have a duty to
63 retreat and has the right to stand his or her ground
64 if he or she is not otherwise excluded under s.
65 776.041, F.S., from claiming that the use or
66 threatened use of deadly force was justified;
67 reenacting ss. 776.013(3) and 776.032(1), F.S.,
68 relating to use or threatened use of deadly force and
69 immunity from criminal prosecution and civil action
70 for justifiable use or threatened use of force,
71 respectively, to incorporate the amendment made to s.
72 776.012, F.S., in references thereto; providing an
73 effective date.