Florida Senate - 2020                                    SB 1846
       By Senator Powell
       30-00650B-20                                          20201846__
    1                        A bill to be entitled                      
    2         An act relating to the use of deadly force in defense
    3         of a person; repealing s. 776.013, F.S., relating to
    4         home protection and the use or threatened use of
    5         deadly force, which creates a presumption of fear of
    6         death or great bodily harm in certain circumstances
    7         and provides that a person has no duty to retreat and
    8         has the right to stand his or her ground and meet
    9         force with force in certain circumstances; making
   10         conforming changes; amending ss. 776.012, 776.032, and
   11         790.15, F.S.; conforming provisions to changes made by
   12         the act; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 776.013, Florida Statutes, is repealed.
   17         Section 2. Section 776.012, Florida Statutes, is amended to
   18  read:
   19         776.012 Use or threatened use of force in defense of
   20  person.—
   21         (1) A person is justified in using or threatening to use
   22  force, except deadly force, against another when and to the
   23  extent that the person reasonably believes that such conduct is
   24  necessary to defend himself or herself or another against the
   25  other’s imminent use of unlawful force. A person who uses or
   26  threatens to use force in accordance with this subsection does
   27  not have a duty to retreat before using or threatening to use
   28  such force.
   29         (2) A person is justified in using or threatening to use
   30  deadly force if he or she reasonably believes that using or
   31  threatening to use such force is necessary to prevent imminent
   32  death or great bodily harm to himself or herself or another or
   33  to prevent the imminent commission of a forcible felony. A
   34  person who uses or threatens to use deadly force in accordance
   35  with this subsection does not have a duty to retreat and has the
   36  right to stand his or her ground if the person using or
   37  threatening to use the deadly force is not engaged in a criminal
   38  activity and is in a place where he or she has a right to be.
   39         Section 3. Subsection (1) of section 776.032, Florida
   40  Statutes, is amended to read:
   41         776.032 Immunity from criminal prosecution and civil action
   42  for justifiable use or threatened use of force.—
   43         (1) A person who uses or threatens to use force as
   44  permitted in s. 776.012, s. 776.013, or s. 776.031 is justified
   45  in such conduct and is immune from criminal prosecution and
   46  civil action for the use or threatened use of such force by the
   47  person, personal representative, or heirs of the person against
   48  whom the force was used or threatened, unless the person against
   49  whom force was used or threatened is a law enforcement officer,
   50  as defined in s. 943.10(14), who was acting in the performance
   51  of his or her official duties and the officer identified himself
   52  or herself in accordance with any applicable law or the person
   53  using or threatening to use force knew or reasonably should have
   54  known that the person was a law enforcement officer. As used in
   55  this subsection, the term “criminal prosecution” includes
   56  arresting, detaining in custody, and charging or prosecuting the
   57  defendant.
   58         Section 4. Subsection (1) of section 790.15, Florida
   59  Statutes, is amended, and subsection (5) is added to that
   60  section, to read:
   61         790.15 Discharging firearm in public or on residential
   62  property.—
   63         (1) Except as provided in subsection (2) or subsection (3),
   64  any person who knowingly discharges a firearm in any public
   65  place or on the right-of-way of any paved public road, highway,
   66  or street, who knowingly discharges any firearm over the right
   67  of-way of any paved public road, highway, or street or over any
   68  occupied premises, or who recklessly or negligently discharges a
   69  firearm outdoors on any property used primarily as the site of a
   70  dwelling as defined in s. 776.013 or zoned exclusively for
   71  residential use commits a misdemeanor of the first degree,
   72  punishable as provided in s. 775.082 or s. 775.083. This section
   73  does not apply to a person lawfully defending life or property
   74  or performing official duties requiring the discharge of a
   75  firearm or to a person discharging a firearm on public roads or
   76  properties expressly approved for hunting by the Fish and
   77  Wildlife Conservation Commission or Florida Forest Service.
   78         (5)As used in this section, the term “dwelling” means a
   79  building or conveyance of any kind, including any attached
   80  porch, whether the building or conveyance is temporary or
   81  permanent, mobile or immobile, which has a roof over it,
   82  including a tent, and is designed to be occupied by people
   83  lodging therein at night.
   84         Section 5. This act shall take effect upon becoming a law.