Florida Senate - 2022 SB 1856
By Senator Pizzo
38-01731A-22 20221856__
1 A bill to be entitled
2 An act relating to citizen arrests; creating s.
3 901.001, F.S.; providing legislative intent regarding
4 the abrogation of the common law remedy of citizen’s
5 arrest; prohibiting a private person who is not a law
6 enforcement officer from arresting another person for
7 any violation of state law; providing an exception for
8 law enforcement officers acting outside of their
9 jurisdictions; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 901.001, Florida Statutes, is created to
14 read:
15 901.001 Citizen’s arrest.—
16 (1) It is the intent of the Legislature to abrogate any
17 common law remedy of citizen’s arrest. The Legislature
18 recognizes a citizen’s interest in protecting property and
19 persons, but it does not require a duty to assist or intervene.
20 (2) A private person who is not a law enforcement officer,
21 as defined in s. 943.10(1), may not arrest another person for a
22 violation of the laws of this state.
23 (3) This section does not apply to a person who is a law
24 enforcement officer, as defined in s. 943.10(1), who is acting
25 outside of his or her jurisdiction.
26 Section 2. This act shall take effect July 1, 2022.