Florida Senate - 2023                                     SB 812
       
       
        
       By Senator Simon
       
       
       
       
       
       3-01159-23                                             2023812__
    1                        A bill to be entitled                      
    2         An act relating to citizen’s arrest; creating s.
    3         901.001, F.S.; abrogating the common-law remedy of
    4         citizen’s arrest; prohibiting a private person who is
    5         not a law enforcement officer from arresting another
    6         person; providing exceptions; providing an effective
    7         date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 901.001, Florida Statutes, is created to
   12  read:
   13         901.001 Citizen’s arrest.—
   14         (1) It is the intent of the Legislature to abrogate any
   15  common-law remedy of citizen’s arrest. A private person who is
   16  not a law enforcement officer as defined in s. 943.10(1) may not
   17  arrest another person for a violation of the laws of this state.
   18         (2) This section does not apply to:
   19         (a) A person who is a law enforcement officer as defined in
   20  s. 943.10(1) who is acting outside of his or her jurisdiction.
   21  Such an officer may arrest a person who commits a felony in his
   22  or her presence or arrest a person when a felony has been
   23  committed and when the arresting officer has probable cause to
   24  believe, and does believe, that the person arrested committed
   25  the felony.
   26         (b) A person who detains, without use of deadly force, a
   27  person who has illegally entered his or her dwelling, vehicle,
   28  or vessel until the arrival of a law enforcement officer.
   29         Section 2. This act shall take effect July 1, 2023.