Bill Text: FL S0116 | 2014 | Regular Session | Introduced

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Bill Title: Use of Deadly Force in Defense of a Person

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2014-05-02 - Died in Judiciary [S0116 Detail]

Download: Florida-2014-S0116-Introduced.html

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       Florida Senate - 2014                                     SB 116
       
       
        
       By Senator Thompson
       
       
       
       
       
       12-00104-14                                            2014116__
    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 of deadly force, which
    5         created a presumption of fear of death or great bodily
    6         harm in certain circumstances and provided that a
    7         person has no duty to retreat and has the right to
    8         stand his or her ground and meet force with force in
    9         certain circumstances; amending ss. 776.012, 776.032,
   10         and 790.15, F.S.; conforming provisions; defining the
   11         term “dwelling”; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 776.013, Florida Statutes, is repealed.
   16         Section 2. Section 776.012, Florida Statutes, is amended to
   17  read:
   18         776.012 Use of force in defense of person.—A person is
   19  justified in using force, except deadly force, against another
   20  when and to the extent that the person reasonably believes that
   21  such conduct is necessary to defend himself or herself or
   22  another against the other’s imminent use of unlawful force.
   23  However, a person is justified in the use of deadly force and
   24  does not have a duty to retreat if:
   25         (1) he or she reasonably believes that such force is
   26  necessary to prevent imminent death or great bodily harm to
   27  himself or herself or another or to prevent the imminent
   28  commission of a forcible felony; or
   29         (2) Under those circumstances permitted pursuant to s.
   30  776.013.
   31         Section 3. Subsection (1) of section 776.032, Florida
   32  Statutes, is amended to read:
   33         776.032 Immunity from criminal prosecution and civil action
   34  for justifiable use of force.—
   35         (1) A person who uses force as permitted in s. 776.012, s.
   36  776.013, or s. 776.031 is justified in using such force and is
   37  immune from criminal prosecution and civil action for the use of
   38  such force, unless the person against whom force was used is a
   39  law enforcement officer, as defined in s. 943.10(14), who was
   40  acting in the performance of his or her official duties and the
   41  officer identified himself or herself in accordance with any
   42  applicable law or the person using force knew or reasonably
   43  should have known that the person was a law enforcement officer.
   44  As used in this subsection, the term “criminal prosecution”
   45  includes arresting, detaining in custody, and charging or
   46  prosecuting the defendant.
   47         Section 4. Subsection (1) of section 790.15, Florida
   48  Statutes, is amended to read:
   49         790.15 Discharging firearm in public or on residential
   50  property.—
   51         (1) Except as provided in subsection (2) or subsection (3),
   52  any person who knowingly discharges a firearm in any public
   53  place or on the right-of-way of any paved public road, highway,
   54  or street, who knowingly discharges any firearm over the right
   55  of-way of any paved public road, highway, or street or over any
   56  occupied premises, or who recklessly or negligently discharges a
   57  firearm outdoors on any property used primarily as the site of a
   58  dwelling as defined in s. 776.013 or zoned exclusively for
   59  residential use commits a misdemeanor of the first degree,
   60  punishable as provided in s. 775.082 or s. 775.083. This section
   61  does not apply to a person lawfully defending life or property
   62  or performing official duties requiring the discharge of a
   63  firearm or to a person discharging a firearm on public roads or
   64  properties expressly approved for hunting by the Fish and
   65  Wildlife Conservation Commission or Florida Forest Service. As
   66  used in this subsection, the term “dwelling” means a building or
   67  conveyance of any kind, including any attached porch, whether
   68  the building or conveyance is temporary or permanent, mobile or
   69  immobile, which has a roof over it, including a tent, and is
   70  designed to be occupied by people lodging therein at night.
   71         Section 5. This act shall take effect upon becoming a law.