Bill Text: FL S0834 | 2024 | Regular Session | Introduced

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Bill Title: Citizen's Arrest

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-08 - Died in Criminal Justice [S0834 Detail]

Download: Florida-2024-S0834-Introduced.html

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       Florida Senate - 2024                                     SB 834
       
       
        
       By Senator Simon
       
       
       
       
       
       3-01680-24                                             2024834__
    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         and prohibiting, citizen’s arrests; providing
    5         exceptions; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Section 901.001, Florida Statutes, is created to
   10  read:
   11         901.001 Citizen’s arrest.—
   12         (1) It is the intent of the Legislature to abrogate any
   13  common-law remedy of citizen’s arrest. A private person who is
   14  not a law enforcement officer, as defined in s. 943.10(1), may
   15  not arrest another person for a violation of the laws of this
   16  state.
   17         (2) This section does not apply to:
   18         (a) A person who is a law enforcement officer, as defined
   19  in s. 943.10(1), who is acting outside of his or her
   20  jurisdiction. Such an officer may arrest a person who commits a
   21  felony in his or her presence or arrest a person when a felony
   22  has been committed and when the arresting officer has probable
   23  cause to believe, and does believe, that the person he or she
   24  arrested committed the felony.
   25         (b) A person who detains, without use of deadly force, a
   26  person who has illegally entered his or her dwelling, vehicle,
   27  or vessel until the arrival of a law enforcement officer.
   28         Section 2. This act shall take effect July 1, 2024.