Bill Text: FL S1052 | 2017 | Regular Session | Enrolled

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Bill Title: Justifiable Use of Force

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2017-06-12 - Chapter No. 2017-77 [S1052 Detail]

Download: Florida-2017-S1052-Enrolled.html

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       ENROLLED
       2017 Legislature            CS for CS for SB 1052, 2nd Engrossed
       
       
       
       
       
       
                                                             20171052er
    1  
    2         An act relating to justifiable use of force; amending
    3         s. 776.013, F.S.; revising the right to use or
    4         threaten force, including deadly force, when a person
    5         is in a dwelling, residence, or vehicle; authorizing a
    6         person to use or threaten to use nondeadly or deadly
    7         force in a dwelling or residence under certain
    8         circumstances; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsections (1) through (3) of section 776.013,
   13  Florida Statutes, are amended to read:
   14         776.013 Home protection; use or threatened use of deadly
   15  force; presumption of fear of death or great bodily harm.—
   16         (1) A person who is in a dwelling or residence in which the
   17  person has a right to be has no duty to retreat and has the
   18  right to stand his or her ground and use or threaten to use:
   19         (a) Nondeadly force against another when and to the extent
   20  that the person reasonably believes that such conduct is
   21  necessary to defend himself or herself or another against the
   22  other’s imminent use of unlawful force; or
   23         (b) Deadly force if he or she reasonably believes that
   24  using or threatening to use such force is necessary to prevent
   25  imminent death or great bodily harm to himself or herself or
   26  another or to prevent the imminent commission of a forcible
   27  felony.
   28         (2)(1) A person is presumed to have held a reasonable fear
   29  of imminent peril of death or great bodily harm to himself or
   30  herself or another when using or threatening to use defensive
   31  force that is intended or likely to cause death or great bodily
   32  harm to another if:
   33         (a) The person against whom the defensive force was used or
   34  threatened was in the process of unlawfully and forcefully
   35  entering, or had unlawfully and forcibly entered, a dwelling,
   36  residence, or occupied vehicle, or if that person had removed or
   37  was attempting to remove another against that person’s will from
   38  the dwelling, residence, or occupied vehicle; and
   39         (b) The person who uses or threatens to use defensive force
   40  knew or had reason to believe that an unlawful and forcible
   41  entry or unlawful and forcible act was occurring or had
   42  occurred.
   43         (3)(2) The presumption set forth in subsection (2)(1) does
   44  not apply if:
   45         (a) The person against whom the defensive force is used or
   46  threatened has the right to be in or is a lawful resident of the
   47  dwelling, residence, or vehicle, such as an owner, lessee, or
   48  titleholder, and there is not an injunction for protection from
   49  domestic violence or a written pretrial supervision order of no
   50  contact against that person; or
   51         (b) The person or persons sought to be removed is a child
   52  or grandchild, or is otherwise in the lawful custody or under
   53  the lawful guardianship of, the person against whom the
   54  defensive force is used or threatened; or
   55         (c) The person who uses or threatens to use defensive force
   56  is engaged in a criminal activity or is using the dwelling,
   57  residence, or occupied vehicle to further a criminal activity;
   58  or
   59         (d) The person against whom the defensive force is used or
   60  threatened is a law enforcement officer, as defined in s.
   61  943.10(14), who enters or attempts to enter a dwelling,
   62  residence, or vehicle in the performance of his or her official
   63  duties and the officer identified himself or herself in
   64  accordance with any applicable law or the person using or
   65  threatening to use force knew or reasonably should have known
   66  that the person entering or attempting to enter was a law
   67  enforcement officer.
   68         (3) A person who is attacked in his or her dwelling,
   69  residence, or vehicle has no duty to retreat and has the right
   70  to stand his or her ground and use or threaten to use force,
   71  including deadly force, if he or she uses or threatens to use
   72  force in accordance with s. 776.012(1) or (2) or s. 776.031(1)
   73  or (2).
   74         Section 2. This act shall take effect July 1, 2017.