Bill Text: FL S0122 | 2014 | Regular Session | Introduced
Bill Title: Self-defense
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-03-04 - Introduced [S0122 Detail]
Download: Florida-2014-S0122-Introduced.html
Florida Senate - 2014 SB 122 By Senator Smith 31-00089A-14 2014122__ 1 A bill to be entitled 2 An act relating to self-defense; amending ss. 30.60 3 and 166.0485, F.S.; requiring the county sheriff or 4 municipal police to issue reasonable guidelines for 5 the operation of a neighborhood crime watch program; 6 requiring the guidelines to include certain specified 7 conditions; amending s. 776.031, F.S.; authorizing a 8 person to use force, except deadly force in the 9 defense of property; authorizing a person to use 10 deadly force in the defense of property to prevent the 11 imminent commission of a forcible felony; amending s. 12 776.032, F.S.; providing that a person who uses force 13 is immune from civil action brought by the person or 14 persons against whom the force is used; revising the 15 definition of the term “criminal prosecution” with 16 regard to immunity from criminal prosecution and civil 17 action; providing that a law enforcement agency’s 18 right and duty to fully investigate the use of force 19 upon which the claim of immunity is based is not 20 restricted; deleting a provision that prohibits a law 21 enforcement agency from arresting a person for using 22 force unless probable cause is found that the force 23 used was unlawful; authorizing, rather than requiring, 24 the court to award attorney fees, court costs, and 25 other expenses to a defendant who used force under 26 certain circumstances; providing that the court may 27 apply comparative fault to award damages, attorney 28 fees, court costs, and expenses to the prevailing 29 party in certain circumstances; amending s. 776.041, 30 F.S.; revising the circumstances under which the 31 defense of justifiable use of force is unavailable to 32 an aggressor; establishing a burden of proof for an 33 aggressor who uses deadly force and specifying the 34 criteria that must be met in satisfying that burden; 35 creating s. 776.09, F.S.; providing legislative 36 findings; directing the Department of Law Enforcement 37 to collect, process, maintain, and disseminate 38 information and data on all incidents concerning the 39 alleged justifiable use of force in this state; 40 requiring the department to annually report to the 41 Legislature the information and data in a format and 42 manner determined by the Legislature; requiring each 43 law enforcement agency within the state to report 44 monthly to the department all incidents and cases in 45 which a claim regarding the justifiable use of force 46 is raised; providing an effective date. 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1. Section 30.60, Florida Statutes, is amended to 51 read: 52 30.60 Establishment of neighborhood crime watch programs.— 53 (1) A county sheriff or municipal police department may 54 establish neighborhood crime watch programs within the county or 55 municipality. The participants of a neighborhood crime watch 56 program shall include, but need not be limited to, residents of 57 the county or municipality and owners of businesses located 58 within the county or municipality. 59 (2) The county sheriff or municipal police department shall 60 issue reasonable guidelines for the operation of such programs. 61 The guidelines must include, but need not be limited to, 62 prohibiting a neighborhood crime watch patrol participant who is 63 on patrol from confronting or attempting to apprehend a person 64 suspected of improper or unlawful activity except in those 65 circumstances in which a reasonable person would be permitted, 66 authorized, or expected to assist another person. 67 Section 2. Section 166.0485, Florida Statutes, is amended 68 to read: 69 166.0485 Establishment of neighborhood crime watch 70 programs.— 71 (1) A county sheriff or municipal police department may 72 establish neighborhood crime watch programs within the county or 73 municipality. The participants of a neighborhood crime watch 74 program shall include, but need not be limited to, residents of 75 the county or municipality and owners of businesses located 76 within the county or municipality. 77 (2) The county sheriff or municipal police department shall 78 issue reasonable guidelines for the operation of such programs. 79 The guidelines must include, but need not be limited to, 80 prohibiting a neighborhood crime watch patrol participant who is 81 on patrol from confronting or attempting to apprehend a person 82 suspected of improper or unlawful activity except in those 83 circumstances in which a reasonable person would be permitted, 84 authorized, or expected to assist another person. 85 Section 3. Section 776.031, Florida Statutes, is amended to 86 read: 87 776.031 Use of force in defense of propertyothers; 88 prevention of forcible felony.—A person is justified in the use 89 of force, except deadly force, against another when and to the 90 extent that the person reasonably believes that such conduct is 91 necessary to prevent or terminate the other’s trespass on, or 92 other tortious or criminal interference with, either real 93 property other than a dwelling or personal property, lawfully in 94 his or her possession or in the possession of another who is a 95 member of his or her immediate family or household or of a 96 person whose property he or she has a legal duty to protect. 97 However, the person is justified in the use of deadly force only 98 if he or she reasonably believes that such force is necessary to 99 prevent the imminent commission of a forcible felony. A person 100 does not have a duty to retreat if the person is in a place 101 where he or she has a right to be. 102 Section 4. Section 776.032, Florida Statutes, is amended to 103 read: 104 776.032 Immunity from criminal prosecution and civil action 105 for justifiable use of force.— 106 (1) A person who uses force as permitted in s. 776.012, s. 107 776.013, or s. 776.031 is justified in using such force and is 108 immune from criminal prosecution and civil action by the person, 109 personal representative, or heirs of the person, against whom 110 force was used for the use of such force, unless the person 111 against whom force was used is a law enforcement officer, as 112 defined in s. 943.10(14), who was acting in the performance of 113 his or her official duties and the officer identified himself or 114 herself in accordance with any applicable law or the person 115 using force knew or reasonably should have known that the person 116 was a law enforcement officer. As used in this subsection, the 117 term “criminal prosecution” meansincludes arresting, detaining118in custody, andcharging or prosecuting the defendant. This 119 subsection does not restrict a law enforcement agency’s right 120 and duty to fully and completely investigate the use of force 121 upon which an immunity may be claimed or any event surrounding 122 such use of force. 123 (2) A law enforcement agency shallmayuse standard 124 procedures for investigating the use of force as described in 125 subsection (1), but the agency may not arrest the person for126using force unless it determines that there is probable cause127that the force that was used was unlawful. 128 (3) The court mayshallaward reasonable attorney 129attorney’sfees, court costs, compensation for loss of income, 130 and all expenses incurred by the defendant in defense of any 131 civil action brought by a plaintiff if the court finds that the 132 defendant is immune from prosecution as provided in subsection 133 (1). If the defendant is not immune from prosecution or civil 134 action, the court may apply comparative fault to award damages, 135 attorney fees, court costs, and expenses to the prevailing 136 party. 137 Section 5. Section 776.041, Florida Statutes, is amended to 138 read: 139 776.041 Use of force by aggressor.—The justification 140 described in the preceding sections of this chapter, including, 141 but not limited to, the immunity established under s. 776.032, 142 is not available to a person who: 143 (1)(a) Is attempting to commit, is committing, or is 144 escaping after the commission of, a forcible felony;or145 (b)(2)Initially provokes the use of force against himself 146 or herself;, unless:147(a) Such force is so great that the person reasonably148believes that he or she is in imminent danger of death or great149bodily harm and that he or she has exhausted every reasonable150means to escape such danger other than the use of force which is151likely to cause death or great bodily harm to the assailant; or152(b) In good faith, the person withdraws from physical153contact with the assailant and indicates clearly to the154assailant that he or she desires to withdraw and terminate the155use of force, but the assailant continues or resumes the use of156force.157 (c) Leaves a place of safety to place himself or herself in 158 proximity to a situation likely to result in a use of force; or 159 (d) Pursues an alleged trespasser or assailant after the 160 alleged trespasser or assailant has withdrawn or when the 161 incident that gave rise to a previous confrontation has ended. 162 (2) An aggressor who uses deadly force bears the burden of 163 proof to establish that: 164 (a) He or she used every reasonable means within his or her 165 power and consistent with his or her own safety to avoid the 166 danger before resorting to the use of force; 167 (b) The use of force was reasonably necessary to avoid 168 death or great bodily harm to himself or herself; and 169 (c) He or she took steps to avoid the necessity of taking a 170 human life. 171 (3) For purposes of this section, the force used must be 172 reasonable, considering all of the circumstances, and the 173 permitted use of force implies no license for the initiation of 174 a confrontation or an unreasonable escalation of a confrontation 175 in progress. 176 (4) In a civil action involving an aggressor, the court may 177 apply comparative fault in awarding damages to the prevailing 178 party. 179 Section 6. Section 776.09, Florida Statutes, is created to 180 read: 181 776.09 Statewide system for reporting, tracking, and 182 disseminating information regarding self-defense claims and 183 claim resolution.— 184 (1) The Legislature finds that transparency regarding the 185 outcomes of investigations into claims regarding the justifiable 186 use of force is vital to the integrity of this state’s law 187 enforcement function and to the public’s understanding of 188 incidents and cases involving any alleged justifiable use of 189 force. Therefore, it is in the best interest of the residents of 190 this state to establish a statewide database to track all 191 justifiable use of force claims made in this state, including 192 decisions on whether to arrest or prosecute persons who claim to 193 have justifiably used force as permitted in this chapter and the 194 reasons for the decisions. 195 (2) The Department of Law Enforcement shall collect, 196 process, maintain, and disseminate information and data on all 197 incidents in this state in which justifiable use of force is 198 alleged. The department shall annually report to the Legislature 199 the information and data in a format and manner determined by 200 the Legislature. 201 (3) Each law enforcement agency within the state shall 202 report monthly to the department all incidents and cases in 203 which a claim regarding the justifiable use of force is raised, 204 from the time an initial claim is raised through the full 205 resolution of the claim or case. 206 Section 7. This act shall take effect July 1, 2014.