Bill Text: FL S0344 | 2016 | Regular Session | Comm Sub
Bill Title: Justifiable Use or Threatened Use of Defensive Force
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Failed) 2016-03-11 - Died in Judiciary Committee [S0344 Detail]
Download: Florida-2016-S0344-Comm_Sub.html
Florida Senate - 2016 CS for CS for SB 344 By the Committees on Rules; and Criminal Justice; and Senators Bradley, Dean, Evers, Bean, and Simpson 595-01811-16 2016344c2 1 A bill to be entitled 2 An act relating to justifiable use or threatened use 3 of defensive force; amending s. 776.013, F.S; 4 providing that a person who is in his or her dwelling, 5 residence, or vehicle has no duty to retreat and has 6 the right to use or threaten to use force if he or she 7 reasonably believes that using or threatening to use 8 such force is necessary to prevent imminent death or 9 great bodily harm or the commission of a forcible 10 felony; amending s. 776.032, F.S.; revising the 11 requirements for the court to award certain fees and 12 costs; requiring the burden of proof by clear and 13 convincing evidence in a criminal prosecution to be on 14 the party seeking to overcome the immunity claim under 15 certain circumstances; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Subsection (3) of section 776.013 is amended to 20 read: 21 776.013 Home protection; use or threatened use of deadly 22 force; presumption of fear of death or great bodily harm.— 23 (3) A person who isattackedin his or her dwelling, 24 residence, or vehicle has no duty to retreat and has the right 25 to stand his or her ground and use or threaten to use force, 26 including deadly force, if he or she reasonably believes that 27 using or threatening to use such force is necessary to prevent 28 imminent death or great bodily harm to himself or herself or 29 another, or to prevent the commission of a forcible felonyuses30or threatens to use force in accordance with s. 776.012(1) or31(2) or s. 776.031(1) or (2). 32 Section 2. Subsection (1) of section 776.032, Florida 33 Statutes, is republished, subsection (3) of that section is 34 amended, and subsection (4) is added to that section, to read: 35 776.032 Immunity from criminal prosecution and civil action 36 for justifiable use or threatened use of force.— 37 (1) A person who uses or threatens to use force as 38 permitted in s. 776.012, s. 776.013, or s. 776.031 is justified 39 in such conduct and is immune from criminal prosecution and 40 civil action for the use or threatened use of such force by the 41 person, personal representative, or heirs of the person against 42 whom the force was used or threatened, unless the person against 43 whom force was used or threatened is a law enforcement officer, 44 as defined in s. 943.10(14), who was acting in the performance 45 of his or her official duties and the officer identified himself 46 or herself in accordance with any applicable law or the person 47 using or threatening to use force knew or reasonably should have 48 known that the person was a law enforcement officer. As used in 49 this subsection, the term “criminal prosecution” includes 50 arresting, detaining in custody, and charging or prosecuting the 51 defendant. 52 (3) The court shall award reasonable attorneyattorney’s53 fees, court costs, compensation for loss of income, and all 54 expenses incurred by the defendant in defense of any civil 55 action brought by a plaintiff if the court finds that the 56 defendant is immune from liabilityprosecutionas provided in 57 subsection (1). 58 (4) In a criminal prosecution, once a prima facie claim of 59 self-defense immunity from criminal prosecution has been raised 60 by the defendant at a pretrial immunity hearing, the burden of 61 proof by clear and convincing evidence shall be on the party 62 seeking to overcome the immunity from criminal prosecution 63 provided in subsection (1). 64 Section 3. This act shall take effect upon becoming a law.