Florida Senate - 2020 SB By Senator Powell 30-00650B-20 20201846__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to the use of deadly force in defense of a person; repealing s. 776.013, F.S., relating to home protection and the use or threatened use of deadly force, which creates a presumption of fear of death or great bodily harm in certain circumstances and provides that a person has no duty to retreat and has the right to stand his or her ground and meet force with force in certain circumstances; making conforming changes; amending ss. 776.012, 776.032, and 10 790.15, F.S.; conforming provisions to changes made by the act; providing an effective date. 12

Be It Enacted by the Legislature of the State of Florida: 14

Section

Section 776.013, Florida Statutes, is repealed. 16

Section

Section 776.012, Florida Statutes, is amended to read: 18 776.012 Use or threatened use of force in defense of person.— 20

(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. 28

(2) A person is justified in using or threatening to use Florida Senate - 2020 SB 1846 30-00650B-20 20201846__ CODING: Words stricken are deletions; words underlined are additions. deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.

A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be. 38

Section 3. Subsection (1) of

section 776.032, Florida Statutes, is amended to read: 40 776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force.— 42

(1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, 49 as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer.

As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant. 57

Section 4. Subsection (1) of

section 790.15, Florida Florida Senate - 2020 SB 1846 30-00650B-20 20201846__ CODING: Words stricken are deletions; words underlined are additions. Statutes, is amended, and subsection (5) is added to that section, to read: 60 790.15 Discharging firearm in public or on residential property.— 62

(1) Except as provided in subsection (2) or subsection (3), 63 any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, 65 or street, who knowingly discharges any firearm over the right-66 of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree, 71 punishable as provided in s. 775.082 or s. 775.083. This

section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service. 77

(5) As used in this section, the term “dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, 81 including a tent, and is designed to be occupied by people lodging therein at night. 83

Section 5. This act shall take effect upon becoming a law. 84