Clarke, Valerie From: MPHammer1@aoLcom Sent: Thursday, April 21, 2016 8:00 AM To: MPHammer1@aol.com Subject: Florida Alert: End of Session - Read This To Get The Truth! DATE: April 20, 2016 TO: USE & NRA Members and Friends FROM: Marion P. Hammer USF Executive Director NRA Past President Below is a link to USF's end of the legislative session newsletter, the Florida Firing Line. It contains the following articles: (1) We have met the Enemy: We Elected Them! (2) The Good News (3) Enemies of the Second Amendment & Self-defense (4) It's Hard to Believe Sen. Miguel Diaz de la Portilla Because He Has a Hard Time Telling the Truth (5) Florida Sheriffs Association Removes All Doubt-They Are Anti-Gun (6) Upcoming Elections are Critical to The Second Amendment (7) 2016 Roll Call Votes on Gun Bills (8) End of Session Report For 2016 (Fate of Gun Bills) Go to this link to read the entire newsletter: http://shared.nrapvf.org/sharedmedia/1508692/usf-newsletter-aprii-2016.pdf , the Social Security Administration (SSA) is currently developing a program to strip the Second Amendment Rights of over four million Americans currently receiving SSA benefits through a "representative payee." Not only would this amount to the largest gun grab in American history, but according to the pubfished report, would take place without any due process protections i Clarke, Valerie maiirai T——ggggir i ii ii in in ir n 'i From: Sent: To: Subject: Attachments: MPHammerl ©aol.com Friday, April 10, 2015 1:02 PM Simmons, David H, JiUDOS to you Sen. Simmons Fwd: FL Sen. Pres. blames Sen. Diaz de la Portilia 3m 0\^v\(ym.^onm ca.^ You deserve much recognition from the progun crowd for your support of Second Amendment issues. Anything you can do to help me get this bill to the floor for a vote would be most sincerely appreciated. Marion Hernandez, Lorraine From: Florida Carry Inc. Sent: To: Subject: Friday, April 10, 2015 9:25 AM mphammerl@aol.com FL Sen. Pres. blames Sen, Diaz de la Portilla for Failure to Agenda Campus Carry Bill Having trouble viewing this email? Click here HLfe FLORIDA CARRY Protecting FfprldiamF Right to Keep and Hear Arms Fferlda Carry ALERT: Florida Senate President Andy Gardiner pushes blame to Judiciary Chair Diaz de la Portilla Quick Links Website Join Us About Us Contact Us Senate Judiciary Committee Chair Senator Miguel Diaz de la Portilla now clearly free to put Campus Carry on Agenda - But Stonewalling. Senate President Andy Gardiner has now publicly given the Donate "green light" to committee hearings on the Campus Carry News Bill (SB 176) despite his failing to endorse the legislation, But Committee Chairman Senator Diaz de la Portilla is still blocking the bill from coming up in the Senate Judiciary Litigation Events Stay Connected HO Join Our Mailing List I Committee, where he seems to be the only Republican who opposes it. How do we know that? Republican Senators Lizabeth Benacquisto, Jeff Brandes, David Simmons and Kelli Stargel have already voted in support of the bill in previous committees. We know Sen, Aaron Bean and Let your Amazon shopping support Florida Carry's work Just click: Give2A.com Wilton Simpson support the bill. That leaves Senator Diaz de la Portilla and 3 Democrats who oppose the rights of concealed carriers to defend themselves on campus. So, is it Sen. Diaz de la Portilla and President Andy Gardiner who oppose your rights? Or is it Sen. Diaz de la Portilla and the Democrats? i In addition. Senators Rob Bradley, Greg Evers, Don Gaetz, John Legg, Joe Negron have all voted in favor of Campus Carry in previous committees. Which remaining Republicans don't want to vote to support the constitutional rights of 1.3 million law-abiding license holders in this state? When bills are filed every year, we always know to expect opposition from legislative leaders when the bill is assigned to more than three committees. Additional committee assigmnents makes it easy to run "out the clock" and keep a bill from getting to a Floor vote. Senate President Andy Gardiner assigned the Campus Carry Bill (SB 176) to four committees. Please IMMEDIATELY contact Senators Diaz de la Portilla and Gardiner, Tell them that we deserve an up or down vote on Campus Carry! As always, please be respectful but stern in your communications to the Senator. We know that may be difficult but please try. Senate President Andy Gardiner: aardiner. andy. web @fl senate. gov https://www.facebook.eom/Gardine.r.Andv Tallahassee Office (850) 487-5013 Senator Miguel Diaz de la Portilla; nortil la.mi guef. web@flsenate. gov Tallahassee Office (850) 487-5040 Join or Donate Today! We need your help! Florida self-defense laws are under unprecedented attack. Florida Carry is fighting back hard in local government, the courts, and the state legislature but cash and volunteer action is necessary to support this important work. Please donate or 2 Join Tocfay. -v*» lllill Florida Carry, Inc. is a non-profit, non-partisan, grassroots organization dedicated to advancing the ;fundamental. rights of alj. FlondiansJo.keep and bear.anris for self-defense as guaranteed-by the Second Amendment.tQ: He.;Uqited .States Qonstltutipn and.Articip J, Sections 2 and 8 of the Florida Constitution. Floridai.Cariy-stands to represent our supporters,' members, and millions of defensive arms owners of Florida. We are-not beholden to any national organization's.agenda that may compromise thai mission. Florida.Carry.works tirelessfy tovyard striking down ill-conceived gun and weapons control laws that have been proven to provide safe .havens to criminals and be deadly to law-abiding citizens. Gopyrighi©2014 Fldnda GarrY> Inc All Rights Reserved Forward this email fc^/Saf o tir viu bsa i bo This email was sent to mphammerl@aoI,com by news@floridacarrv.orQ Update Prof tie/Email Address Rapid removal with SafeUnsubscribe™ [ Privacy Policy. ' ^^ " >-/S to'J Et'nzil {j in \ ¦> ComtantContact' ^ I'iy I'f iWL- lizzLy. Florida Carry, Inc. PO Box 1024 Lehigh Acres > FL j 33970-1024 3 From: MPHammer1@aoUGnr> Sent: Tuesday, January 6, 2015 10:22 PM To; Simmons, David H Subject: HJorida Talking Points on NRA's Eddie Eagle GunSafe program Attachments: 2 f>^ Follow Up Flag: follow Up Due By: Tuesday, January 6, 2015 11:10 PM Flag Status: Flagged Attached. HQ put this together for you. I have sample packets of materials on the way. What's the best address to use to get one to you? Marion i The Eddie Eagle GunSafe® Program Florida Talking Points Current as of January 6,2015 First, it is the parent's responsibility to ensure that guns are stored safely, NRA's longstanding rule of gun storage is: Store your guns so that they are inaccessible to any unauthorized users, especially children. The NRA brochure, "A Parent's Guide to Gun Safety," has more information on how parents can keep their children safe. The program was created by past NRA President Marion P, Hammer and developed with the assistance of teachers, child psychologists, law enforcement professionals, and NRA's own gun safety experts. Program materials are available in English and Spanish. An eagle was chosen because it's a strong symbol and one that would be seen by children as an authority figure. NRA's Eddie Eagle GunSafe® Program teaches children in pre-K through third grade the following safety message: If you see a gun: Stop! Don't Touch. Leave the Area. Tell an Adult. Begun in 1988, The Eddie Eagle GunSafe® Program has been taught by more than 26,000 school teachers and law enforcement officers and reached more than 27 million children in all 50 states. In Florida, over 1,5 million children have received Eddie Eagle's life-saving message since the program's inception. Over the past ten years, the Eddie Eagle program has been taught by almost 265 Florida law enforcement agencies and over 200 Florida schools. Twenty-eight Florida law enforcement agencies also use the Eddie Eagle mascot costume to teach the program. These agencies include the Aventura Police Department, The Lake City Police Department, The Pasco County Sheriffs Office, The Panama City Beach Police Department, The Eustis Police Department, The City of Jacksonville Sherriff s Office, Ocala Police Department, Okeechobee County Sheriffs Office and The Holmes County Sheriffs Office. hi April of 2014, volunteer-based organization SAFE of Florida, Inc partnered with Florida Field Representative Bret Eldridge to purchase an Eddie Eagle Mascot Costume to be used during summer safety programs for the Winter Park community. SAFE of Florida, INC president and founder Kent Arblaster expects to reach over 1,400 children with the help of volunteers and local law enforcement. The Eddie Eagle program has been honored or formally endorsed by groups such as the National Sheriffs' Association, The American Legion, The Police Athletic League, the National Association of School Safety and Law Enforcement Officers, the American Association of American Educators, and others, The governors of 26 states have signed resolutions recommending that the program be used in their school systems. Since the Eddie Eagle Program's nationwide launch, the National Center for Health Statistics has indicated that die annual number of accidental firearm-related deaths among children of the program's targeted age group declined more than 80%, NRA feels that gun accident prevention programs such as Eddie Eagle are a significant factor in that decline The Community Service Division of the National Safety Council awarded its 1993 Community Safety Award to program creator and former NRA President Marion P. Hammer. The Youth Activities Division of the National Safety Council awarded its 1996 silver An wd of Merit to the Eddie Eagle Program for its efforts to "promote safety & health, save lives, lessen injury and reduce economic loss." The effectiveness of the program is confirmed by declinhig gun accidents among children, its popularity with the schoolteachers and law enforcement officers who teach it, and testimonial letters. These letters relate incidents in which children encountered guns, but, because of what they learned in the Eddie Eagle program, they sought help from an adult and avoided injury, A study published in the Journal of Emergency Nursing Online in October 2001 named Eddie Eagle the best of more than 80 gun safety programs evaluated, The Eddie Eagle program makes no value judgments about firearms, and no firearms are ever used in the program. The program prohibits the use of Eddie Eagle mascots anywhere that guns are present. The Eddie Eagle program has no agenda other than accident prevention -- ensuring that children stay safe should they encounter a gun. The program never mentions the NRA. Nor does it encourage children to buy guns or to become NRA members. Firearms are found in nearly half of all American households. Even if there me no guns in your own home, there may be guns in the homes of friends that your children visit. To ensure their safety, your children must be trained what to do if they encounter a firearm. Grant funding, made possible through the support of Friends of NRA and The NRA Foundation, is available nationwide. Schools, law enforcement agencies, hospitals, daycare centers, and libraries in these states are eligible to receive program materials free of charge, Anyone may teach The Eddie Eagle GunSafe® Program, and NRA membership is not required. The Eddie Eagle program may be readily incorporated into existing school curriculum, taught in a one- to five-day format, and used to reach all levels or simply one or two grades. For more information, call (800) 231-0752, or visit: http://eddieeagle.m,a.org/ Clarke, Valerie From: MPHammer1@aol.com Sent: Thursday, November 13, 2014 5:29 PM To; MPHamnner1@ao!,com Subject: AU^RT: Gov.Scott reduces cost of Lifetime Sportsman's License for Youngsters Attachments: k qxn hco ^" \o^& mrtmaw ALERT: Gov.Scott reduces cost of Lifetime Sportsman's License for Youngsters ages 5-21 DATE: November 13, 2014 TO: USF & NRA Member and Friends FROM: Marion P. Hammer USF Executive Director NRA Past President JUST IN TIME FOR THE HOLIDAYS !!!! This outstanding offer is the PERFECT gift for the young people in your life. This Special deal becomes available Monday Nov, 24th and runs through Dec, 31, 2014 FOR IMMEDIATE RELEASE November 13, 2014 CONTACT: GOVERNOR'S PRESS OFFICE (850) 717-9282 media@eog,myflorida,com Gov. Scott reduces cost of Lifetime Sportsman's License TALLAHASSEE, Fla, -Today, Governor Rick Scott signed an executive order authorizing the Florida Fish and Wildlife Conservation Commission to offer Lifetime Sportsman's Licenses for Florida children and young adults at a greatly reduced cost. The license now costs up to $1000 but from Nov, 24 through Dec. 31, 2014, the l From: Sent: To: Subject: Attachments: Simmons, David H, • Sunday, March 23, 2014 8:58 AM MPHammerl @aoLcom RE: FL Adjutant General letter in support of SB-296 Brandes (HB-209 Fitzenhagen) 6 CttacMl lir-trmi Marlon: Please call me. 407-234*5002 David Simmons Sent via the Samsung GALAXY S®4, an AT&T 4G LTE smartphone - — Original message - — From: MPHammerl@aol.com Date:03/23/2014 8:45 AM (GMT~05:00) To: MPHammerl@aoI.com Subject: FL Adjutant General fetter In support of SB-296 Brandes (HB-209 Fitzenhagen) The National Rifle Association and Unified Sportsmen of Florida strongly support this bill. Below is a letter from Florida's Adjutant General, Major General EmmettTitshaw, Jr., Florida National Guard in support Of SB-296 Brandes (HB-209 Fitzenhagen) SB-296 by Sen. Brandes and HB-209 By Rep. Fitzenhagen is a bill to allow Florida's law-abiding citizens to carry their firearms with them during a mandatory evacuation in a state of emergency without fear of being arrested and/or having their firearms confiscated. A pdf copy of the letter Is also attached. 1 STATE OF FLORIDA Department of Military Aflairs to if to ^Msrtoif SginOTt St, Fnmcis Banacka, P,0. Box 1008 St. Augustine, Florida 32085-1008 March 20,20M Senator Tha4 Altaian Chairman, Military andlVeterans Affairs, Space and Domestic Security Committee 404 S Monroe Street Tallahassee, Florida 32399 Senator Altman: Captain Terrence Gorman is not authorized to speak for the Department of MlUtaiy Affairs on legislative issues. Department of Military Affairs supports Senate Bill 296, Respectfully, Major General Florida National Guard The Adjutant General I Clarke, Valerie From: Simmons, David H. ¦ Sent: Friday, April 4, 2014 1:33 PM To: MPHammer1<§>aoLcom Cc: VANSMITHJEAN (VANSMITHJEAN@fis6nate.gov) Subject: R£: ALERT ! Video of Florida Sheriffs Assn. Opposition to Right to Bear Arms Attachments: Importance: High Marlon: 1 reviewed the SYG "threatened use of force" bill that passed out of the Senate Judiciary • Committee, It does not contain the House's re-wrlte of the SYG law. As such, this was all new to me when I saw it on the Senate floor yesterday. My prior discussion with you about a month ago in which I voiced concern about certain SYG language deaft with another portion of Senate bill language, not this House bill or its language. I have not, before yesterday, had discussions with you about the House bill's language, The extent of the error in the House bill is significant and patent A resident of a home should not have to be "attacked" in order to rely upon the castle doctrine. There are other errors in the re-write of the Stand Your Ground law as well. Since there are about 4 weeks left in the Session, one possible option is that Sen. Evers and possibly Rep. Baxter file a new bill, asking that it be referred to only one committee in each chamber, and getting the i CS for CS for SB 448 Florida Senate - 2014 By the Committees on Rules; and Judiciary; and Senator Evers 595-02529-14 2014448c2 A bill to be entitled An act relating to the threatened use of force; providing legislative findings and intent; amending s. 775,087r F.S.; creating an exception to the minimum mandatory sentence for aggravated assault under specified conditions; amending s, 776.012, F.S.; applying provisions relating to the use of force in defense of persons to the threatened use of force; amending s. 776.013, F.S.; applying presumption relating to the use of deadly force to the threatened use of deadly force in the defense of a residence and similar circumstances; applying provisions relating to such use of force to the threatened use of force; amending s. 776.031, F.S.; applying provisions relating to the use of force in defense of property to the threatened use of force; amending s. 776.032, F.S.; applying immunity provisions that relate to the use of force to the threatened use of force; amending s. 776.041, F.S.; applying provisions relating to the use of force by an aggressor to the threatened use of force; providing exceptions; amending s. 776.051, F.S.; providing that a person is not justified in the threatened use of force to resist an arrest by a law enforcement officer; creating s. 776.09, F.S.; providing that a person is eligible to apply for a certificate of eligibility for expunction, notwithstanding the eligibility requirements, if the charging document in the case is not filed or is dismissed because it is found that the person acted in Page 1 of 24 CODING: Words stricken are deletions; words underlined are additions Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 lawful self-defense pursuant to the provisions related to the justifiable use of force in ch. 776, F.S.; requiring a prosecutor, statewide prosecutor, or court to document and retain such findings; amending s. 943.0585, F.S.; requiring the Department of Law Enforcement to provide a certificate of eligibility for expunction, notwithstanding the eligibility requirements, to a person who has a written, certified statement from a prosecutor or statewide prosecutor indicating that the charging document in the case was not filed or was dismissed because it was found that the person acted in lawful self-defense pursuant to the provisions related to the justifiable use of force in ch. 776, F.S.; providing a penalty for knowingly providing false information on a sworn statement; providing applicability; requiring the department to adopt rules; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. (1) The Legislature finds that persons have been criminally prosecuted and have been sentenced to mandatory minimum terms of imprisonment pursuant to s. 775.087, Florida Statutes, for threatening to use force in a manner and under circumstances that would have been justifiable under chapter 776, Florida Statutes, had force actually been used. (2) The Legislature intends to: (a) Provide criminal and civil immunity to those who threaten to use force if the threat was made in a manner and Page 2 of 24 CODING: Words otrickon are deletions; words underlined are additions. Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 under circumstances that would have been imiuune under chapter 776, Florida Statutes, had force actually been used. (b) Clarify that those who threaten to use force may claim self-defense if the threat was made in a manner and under circumstances that would have been justifiable under chapter 776, Florida Statutes^ had force actually been used. (c) Ensure that those who threaten to use force in a manner and under circumstances that are justifiable under chapter 776, Florida Statutes, are not sentenced to a mandatory minimum term of imprisonment pursuant to s, 775.087, Florida Statutes, (d) Encourage those who have been sentenced to a mandatory minimum term of imprisonment pursuant to s. 775,087, Florida Statutes, for threatening to use force in a manner and under circumstances that are justifiable under chapter 776, Florida Statutes, to apply for executive clemency. Section 2. Subsection (2) of section 775.087, Florida Statutes, is amended to read: 775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.— (2) {a)l. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a weapon is an element of the felony, and the conviction was for; a. Murder; b. Sexual battery; c. Robbery; d. Burglary; e. Arson; f. Aggravated assault; g. Aggravated battery; Page 3 of 24 CODING; Words sfarie-ben: are deletions; words underlined are additions. Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 h. Kidnapping; i. Escape; j. Aircraft piracy; k. Aggravated child abuse; 1. Aggravated abuse of an elderly person or disabled adult; m. Unlawful throwing, placing, or discharging of a destructive device or bomb; n. Carjacking; o. Home-invasion robbery; p. Aggravated stalking; q. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893,135(1); or r. Possession of a firearm by a felon and during the commission of the offense, such person actually possessed a "firearm" or "destructive device" as those terms are defined in s, 790.001, shall be sentenced to a minimum term of imprisonment of 10 years, except that a person who is convicted for aggravated assault, possession of a firearm by a felon, or burglary of a conveyance shall be sentenced to a minimum term of imprisonment of 3 years if such person possessed a "firearm" or "destructive device" during the commission of the offense. Page 4 of 24 CODING: Words stricken are deletions; words underlined are additions Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 However, if an offender who is convicted of the offense of possession of a firearm by a felon has a previous conviction of committing or attempting to commit a felony listed in s, 775*084 (1) (b)l. and actually possessed a firearm or destructive device during the commission of the prior felony, the offender shall be sentenced to a minimum term of imprisonment of 10 years. 2. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)l.a.-q., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a "firearm" or "destructive device" as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years. 3. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)l.a.-q., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a "firearm" or "destructive device" as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison. (b) Subparagraph (a)l., subparagraph (a)2., or subparagraph (a)3. does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law. Subparagraph (a)l.. Page 5 of 24 CODING: Words stricken are deletions/ words underlined are additions. Florida Senate - 2014 GS for CS for SB 448 595-02529-14 2014448c2 subparagraph (a)2., or subparagraph (a)3. does not authorize a court to impose a lesser sentence than otherwise required by law. Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s, 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence. (c) If the minimum mandatory terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory minimum term of imprisonment as required in this section. (d) It is the intent of the Legislature that offenders who actually possess, carry, display, use, threaten to use, or attempt to use firearms or destructive devices be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense. Page 6 of 24 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 (e) The minimum mandatory sentence set forth in paragraph (2)(a) for a conviction for aggravated assault under s. 784.021 shall not be imposed upon a person who uses force to defend himself, herself, or another if the court finds in writing that: 1. The person had a good faith belief that such conduct was necessary to defend himself, herself, or another against a person's imminent use of unlawful force consistent with s, 776.012 and the act was not done in the course of the commission of another crime; or 2.a. The person did not intend to cause harm and did not cause physical harm to another; and b. The aggravated assault was not committed in the course of committing another crime. Nothing in this paragraph shall be construed to change or modify any other provision related to the use of force in chapter 776. Section 3. Section 776,012, Florida Statutes, is amended to read: 776,012 Use or threatened use of force in defense of person.—A person is justified in using force, except deadly force, or threatening to use 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. However, a person is justified in using or threatening to use the use of deadly force and does not have a duty to retreat if: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent Page 7 of 24 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013. Section 4. Section 776.013, Florida Statutes, is amended to read: 776,013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.— (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if: (a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering/ or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and (b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. (2) The presumption set forth in subsection (1) does not apply if: (a) The person against whom the defensive force is used or threatened has" the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no Page 8 of 24 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 contact against that person; or (b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used or threatened; or (c) The person who uses or threatens to use defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or (d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in s, 943,10(14), who enters or attempts to enter a dwelling, residence, or vehicle 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 entering or attempting to enter was a law enforcement officer, (3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony, (4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful Page 9 of 24 CODING: Words -otri-cken are deletions; words underlined are additions. Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 act involving force or violence. (5) As used in this section, the term: (a) ^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, including a tent, and is designed to be occupied by people lodging therein at night. (b) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest. (c) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property. Section 5. Section 776.031, Florida Statutes, is amended to read: 776.031 Use or threatened use of force in defense of property others.—A person is justified in using the use of force, except deadly force, or threatening to use force against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, a the person is justified in using the use of deadly force only if he or she reasonably believes that such conduct force is necessary to prevent the imminent commission of a forcible felony. A person does not have Page 10 of 24 CODING: Words otriokon are deletions; words underlined are additions. CS for CS for SB 448 Florida Senate - 2014 595-02529-14 2014448c2 a duty to retreat if the person is in a place where he or she has a right to be. Section 6. Section 776.032, Florida Statutes, is amended to read: 776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force.— (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 -using such conduct force and is immune from criminal prosecution and civil action for the use or threatened use of such force, unless the person against whom force was used or threatened is a law enforcement officer, 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 xvcriminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant. (2) A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful, (3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune Page 11 of 24 CODIHG: Words strickon are deletions; words underlined are additions Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 from prosecution as provided in subsection (1). Section 7. Section 776.041, Florida Statutes, is amended to read: 776.041 Use or threatened use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who: (1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or (2) Initially provokes the use or threatened use of force against himself or herself, unless: (a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or (b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force. Section 8. Section 776.051, Florida Statutes, is amended to read: 776.051 Use or threatened use of force in resisting arrest or making an arrest or in the execution of a legal duty; prohibition.— (1) A person is not justified in the use or threatened use of force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution Page 12 of 24 CODING: Words ehrie-ken- are deletions; words underlined are additions. Florida Senate ~ 2014 CS for CS for SB 448 595-02529-14 2014448c2 of a legal duty, if the law enforcement officer was acting in good faith and he or she is known, or reasonably appears, to be a law enforcement officer. (2) A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is not justified in the use of force if the arrest or execution of a legal duty is unlawful and known by him or her to be unlawful. Section 9. Section 776.09, Florida Statutes, is created to read: 776.09 Retention of records pertaining to persons found to be acting in lawful self-defense; expunction of related criminal history records.— (1) Whenever the state attorney or statewide prosecutor dismisses an information, indictment, or other charging document, or decides not to file an information, indictment, or other charging document, because of a finding that the person accused acted in lawful self-defense pursuant to the provisions related to the justifiable use of force in chapter 776, that finding shall be documented in writing and retained in the files of the state attorney or statewide prosecutor. (2) Whenever a court dismisses an information, indictment, or other charging document because of a finding that the person accused acted in lawful self-defense pursuant to the provisions related to the justifiable use of force in chapter 776, that finding shall be recorded in an order or memorandum, which shall be retained in the court's records. (3) Under either of these conditions, the person accused may apply for a certificate of eligibility to expunge the associated criminal history record, pursuant to s. 943.0585(5), Page 13 of 24 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 notwithstanding the eligibility reqairements prescribed in s. 943.0585 (1) (b) or (2) , Section 10, Section 943.0585, Florida Statutes, is amended to read: 943,0585 Court-ordered expunction of criminal history records,—The courts of this state have jurisdiction over their own procedures, including the maintenance, expunction, and correction of judicial records containing criminal history information to- the extent such procedures are not inconsistent with the conditions, responsibilities, and duties established by this section. Any court of competent jurisdiction may order a criminal justice agency to expunge the criminal history record of a minor or an adult who complies with the requirements of this section. The court shall not order a criminal justice agency to expunge a criminal history record until the person seeking to expunge a criminal history record has applied for and received a certificate of eligibility for expunction pursuant to subsection (2) or subsection (5). A criminal history record that relates to a violation of s. 393.135, s. 394.4593, s, 787.025, chapter 794, s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847,0135, s. 847.0145, s, 893,135, s, 916,1075, a violation enumerated in s.. 907.041, or any violation specified as a predicate offense for registration as a sexual predator pursuant to s, 775,21, without regard to whether that offense alone is sufficient to require such registration, or for registration as a sexual offender pursuant to s. 943.0435, may not be expunged, without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense, or Page 14 of 24 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2014 CS for CS for SB 448 595-0252 9-14 2014448c2 if the defendant, as a minor, was found to have committed, or pled guilty or nolo contendere to committing, the offense as a delinquent act. The court may only order expunction of a criminal history record pertaining to one arrest or one incident of alleged criminal activity, except as provided in this section. The court may, at its sole discretion, order the expunction of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest. If the court intends to order the expunction of records pertaining to such additional arrests, such intent must be specified in the order. A criminal justice agency may not expunge any record pertaining to such additional arrests if the order to expunge does not articulate the intention of the court to expunge a record pertaining to more than one arrest. This section does not prevent the court from ordering the expunction of only a portion of a criminal history record pertaining to one arrest or one incident of alleged criminal activity. Notwithstanding any law to the contrary, a criminal justice agency may comply with laws, court orders, and official requests of other jurisdictions relating to expunction, correction, or confidential handling of criminal history records or information derived therefrom. This section does not confer any right to the expunction of any criminal history record, and any request for expunction of a criminal history record may be denied at the sole discretion of the court, (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.-Each petition to a court to expunge a criminal history record is complete only when accompanied by: (a) A valid certificate of eligibility for expunction Page 15 of 24 CODING: Words •efeg-ickcn are deletions; words underlined are additions. CS for CS for SB 448 Florida Senate - 2014 595-02529-14 2014448c2 issued by the department pursuant to subsection (2). (b) The petitioner's sworn statement attesting that the petitioner: 1. Has never, prior to the date on which the petition is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation, or been adjudicated delinquent for committing any felony or a misdemeanor specified in s. 943.051 (3) (b) . 2. Has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains. 3. Has never secured a prior sealing or expunction of a criminal history record under this section, s. 943.059, former s. 893.14, former s. 901.33, or former s. 943.058, unless expunction is sought of a criminal history record previously sealed for 10 years pursuant to paragraph (2}(h) and the record is otherwise eligible for expunction. 4. Is eligible for such an expunction to the best of his or her knowledge or belief and does not have any other petition to expunge or any petition to seal pending before any court. Any person who knowingly provides false information on such sworn statement to the court commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.-Prior to petitioning the court to expunge a criminal history record, a person seeking to expunge a criminal history record shall apply Page 16 of 24 CODING: Words strickon are deletions; words underlined are additions Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2Q14448c2 to the department for a certificate of eligibility for expunction. The department shall, by rule adopted pursuant to chapter 120, establish procedures pertaining to the application for and issuance of certificates of eligibility for expunction. A certificate of eligibility for expunction is valid for 12 months after the date stamped on the certificate when issued by the department. After that time, the petitioner must reapply to the department for a new certificate of eligibility. Eligibility for a renewed certification of eligibility must be based on the status of the applicant and the law in effect at the time of the renewal application. The department shall issue a certificate of eligibility for expunction to a person who is the subject of a criminal history record if that person: (a) Has obtained, and submitted to the department, a written, certified statement from the appropriate state attorney or statewide prosecutor which indicates: 1. That an indictment, information, or other charging document was not filed or issued in the case. 2. That an indictment, information, or other charging document, if filed or issued in the case, was dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was dismissed by a court of competent jurisdiction, and that none of the charges related to the arrest or alleged criminal activity to which the petition to expunge pertains resulted in a trial, without regard to whether the outcome of the trial was other than an adjudication of guilt. 3. That the criminal history record does not relate to a violation of s, 393.135, s. 394.4593, s, 787.025, chapter 794, s. 796.03, s. 800,04, s. 810.14, s. 817.034, s. 825.1025, s. Page 17 of 24 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in s. 907.041/ or any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, without regard to whether that offense alone is sufficient to require such registration, or for registration as a sexual offender pursuant to s. 943.0435, where the defendant was found guilty of, or pled guilty or nolo contendere to any such offense, or that the defendant, as a minor, was. found to have committed, or pled guilty or nolo contendere to committing, such an offense as a delinquent act, without regard to whether adjudication was withheld. (b) Remits a $75 processing fee to the department for placement in the Department of Law Enforcement Operating Trust Fund, unless such fee is waived by the executive director. (c) Has submitted to the department a certified copy of the disposition of the charge to which the petition to expunge pertains. (d) Has never, prior to the date on which the application for a certificate of eligibility is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation, or been adjudicated delinquent for committing any felony or a misdemeanor specified in s, 943.051(3)(b). (e) Has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition to expunge pertains. (f) Has never secured a prior sealing or expunction of a criminal history record under this section, s. 943.059, former Page 18 of 24 CODING: Words stricken- are deletions; words underlined are additions. Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 s. 893.14, former s. 901.33, or former s. 943.058, unless expunction is sought of a criminal history record previously sealed for 10 years pursuant to paragraph (h) and the record is otherwise eligible for expunction. (g) Is no longer under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the petition to expunge pertains. (h) Has previously obtained a court order sealing the record under this section, former s. 893,14, former s, 901,33, or former s. 943.058 for a minimum of 10 years because adjudication was withheld or because all charges related to the arrest or alleged criminal activity to which the petition to expunge pertains were not dismissed prior to trial, without regard to whether the outcome of the trial was other than an adjudication of guilt. The requirement for the record to have previously been sealed for a minimum of 10 years does not apply when a plea was not entered or all charges related to the arrest or alleged criminal activity to which the petition to expunge pertains were dismissed prior to trial. (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.(a) In judicial proceedings under this section, a copy of the completed petition to expunge shall be served upon the appropriate state attorney or the statewide prosecutor and upon the arresting agency; however, it is not necessary to make any agency other than the state a party. The appropriate state attorney or the statewide prosecutor and the arresting agency may respond to the court regarding the completed petition to expunge. (b) If relief is granted by the court, the clerk of the Page 19 of 24 CODING: Words stricken are deletions; words underlined are additions. CS for CS for SB 448 Florida Senate - 2014 595-02529-14 2014448c2 court shall certify copies of the order to the appropriate state attorney or the statewide prosecutor and the arresting agency. The arresting agency is responsible for forwarding the order to any other agency to which the arresting agency disseminated the criminal history record information to which the order pertains. The department shall forward the order to expunge to the Federal Bureau of Investigation. The clerk of the court shall certify a copy of the order to any other agency which the records of the court reflect has received the criminal history record from the court. (c) For an order to expunge entered by a court prior to July 1, 1992, the department shall notify the appropriate state attorney or statewide prosecutor of an order to expunge which is contrary to law because the person who is the subject of the record has previously been convicted of a crime or comparable ordinance violation or has had a prior criminal history record sealed or expunged. Upon receipt of such notice, the appropriate state attorney or statewide prosecutor shall take action, within 60 days, to correct the record and petition the court to void the order to expunge. The department shall seal the record until such time as the order is voided by the court. (d) On or after July 1, 1992, the department or any other criminal justice agency is not required to act on an order to expunge entered by a court when such order does not comply with the requirements of this section. Upon receipt of such an order, the department must notify the issuing court, the appropriate state attorney or statewide prosecutor, the petitioner or the petitioner's attorney, and the arresting agency of the reason for noncompliance. The appropriate state attorney or statewide Page 20 of 24 CODING: Words ntrickon are deletions; words underlined are additions CS for CS for SB 448 Florida Senate - 2014 595-02529-14 2014448c2 prosecutor shall take action within 60 days to correct the record and petition the court to void the order. ho cause of action, including contempt of court, shall arise against any criminal justice agency for failure to comply with an order to expunge when the petitioner for such order failed to obtain the certificate of eligibility as required by this section or such order does not otherwise comply with the requirements of this section, (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.-Any criminal history record of a minor or an adult which is ordered expunged by a court of competent jurisdiction pursuant to this section must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the department must be retained in all cases. A criminal history record ordered expunged that is retained by the department is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency may retain a notation indicating compliance with an order to expunge. (a) The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former s. 893.14, former s. 901.33, and former s. 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the subject of the record: 1, Is a candidate for employment with a criminal justice I agency; Page 21 of 24 CODING: Words stricken are deletions; words underlined are additions Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 2. Is a defendant in a criminal prosecution; 3. Concurrently or subsequently petitions for relief under this section/- s. 943.0583, or s. 943.059; 4. Is a candidate for admission to The Florida Bar; 5. Is seeking to be employed or licensed by or to contract with the Department of Children and Families, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly; or 6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities. (b) Subject to the exceptions in paragraph (a), a person who has been granted an expunction under this section, former s. 893.14, former s. 901.33, or former s, 943.058 may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person's failure to recite or acknowledge an expunged criminal history record. (c) Information relating to the existence of an expunged criminal history record which is provided in accordance with paragraph (a) is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, Page 22 of 24 CODING: Words are deletions; words underlined are additions. Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2Q14448c2 except that the department shall disclose the existence of a criminal history record ordered expunged to the entities set forth in subparagraphs (a)!., 4,, 5., 6., and 7. for their respective licensing, access authorization, and employment purposes, and to criminal justice agencies for their respective criminal justice purposes. It is unlawful for any employee of an entity set forth in subparagraph (a)l., subparagraph (a)4., subparagraph (a) 5., subparagraph (a)6,, or subparagraph (a)7. to disclose information relating to the existence of an expunged criminal history record of a person seeking employment, access authorization, or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment, access authorization, or licensure decisions. Any person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (5) EXCEPTION PROVIDED.-Notwithstanding the eligibility reguirements prescribed in paragraph (1)(b) and subsection (2), the department shall issue a certificate of eligibility for expunction under this subsection to a person who is the subject of a criminal history record if that person: (a) Has obtained, and submitted to the department, on a form provided by the department, a written, certified statement from the appropriate state attorney or statewide prosecutor which states whether an information, indictment, or other charging document was not filed or was dismissed by the state attorney, or dismissed by the court, because it was found that the person acted in lawful self-defense pursuant to the provisions related to justifiable use of force in chapter 776. Page 23 of 24 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2014 CS for CS for SB 448 595-02529-14 2014448c2 (b) Each petition to a court to expunge a criminal history record pursuant to this subsection is complete only when accompanied by: 1, A valid certificate of eligibility for expunction issued by the department pursuant to this subsection. 2. The petitioner's sworn statement attesting that the petitioner is eligible for such an expunction to the best of his or her knowledge or belief. Any person who knowingly provides false information on such sworn statement to the court commits a felony of the third degree, punishable as provided in s, 775.082/ s. 775.083/ or s. 775,084. (c) This subsection does not confer any right to the expunction of a criminal history record, and any request for expunction of a criminal history record may be denied at the discretion of the court. (d) Subsections (3) and (4) shall apply to expunction ordered under this subsection, (e) The department shall, by rule adopted pursuant to chapter 120, establish procedures pertaining to the application for and issuance of certificates of eligibility for expunction under this subsection. JJLH&f STATUTORY REFERENCES .-Any reference to any other chapter, section, or subdivision of the Florida Statutes in this section constitutes a general reference under the doctrine of incorporation by reference. Section 11. This act shall take effect upon becoming a law. Page 24 of 24 CODING: Words -stricken- are deletions; words underlined are additions. FLORIDA HOUSE OF REPRESENTATIVE CS/CS/HB89, Engrossed 1 2014 A bill to be entitled An act relating to the threatened use of force; providing legislative findings and intent; amending s. 775.087, F.S.; prohibiting the court from imposing certain mandatory minimum sentences if the court makes specified written findings; amending s. 776.012/ F.S.; applying provisions relating to the use of force in defense of persons to the threatened use of forcedproviding that a person who lawfully uses or threatens to use nondeadly force does not have a duty to retreat; providing that a person who lawfully uses or threatens to use deadly force does not have a duty to retreat 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; amending s. 776.013/ F.S.; applying presumption relating to the use of deadly force to the threatened use of deadly force in the defense of a residence and similar circumstances; applying provisions relating to such use of force to the threatened use of force; removing provisions relating to one's duty to retreat before using force; amending s. 776.031/ F.S.; applying provisions relating to the use of force in defense of property to the threatened use of force; providing that a person who lawfully uses or threatens Page 1 of 26 CODING: Words sfFlek-en are deletions; words underlined are additions. hb0089-03-e1 FLORIDA HOUSE 0 F REPRESENTATIVE CS/CS/HB89, Engrossed 1 2014 to use nondeadly force does not have a duty to retreat; providing that a person who lawfully uses or threatens to use deadly force does not have a duty to retreat 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; amending s. 776.032, F.S.; applying immunity provisions that relate to the use of force to the threatened use of force; limiting immunity provisions to civil actions by the person, personal representative, or heirs of the person against whom force was used; amending s. 776.041, F.S.; applying provisions relating to the use of force by an aggressor to the threatened use of force; providing exceptions; amending s. 776.051, F.S,; providing that a person is not justified in the threatened use of force to resist an arrest by a law enforcement officer; amending s. 776.06, F.S.; clarifying that the provision relates to use of force by a law enforcement officer or correctional officer; creating s. 776.09, F.S.; providing that a person is eligible to apply for a certificate of eligibility for expunction, notwithstanding specified eligibility requirements, if the charging document in the case is not filed or is dismissed because it is found that the person acted in Page 2 of 26 CODING: Words stricken are deletions; words underlined are additions. hb0089-03-e1 FLORIDA HOUSE OF REPRESENTATIVE CS/CS/HB89, Engrossed 1 2014 lawful self-defense pursuant to the provisions related to the justifiable use of force in chapter 776/ F.S.; requiring a prosecutor, statewide prosecutor, or court to document and retain such findings; amending 3. 943.0585, F.S.; requiring the Department of Law Enforcement to provide a certificate of eligibility for expunction, notwithstanding the eligibility requirements, to a person who has a written, certified statement from a prosecutor or statewide prosecutor indicating that the charging document in the case was not filed or was dismissed because it was found that the person acted in lawful self-defense pursuant to the provisions related to the justifiable use of force in chapter 776, F.S.; providing a penalty for knowingly providing false information on a sworn statement; providing applicability; requiring the department to adopt rules; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1, (1) The Legislature finds that persons have been criminally prosecuted and have been sentenced to mandatory minimum terms of imprisonment pursuant to s* 775.087, Florida Statutes, for threatening to use force in a manner and under Page 3 of 26 CODING: Words striekeh are deletions; words underlined are additions. hb0089-03-e1 florida house of representative 111 CS/CS/HBQO, Engrossed 1 2014 circumstances that would have been justifiable under chapter 776f Florida Statutes, had force actually been used. (2) The Legislature intends to: (a) Provide criminal and civil immunity to those who threaten to use force if the threat was made in a manner and under circumstances that would have been immune under chapter 116r Florida Statutes^ had force actually been used, , (b) Clarify that those who threaten to use force may claim self-defense if the threat was made in a manner and under circumstances that would have been justifiable under chapter 776, Florida Statutes, had force actually been used. (c) Ensure that those who threaten to use force in a manner and under circumstances that are justifiable under chapter 776, Florida Statutes, are not sentenced to a mandatory minimum term of imprisonment pursuant to s. 775.087, Florida Statutes. (d) Encourage those who have been sentenced to a mandatory minimum term of imprisonment pursuant to s. 775.087, Florida Statutes, for threatening to use force in a manner and under circumstances that are justifiable under chapter 776, Florida Statutes, to apply for executive clemency. Section 2. Subsection (6) is added to section 775.087, Florida Statutes, to read: 775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.— Page 4 of 26 CODING: Words stricken are deletions; words underlined are additions. hb0089-03-e1 F O R IDA HOUSE OF REPRESENTATIV 1 2014 CS/CS/HB89, Engrossed 1 101 (6) Notwithstanding s. 27.366, the sentencing court shall 102 not impose the mandatory minimum sentence required by subsection 103 (2) or subsection (3) for a conviction for aggravated assault if 104 the court makes written findings that: 105 106 107 108 (a) The defendant had a good faith belief that the aggravated assault was justifiable pursuant to chapter 776. (b) The aggravated assault was not committed In the course of committing another criminal offense. 109 (c) The defendant does not pose a threat to public safety. 110 (d) The totality of the circumstances involved in the 111 112 113 114 115 116 offense do not justify the imposition of such sentence. Section 3. Section 776.012, Florida Statutes, is amended to read: 776.012 Use or threatened use of force in defense of person (1) A person is justified in using or threatening to use 117 force, except deadly force, against another when and to the 118 extent that the person reasonably believes that such conduct is 119 necessary to defend himself or herself or another against the 120 other's imminent use of unlawful force. A person who uses or 121 threatens to use force in accordance with this subsection does 122 not have a duty to retreat before using or threatening to use 123 such force. aowcvcr,' 124 125 (2) A person is justified in using or threatening to use the use of deadly force and docs not have a duty to retreat if-e Page 5 of 26 CODING: Words sfFieken are deletions; words underlined are additions. hb0089-03-i FLORIDA HOUSE OF REPRESENTATIVE CS/CS/HB89, Engrossed 1 2014 -ft-}- 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^y—er -fS-f 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 Under those circumstancos pormittod pursuant to o. 776,013. Section 4. Subsections (1), (2), and (3) of section 776.013f Florida Statutes, are amended to read: 776,013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.— (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if: (a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from Page 6 of 26 CODING: Words strteken are deletions; words underlined are additions. hb0089-03-e1 FLORIDA HOUSE OF REPRESENTATIVE 2014 CS/CS/HB89, Engrossed 1 the dwelling, residence, or occupied vehicle; and (b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred, (2) The presumption set forth in subsection (1) does not apply if: (a) The person against whom the defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or (b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used or threatened; or (c) The person who uses or threatens to use defensive force is engaged in a criminal an—unlawful- activity or is using the dwelling, residence, or occupied vehicle to further a criminal an unlawful activity; or (d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official Page 7 of 26 CODING: Words str-ieken are deletions; words underlined are additions, hb0089-03-e1 FLORIDA HOUSE OF REPRESENTATJVE CS/CS/HB89, Engrossed 1 2014 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 entering or attempting to enter was a law enforcement officer. (3) A person who is not engaged in an unlawful activity and who is attacked in his or her dwelling, residence^ or vehicle in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use meet force with force, including deadly force^ if he or she uses or threatens to use force in accordance with s, 776.012(1) or (2) or s. 776.031(1) or (2) reasonably believes it—is necessary to do so to prevent death or great bodily harm- to himself—or herself or another or to prevent the commission of a ferciblc felony. Section 5. Section 776.031, Florida Statutes, is amended to read.* 776.031 Use or threatened use of force in defense of property others (1) A person is justified in using or threatening to use %hc use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, Page 8 of 26 CODING; Words sfrieken are deletions; words underlined are additions. hb0089-03-e1 F L ORIDA HOUSE OF REPRESENTATIVE CS/CS/HB89, Engrossed 1 2014 lawfully in his or her possession or in the possession of another who is a meinber of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. 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. However, (2) A the person is justified in using or threatening to use the use of deadly force only if he or she reasonably believes that such conduct force is necessary 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. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.Section 6, Subsections (1) and (2) of section 776.032, Florida Statutes, are amended to read: 776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force.— (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 using such conduct -force and is immune from criminal prosecution and civil action for the use or threatened use of Page 9 of 26 CODING: Words stricken are deletions; words underlined are additions. hbQ089~03-e1 FLORIDA HOUSE OF REPRESENTATIVE CS/CS/HB89, Engrossed 1 2014 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, 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. (2) A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful. Section 7. Subsection (2) of section 776.041, Florida Statutes, is amended to read: 776.041 Use or threatened use of force by aggressor.-The justification described in the preceding sections of this chapter is not available to a person who: (2) Initially provokes the use or threatened use of force against himself or herself, unless: (a) Such force or threat of force is so great that the Page 10 of 26 CODING: Words sfrieken are deletions; words underlined are additions. hb0089-03-e1 F L ORIDA HOUSE OF REPRESENTATIVE CS/C$/HB89, Engrossed 1 2014 person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or (b) In good faith; the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force. Section 8. Subsection (1) of section 776.051, Florida Statutes, is amended to read: 776.051 Use or threatened use of force in resisting arrest or making an arrest or in the execution of a legal duty; prohibition.— (1) A person is not justified in the use or threatened use of force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith and he or she is known, or reasonably appears, to be a law enforcement officer. Section 9. Subsection {1) of section 776.06, Florida Statutes, is amended to read: 776.06 Deadly force by a law enforcement or correctional officer Page 11 of 26 CODING: Words sfriekeR are deletions; words underlined are additions. hb0089-03-e1 F L OR1DA HOUSE OF REPRESENTATIV 2014 CS/CS/HB89, Engrossed 1 276 (1) As applied to a law enforcement officer or 277 correctional officer acting in the performance of his or her 278 official duties, the term "deadly force" means force that is 279 likely to cause death or great bodily harm and includes, but is 280 not limited to: 281 (a) The firing of a firearm in the direction of the person 282 to be arrested, even though no intent exists to kill or inflict 283 great bodily harm; and 284 285 286 287 (b) The firing of a firearm at a vehicle in which the person to be arrested is riding. Section 10. Section 776.09, Florida Statutes, is created to read: 288 776.09 Retention of records pertaining to persons found to 289 be acting in lawful self—defense; expunction of criminal history 290 records 291 (1) Whenever the state attorney or statewide prosecutor 292 dismisses an information, indictment, or other charging 293 document, or decides not to file an information, indictment, or 294 other charging document because of a finding that the person 295 accused acted in lawful self-defense pursuant to the provisions 296 related to the justifiable use of force in this chapter, that 297 finding shall be documented in writing and retained in the files 298 of the state attorney or statewide prosecutor. 299 300 (2) Whenever a court dismisses an information, indictment, or other charging document because of a finding that the person Page 12 of 26 CODING: Words sfrieken are deletions; words underlined are additions. hb0089-03-i FL ORIDA HOUSE OF REPRESENTATIV CS/CS/HB 89f Engrossed 1 2014 301 accused acted in lawful self-defense pursuant to the provisions 302 related to the justifiable use of force In this chapter/ that 303 finding shall be recorded in an order or rnemorandum, which shall 30 4 be retained in the court's records» 305 (3) Under either condition described in subsection (1) or 306 subsection (2), the person accused may apply for a certificate 307 of eligibility to expunge the associated criminal history 308 record, pursuant to s. 943,0585(5)/ notwithstanding the 309 eligibility requirements prescribed in s. 943.0585 (1) (b) or (2). 310 Section 11. Section 943.0585, Florida Statutes, is amended 311 312 to read: 943.0585 Court-ordered expunction of criminal history 313 records.-The courts of this state have jurisdiction over their 314 own procedures, including the maintenance, expunction, and 315 correction of judicial records containing criminal history \ 316 information to the extent such procedures are not inconsistent 317 with the conditions, responsibilities, and duties established by 318 this section. Any court of competent jurisdiction may order a 319 criminal justice agency to expunge the criminal history record 320 of a minor or an adult who complies with the requirements of 321 this section. The court shall not order a criminal justice 322 agency to expunge a criminal history record until the person 323 seeking to expunge a criminal history record has applied for and 324 received a certificate of eligibility for expunction pursuant to 325 subsection (2) or subsection (5). A criminal history record that Page 13 of 26 CODING: Words skieken are deletions; words underlined are additions. hb0089-03-i FLORIDA HOUSE OF REPRESENTATIVES CS/CS/HB 89, Engrossed 1 2014 relates to a violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in s. 907.041, or any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, without regard to whether that offense alone is sufficient to require such registration, or for registration as a sexual offender pursuant to s, 943.0435, may not be expunged, without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense, or if the defendant, as a minor, was found to have committed, or pled guilty or nolo contendere to committing, the offense as a delinquent act. The court may only order expunction of a criminal history record pertaining to one arrest or one incident of alleged criminal activity, except as provided in this section. The court may, at its sole discretion, order the expunction of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest. If the court intends to order the expunction of records pertaining to such additional arrests, such intent must be specified in the order. A criminal justice agency may not expunge any record pertaining to such additional arrests if the order to expunge does not articulate the intention of the court to expunge a record pertaining to more than one arrest. This Page 14 of 26 CODING: Words sfrioken are deletions; words underlined are additions. hbOO89-03-e1 FLORIDA HOUSE OF REPRESENTATIVE CS/CS/HB89, Engrossed 1 2014 section does not prevent the court from ordering the expunction of only a portion of a criminal history record pertaining to one arrest or one incident of alleged criminal activity. Notwithstanding any law to the contrary, a criminal justice agency may comply with laws, court orders, and official requests of other jurisdictions relating to expunction, correction, or confidential handling of criminal history records or information derived therefrom. This section does not confer any right to the expunction of any criminal history record, and any request for expunction of a criminal history record may be denied at the sole discretion of the court. (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.-Each petition to a court to expunge a criminal history record is complete only when accompanied by: (a) A valid certificate of eligibility for expunction issued by the department pursuant to subsection (2). (b) The petitioner's sworn statement attesting that the petitioner: 1. Has never, prior to the date on which the petition is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation, or been adjudicated delinquent for committing any felony or a misdemeanor specified in s. 943.051(3) (b) . 2. Has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the Page 15 of 26 CODING: are deletions; words underlined are additions. hb0089-Q3~e1 FLORIDA HOUSE OF REPRESENTATIVE CS/CS/HB89, Engrossed 1 2014 arrest or alleged criminal activity to which the petition pertains. 3. Has never secured a prior sealing or expunction of a criminal history record under this section, s. 943.059, former s. 893.14, former s. 901.33, or former s. 943.058, unless expunction is sought of a criminal history record previously sealed for 10 years pursuant to paragraph (2)(h) and the record is otherwise eligible for expunction. 4. Is eligible for such an expunction to the best of his or her knowledge or belief and does not have any other petition to expunge or any petition to seal pending before any court. Any person who knowingly provides false information on such sworn statement to the court commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.-Prior to petitioning the court to expunge a criminal history record, a person seeking to expunge a criminal history record shall apply to the department for a certificate of eligibility for expunction. The department shall, by rule adopted pursuant to chapter 120, establish procedures pertaining to the application for and issuance of certificates of eligibility for expunction. A certificate of eligibility for expunction is valid for 12 months after the date stamped on the certificate when issued by Page 16 of 26 CODING: Words skiekeR are deletions; words underlined are additions. hb0089-03-e1 FLORIDA HOUSE OF REPRESENTATIVE CS/CS/HB89, Engrossed 1 2014 401 the department. After that time, the petitioner must reapply to 402 the department for a new certificate of eligibility. Eligibility 403 for a renewed certification of eligibility must be based on the 404 status of the applicant and the law in effect at the time of the 405 renewal application. The department shall issue a certificate of 406 eligibility for expunction to a person who is the subject of a 407 criminal history record if that person: 408 (a) Has obtained, and submitted to the department, a 409 written, certified statement from the appropriate state attorney 410 or statewide prosecutor which indicates: 411 i. That an indictment, information, or other charging 412 document was not filed or issued in the case. 413 2. That an indictment, information, or other charging 414 document, if filed or issued in the case, was dismissed or nolle 415 prosequi by the state attorney or statewide prosecutor, or was 416 dismissed by a court of competent jurisdiction, and that none of 417 the charges related to the arrest or alleged criminal activity 418 to which the petition to expunge pertains resulted in a trial, 419 without regard to whether the outcome of the trial was other 420 than an adjudication of guilt. 421 3. That the criminal history record does not relate to a 422 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, 423 s. 796.03, s. 800.04, s. 810.14, s.- 817.034, s. 825.1025, s. 424 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 425 893.135, s. 916.1075, a violation enumerated in s. 907.041, or Paae 17 of 26 CODING: Words sfriekeft are deletions; words underlined are additions. hb0089-03-e1 FLORIDA HOUSE 0 F REPRESENTATIVE 2014 CS/CS/HB89, Engrossed 1 any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, without regard to whether that offense alone is sufficient to require such registration, or for registration as a sexual offender pursuant to s. 943.0435, where the defendant was found guilty of, or pled guilty or nolo contendere to any such offense, or that the defendant, as a minor, was found to have committed, or pled guilty or nolo contendere to committing, such an offense as a delinquent act, without regard to whether adjudication was withheld. (b) Remits a $75 processing fee to the department for placement in the Department of Law Enforcement Operating Trust Fund, unless such fee is waived by the executive director. (c) Has submitted to the department a certified copy of the disposition of the charge to which the petition to expunge pertains. (d) Has never, prior to the date on which the application for a certificate of eligibility is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation, or been adjudicated delinquent for committing any felony or a misdemeanor specified in s. 943.051(3)(b). (e) Has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition to expunge pertains. Page 18 of 26 CODING; Words strieken are deletions; words underlined are additions. hb0089-03-e1 F 0 R I D A HOUSE 0 F REPRESENTATIV CS/CS/HBSQyr Engrossed 1 2014 451 (f) Has never secured a prior sealing or expunction of a 452 criminal history record under this section, s. 943,059, former 453 s. 893.14, former s, 901.33, or former s. 943.058, unless 454 expunction is sought of a criminal history record previously 455 sealed for 10 years pursuant to paragraph (h) and the record is 456 otherwise eligible for expunction. 457 (g) Is no longer under court supervision applicable to the 458 disposition of the arrest or alleged criminal activity to which 459 the petition to expunge pertains. 460 (h) Has previously obtained a court order sealing the 461 record under this section, former s. 893,14, former s. 901.33, 462 or former s, 943.058 for a minimum of 10 years because 463 adjudication was withheld or because all charges related to the 464 arrest or alleged criminal activity to which the petition to 465 expunge pertains were not dismissed prior to trial, without 466 regard to whether the outcome of the trial was other than an 467 adjudication of guilt. The requirement for the record to have 468 previously been sealed for a minimum of 10 years does not apply 469 when a plea was not entered or all charges related to the arrest 470 or alleged criminal activity to which the petition to expunge 471 pertains were dismissed prior to trial. 472 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.- 473 (a) In judicial proceedings under this section, a copy of 474 the completed petition to expunge shall be served upon the 475 appropriate state attorney or the statewide prosecutor and upon Page 19 of 26 CODING: Words sfrteKet are deletions; words underlined are additions. hb0089-G3-e1 FLORIDA HOUSE OF REPRESENTATIVE CS/CS/HB 89, Engrossed 1 2014 the arresting agency; howeverr it is not necessary to make any agency other than the state a party. The appropriate state attorney or the statewide prosecutor and the arresting agency may respond to the court regarding the completed petition to expunge. (b) If relief is granted by the court, the clerk of the court shall certify copies of the order to the appropriate state attorney or the statewide prosecutor and the arresting agency. The arresting agency is responsible for forwarding the order to any other agency to which the arresting agency disseminated the criminal history record information to which the order pertains. The department shall forward the order to expunge to the Federal Bureau of Investigation. The clerk of the court shall certify a copy of the order to any other agency which the records of the court reflect has received the criminal history record from the court. (c) For an order to expunge entered by a court prior to July 1, 1992, the department shall notify the appropriate state attorney or statewide prosecutor of an order to expunge which is contrary to law because the person who is the subject of the record has previously been convicted of a crime or comparable ordinance violation or has had a prior criminal history record sealed or expunged. Upon receipt of such notice, the appropriate state attorney or statewide prosecutor shall take action, within 60 days, to correct the record and petition the court to void Page 20 of 26 CODING: Words strieken are deletions; words underlined are additions. hb0089-03-e1 FLORIDA HOUSE OF REPRESENTATIVE 2014 CS/CS/HB89, Engrossed 1 the order to expunge. The department shall seal the record until such time as the order is voided by the court. (d) On or after July 1, 1992, the department or any other criminal justice agency is not required to act on an order to expunge entered by a court when such order does not comply with the requirements of this section. Upon receipt of such an order, the department must notify the issuing court, the appropriate state attorney or statewide prosecutor, the petitioner or the petitioner's attorney, and the arresting agency of the reason for noncompliance. The appropriate state attorney or statewide prosecutor shall take action within 60 days to correct the record and petition the court to void the order. No cause of action, including contempt of court, shall arise against any criminal justice agency for failure to comply with an order to expunge when the petitioner for such order failed to obtain the certificate of eligibility as required by this section or such order does not otherwise comply with the requirements of this section. (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.-Any criminal history record of a minor or an adult which is ordered expunged by a court of competent jurisdiction pursuant to this section must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the department must be retained in all cases. A criminal history Paqe 21 of 26 CODING: Words are deletions; words underlined are additions. hb0089-03~e1 FLORIDA HOUSE OF REPRESENTATIVE CS/CS/HB89, Engrossed 1 2014 record ordered expunged that is retained by the department is confidential and exempt from the provisions of s. 119.07(1} and s. 24(a), Art. I of the State Constitution and not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency may retain a notation indicating compliance with an order to expunge. (a) The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former s. 893,14, former s. 901.33, and former s. 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the subject of the record: 1. Is a candidate for employment with a criminal justice agency; 2. Is a defendant in a criminal prosecution; 3. Concurrently or subsequently petitions for relief under this section, s. 943.0583, or s, 943.059; 4. Is a candidate for admission to The Florida Bar; 5. Is seeking to be employed or licensed by or to contract with the Department of Children and Families, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee Page 22 of 26 CODING: Words stFteken are delefions; words underlined are additions. hb0089-03-e1 FLORIDA HOUSE OF REPRESENTATIVE 2014 CS/CS/HB89, Engrossed 1 551 in a sensitive position having direct contact with children, the 552 disabled, or the elderly; or 553 6, is seeking to be employed or licensed by the Department 554 of Education, any district school board, any university 555 laboratory school, any charter school, any private or parochial 556 school, or any local governmental entity that licenses child 557 care facilities. 558 (b) Subject to the exceptions in paragraph (a), a person 559 who has been granted an expunction under this section, former s. 560 893.14, former s. 901.33, or former s. 943.058 may not be held 561 under any provision of law of this state to commit perjury or to 562 be otherwise liable for giving a false statement by reason of 563 such person's failure to recite or acknowledge an expunged 564 criminal history record. 565 (c) Information relating to the existence of an expunged 566 criminal history record which is provided in accordance with 567 paragraph (a) is confidential and exempt from the provisions of 568 s. 119.07(1) and s. 24(a), Art. I of the State Constitution, 569 except that the department shall disclose the existence of a 570 criminal history record ordered expunged to the entities set 571 forth in subparagraphs (a)l., 4., 5., 6., and 7. for their 572 respective licensing, access authorization, and employment 573 purposes, and to criminal justice agencies for their respective 574 criminal justice purposes. It is unlawful for any employee of an 575 entity set forth in subparagraph (a)l., subparagraph (a)4., Paae 23 of 26 CODING: Words stfiekeft are deletions; words underlined are additions, hb0089-03-e1 FLORIDA HOUSE OF representative CS/CS/HB89, Engrossed 1 2014 subparagraph {a}5., subparagraph (a)6,, or subparagraph (a)7. to disclose information relating to the existence of an expunged criminal history record of a person seeking employment/ access authorization/ or licensure with such entity or contractor/ except to the person to whom the criminal history record relates or to persons having direct responsibility for employment, access authorization, or licensure decisions. Any person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (5) EXCEPTION FOR LAWFUL SELF-DEFENSE.-Notwithstanding the eligibility requirements prescribed in paragraph (1)(b) and subsection (2), the department shall issue a certificate of eligibility for expunction under this subsection to a person who is the subject of a criminal history record if that person: (a) Has obtained, and submitted to the department, on a form provided by the department, a written, certified statement from the appropriate state attorney or statewide prosecutor which states whether an information, indictment, or other charging document was not filed or was dismissed by the state attorney, or dismissed by the court, because it was found that the person acted in lawful self-defense pursuant to the provisions related to justifiable use of force in chapter 776. (b) Each petition to a court to expunge a criminal history record pursuant to this subsection is complete only when accompanied by: Page 24 of 26 CODING: Words sfffekett are deletions; words underlined are additions, hb0089-03-e1 F L 0 R DA HOUSE 0 F REPRESENTATIVE nur.iiri CS/CS/HB 89/ Engrossed 1 2014 1. A valid certificate of eligibility for expunction issued by the department pursuant to this subsection, 2. The petitioner's sworn statement attesting that the petitioner is eligible for such sn expunction to the best of his or her knowledge or belief. Any person who knowingly provides false information on such sworn statement to the court conunits a felony of the third degree, punishable as provided in s> 775.082, s. 775.083, or s. 775.084, (c) This subsection does not confer any right to the expunction of a criminal history record, and any request for expunction of a criminal history record may be denied at the discretion of the court. (d) Subsections (3) and (4) shall apply to expunction ordered under this subsection. (e) The department shall, by rule adopted pursuant to chapter 120, estaJolisIn procedures pertaining to the application for and issuance of certificates of eligibility for expunction under this subsection. STATUTORY REFERENCES.—Any reference to any other chapter, section, or subdivision of the Florida Statutes in this section constitutes a general reference under the doctrine of incorporation by reference. Section 12. This act shall take effect upon becoming a Page 25 of 26 CODING: Words sfrisken are deletions; words underlined are additions. hb0089-03-e1 L 0 R [ D A HOUSE OF REPRESENTATIVE CS/CS/HB89, Engrossed 1 2014 6 law. Page 26 of 26 CODING: Words sfttekeR are deletions; words underlined are additions. hb0G89-03-e1 Clarke, Valerie From; Sent: To; MPHammeri @aol.com Monday, March 10, 2014 3:41 PM Subject: SB-424 on Special Order TOMORROW MPHammeri @aol,com Attachments: March 10, 2104 TO: Senate Members FROM: Marion Hammer ALERT: SPECIAL ORDER CALENDAR for Tuesday, March 11, 2014 SB-424 Discrimination Against Gun Owners by Insurance Companies by Sen. Tom Lee Is on Special Order tomorrow. NRA and USF Strongly SUPPORT this bifi. ' There are cases of insurance companies in Florida refusing to provide Insurance to gun owners because they own guns, as well as cases where policies have been canceled or non-renewed based on the law ownership of firearms and the exercise of a constitutional right. This bill will help stop such practices, We urge you to support it. If you have questions, please don't hesitate to call me. My cell is 850-212-5411 Thanks for your support, Marion i \V\ Clarke, Valerie From: Sent: To; Subject: Attachments: l* IUMJL •HUUPIM* Simmons, David H. Tuesday, October 29, 2013 4:25 PM VANSMITHJEAN (VANSMITHJEAN@flsenate.gov); Suddes, Diane EW: SB 130 draft amendment ft OhS to Importance: JLV: Please send this to Bill Drafting and remind them that the caption/summary will need to be revised to conform to the revised bill, DHS From: VANSMITHJEAN [mailto:VANSMITHJEAN@fisenate.govj Sent: Tuesday, October 29, 2013 4:15 PM To: EVERS.GREG; MURZIN.DAVE; LEE.TOM; CIBULA.THOMAS; CUTTLER.CORI; SMITH.CHRIS; MORSE.STEPHANIE; scotts@pdo8.org; MPHammerl@aoi.com; jhoward@sal5.org; sgusky@flptia.org; jhogenmuller@myfpaa.org; Baxley, Dennis; Dennis, Debbie; Myers, Lamar Cc; Simmons, David H. . Subject: SB 130 draft amendment Dear Stakeholders, Senator Simmons asked me to email you draft language for an amendment to SB 13Q/SB 122. Senator Simmons has had discussions with the Public Defenders Association, Ms. Marion Hammer, and others regarding the draft. The attached language contains suggestions from one or more of them. Senator Simmons would like your comments and suggestions regarding this language. Senator Simmons has not filed t 1 CS for SB's 130 & 122 Florida Senate - 2014 By the Committee on Judiciary; and Senators Simmons and Smith 590-00460-14 2014130cl A bill to be entitled An act relating to the use of deadly force; amending ss. 30.60 and 166.0485, F,S,; directing the Department of Law Enforcement to develop a uniform training curriculum for county sheriffs and municipal police departments to use in training participants in neighborhood crime watch programs; amending s. 776.032, F.S.; providing that a person who is justified in using force is immune from criminal prosecution and civil action initiated by the person against whom the force was used; revising the definition of the term ^criminal prosecution"; clarifying that a law enforcement agency retains the authority and duty to fully investigate the use of force upon which an immunity may be claimed; amending s. 776.041, F.S.; providing that any reason, including immunity, used by an aggressor to justify the use of force is not available to the aggressor under specified circumstances; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 30.60, Florida Statutes, is amended to read: 30.60 Establishment of neighborhood crime watch programs.— (1) A county sheriff or municipal police department may establish neighborhood crime watch programs within the county or municipality. The participants of a neighborhood crime watch program shall include, but need not be limited to, residents of Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2014 CS for SB's 130 & 122 590-00460-14 2014130cl the county or municipality and owners of businesses located within the county or municipality. (2) The county sheriff or municipal police department shall issue reasonable guidelines for the operation of such programs. The guidelines must include, but are not limited to, prohibiting a neighborhood crime watch patrol participant, while on patrol/ from confronting or attempting to apprehend a person suspected of improper or unlawful activity; subject, however/ to those circumstances in which a reasonable person would be permitted, authQrized/ or expected to assist another person. The Deportment of Law Enfe-reemcnt shall dovolop a uniform training curriculum for tradrBring participanf-s in neighborhood crime watch programs. County sheriffo and municipal police departments shall use the—curriculum in training participants of such-programs. The training shall addroos, but need not'doe limited to, how ¦ to ¦¦¦roeegnizc and rcpo-rt- suspicious or unlawful: activity, crime prevention techniques, when a participant in—acrimo watch program is authorized or expected to assist ¦anothor pe-rson, the unlawful use of force, and conduct-that may unreasonably create or e-ocalatc a confrent-ation betweeru-a neighborhood watch parble-ipant and a pcr&en suspected of1 unlaw-ful activity Section 2. Section 166.0485, Florida Statutes, is amended to read: 166.0485 Establishment of neighborhood crime watch programs (1) A county sheriff or municipal police department may establish neighborhood crime watch programs within the county or municipality. The participants of a neighborhood crime watch Page 2 of 5 CODIITG: Words stricken are deletions; words underlined are additions. Florida Senate - 2014 GS for SB's 130 & 122 590-004 60-14 2014130cl program shall include, but need not be limited to, residents of the county or municipality and owners of businesses located within the county or municipality. (2) The county sheriff or municipal police department shall issue reasonable guidelines for the operation of such programs. The guidelines must include, but are not limited to, prohibiting a neighborhood crime watch patrol participant, while on patrol, from confronting or attempting to apprehend a person suspected of improper or unlawful activity, subject, however, to those circumstances in which a reasonable person would be permitted, authorized, or expected to assist another person. ¦The Department of Law Enforcomcnt shall devclop-a uniform training curriculum for training participants in noighhearheed: crime watch programs. County sheriffs'and municipal police dcpartmcnto shall use the curriculum in trai-ning participanto of -s-uch programs. The hra-i-ning shall address, bub-eueod not be limitod to, how to recognize and report suopiciouo or' unlawfrhi activity, erfmo prevention tcchnigucs, when a participant in—a crime watch program is authorized or expected-to assist anutheir person, the unlawful use e-f force, and—eeuduct tha-t • may unreasonably -e-rcate ¦ or cscalato a confrontation between-^- ncighberheed—watch participant and-a person suspected of unlawful activity. Section 3. Subsection (1) of section 776.032, Florida Statutes, is amended to read: 776.032 Immunity from criminal prosecution and civil action for justifiable use of force.— (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s, 776.031 is justified in using such force and is Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2014 CS for SB's 130 & 122 590-00460-14 2Q14130cl immune from criminal prosecution and civil action by the person, personal representative^ or heirs of the person/ against whom force was used for the use of such force, unless the person against whom force was used is a law enforcement officer, 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 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, with probable cause, arresting, taking into custody, or arresting,—detaining in custody,—and charging or prosecuting the defendant. This subsection does not restrict a law enforcement agency'" s authority and duty to fully and completely investigate the use of force upon which an immunity may be claimed or any event surrounding such use of force. (2) A defendant is entitled to an evidentiary hearing on a pretrial motion to dismiss an indictment or information by making a prima facia showing of the justifiable use of force. During the hearing, the state bears the burden of proving by a preponderance of the evidence that the defendant's use of force was not lawful. For purposes of the motion, the judge shall decide all factual disputes relating to the defendant's use of force, but any factual findings are not established for the purposes of any subsequent trial. The defendant's testimony is not admissible in a subseguent hearing or trial except for the purposes of impeachment. The denial of the defendant's motion to dismiss or any factual findings at the hearing do not preclude the defendant from raising any defense or presenting any Page 4 of 5 CODING: Words otrickon are deletions; words underlined are additions. Florida Senate - 2014 CS for SB's 130 & 122 590-00460-14 2014130cl evidence at trial. Section 4. Section 776.041, Florida Statutes, is amended to read: 776.041 Use of force by aggressor.—The justification described in the preceding sections of this chapter, including, but not limited to, the immunity provided for in s. 776.032, is not available to a person who: (1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or (2) Initially provokes the use of force against himself or herself, unless: (a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or (b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the. assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force, Section 5. This act shall take effect October 1, 2014, Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. Clarke, Valerie From: Simmons, David H. Sent: Tuesday, October 29, 2013 3:33 PM To: VANSMITMJEAN (VANSMITH.JEAN@flsenate.gov); Suddes, Diane Subject: 93747 David Simmons/Florida Senate: Attachments: g Of)S Jmportance: High 3LV: Please e-mail this around to a(l the stakeholders involved^ including the state attorneys; the PDs; Senators Lee, Evers, and Smith; Rep. Baxley; Marlon Hammer; Please tell them in the e-mail that I have had discussions with the Public Defenders Association, Marion Hammer, and others regarding SB 130. The Bill language contains suggestions from one or more of them. I am asking for ail of their comments regarding the attached revised SB 130. Tell them that I want to remind them alf that this document is simply a draft and ft is being sent in order to obtain comments and suggestions by all as this Bill moves through the Committee process. DHS 1 CS for SB's 130 S 122 Florida Senate - 2014 By the Committee on Judiciary; and Senators Simmons and Smith 590-004 60-14 2014130cl A bill to be entitled An act relating to the use of deadly force; amending ssÿ 30.60 and 166.0485, F.S.; directing the Department of Law Enforcement to develop a uniform training curriculum for county sheriffs and municipal police departments to use in training participants in neighborhood crime watch programs; amending s. 776.032, F.S.; providing that a person who is justified in using force is immune from criminal prosecution and civil action initiated by the person against whom the force was used; revising the definition of the term "criminal prosecution"; clarifying that a law enforcement agency retains the authority and duty to fully investigate the use of force upon which an immunity may be claimed; amending s. 776.041, F.S.; providing that any reason, including immunity, used by an aggressor to justify the use of force is not available to the aggressor under specified circumstances; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 30.60, Florida Statutes, is amended to read: 30,60 Establishment of neighborhood crime watch programs.— (1} A county sheriff or municipal police department may establish neighborhood crime watch programs within the county or municipality. The participants of a neighborhood crime watch program shall include, but need not be limited to, residents of Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate ^ 2014 CS for SB's 130 & 122 590-00460-14 2014130cl the county or municipality and owners of businesses located within the county or municipality. (2) The county sheriff or municipal police department shall issue reasonable guidelines for the operation of such programs. The guidelines must include, but are not limited to, prohibiting a neighborhood crime watch patrol participant, while on patrol, from confronting or attempting to apprehend a person suspected of improper or unlawful activity, subject, however, to those circumstances in which a reasonable person would be permitted, authorized, or expected to assist another person. -IhrQ Department of Law Enforcement shall develop a uniform h^adrning curriculum for training participants in neighborhood crime watch pr'ograain;:-.• County she-riffs and municipal police dcpartmcnta shall use the curriculum in training participants of auch programs. The training shall ad-d^ee-o, but nood not be limited 107—how to recognize and report'¦ Gu-spdre-jenr; or unlawful- activity, crime prevention techniques, when a participant in -a erdrffl-e-watch program is authorized or cKpccted- to -a-s-oist another1 person, the unlawful- noe of force, and conduct that may unreasonably create or cscalato a confrontation between-a neighborhood watch participant and a peroon auGpoctGd of unlawful activity. Section 2. Section 166.0485, Florida Statutes, is amended to read: 166.0485 Establishment of neighborhood crime watch programs (1) A county sheriff or municipal police department may establish neighborhood crime watch programs within the county or municipality. The participants of a neighborhood crime watch Page 2 of 5 CODING: Words stricjccn are deletions; words underlined are additions. Florida Senate - 2014 CS for SBTs 130 & 122 590-00460-14 2014130cl program shall include, but need not be limited to, residents of the county or municipality and owners of businesses located within the county or municipality, (2) The county sheriff or municipal police department shall issue reasonable quidelines for the operation of such programs. The guidelines must include, but are not limited to, prohibiting a neighborhood crime watch patrol participant, while on patrol, from confronting or attempting to apprehend a person suspected of improper or unlawful activity, subject, however, to those circumstances in which a reasonable person would be permitted, authorized, or expected to assist another person, training curriculum for b^adrning participants in neighborhood crime watch ¦ programs . County sheriffs- -and municipal police departments shall use the cunn-lculum in training partlcipa-ntp of such pnegrams. The training shall addre-s-s-, but need not be limited to, how to recognize and report ouspieireun- or unlawtrhl activity, crlmO prevention techniques, when a partielpant in a crime watch progr-am--d.s authorized or expected to assist another person-T—the-'unlawful use of' force, and conduct that may unreasonably create or cocafatc a confren-tat-lon betweon neighborhood watch participant and a person suDpectcd of unlawful activity. Section 3. Subsection (1) of section 776.032, Florida Statutes, is amended to read; 776.032 Immunity from criminal prosecution and civil action for justifiable use of force.— (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is Page 3 of 5 CODING; Words stricken are deletions; words underlined are additions. Florida Senate - 2014 CS for SB's 130 & 122 590-00460-14 2014130cl immune from criminal prosecution and civil action by the person, personal representative;, or heirs of the person; against whom force was used for the use of such force, unless the person against whom force was used is a law enforcement officer, 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 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, with probable cause, arresting, taking into custody, or arresting,—detaining in custody,—and charging or prosecuting the defendant. This subsection does not restrict a law enforcement agency7 s authority and duty to fully and completely investigate the use of force upon which an immunity may be claimed or any event surrounding such use of force. (2) A defendant is entitled to an evidentiary hearing on a pretrial motion to dismiss an indictment or information by making a prima facia showing of the justifiable use of force. During the hearing, the state bears the burden of proving by a preponderance of the evidence that the defendant's use of force was not lawful. For purposes of the motion, the judge shall decide all factual disputes relating to the defendant's use of force, but any factual findings are not established for the purposes of any subsequent trial. The defendant's testimony is not admissible in a subsequent hearing or trial except for the purposes of impeachment. The denial of the defendant's motion to dismiss or any factual findings at the hearing do not preclude the defendant from raising any defense or presenting any Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate — 2014 CS for SB's 130 & 122 590-00460-14 2014130cl evidence at trial. Section 4. Section 776.041, Florida Statutes, is amended to read: 776.041 Use of force by aggressor,—The justification described in the preceding sections of this chapter, including, but not limited to, the immunity provided for in s. 776.032, is not available to a person who: (1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or (2) Initially provokes the use of force against himself or herself, unless: (a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or (b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force. Section 5. This act shall take effect October 1, 2014. Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions.