F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 25 2023
1 A bill to be entitled
2 An act relating to citizen's arrest; creating s.
3 901.001, F.S.; abrogating the common law and
4 prohibiting citizen's arrests; providing exceptions;
5 providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Section 901.001, Florida Statutes, is created
10 to read:
11 901.001 Citizen's arrest.—
12 (1) It is the intent of the Legislature to abrogate any
13 common-law remedy of citizen's arrest. A private person who is
14 not a law enforcement officer, as defined in s. 943.10(1), may
15 not arrest another person for a violation of the laws of the
16 state.
17 (2) This section does not apply to:
18 (a) A person who is a law enforcement officer, as defined
19 in s. 943.10(1), who is acting outside of his or her
20 jurisdiction. Such an officer may arrest a person who commits a
21 felony in his or her presence or arrest a person when a felony
22 has been committed and when the arresting officer has probable
23 cause to believe, and does believe, that the person arrested
24 committed the felony.
25 (b) A person who detains, without use of deadly force, a
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 25 2023
26 person who has illegally entered his or her dwelling, vehicle,
27 or vessel until the arrival of a law enforcement officer.
28 Section 2. This act shall take effect July 1, 2023.
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