Florida Senate - 2023 SB 812
By Senator Simon
3-01159-23 2023812__
1 A bill to be entitled
2 An act relating to citizenâs arrest; creating s.
3 901.001, F.S.; abrogating the common-law remedy of
4 citizenâs arrest; prohibiting a private person who is
5 not a law enforcement officer from arresting another
6 person; providing exceptions; providing an effective
7 date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1.âSection 901.001, Florida Statutes, is created to
12 read:
13 901.001âCitizenâs arrest.â
14 (1)âIt is the intent of the Legislature to abrogate any
15 common-law remedy of citizenâs arrest. A private person who is
16 not a law enforcement officer as defined in s. 943.10(1) may not
17 arrest another person for a violation of the laws of this state.
18 (2)âThis section does not apply to:
19 (a)âA person who is a law enforcement officer as defined in
20 s. 943.10(1) who is acting outside of his or her jurisdiction.
21 Such an officer may arrest a person who commits a felony in his
22 or her presence or arrest a person when a felony has been
23 committed and when the arresting officer has probable cause to
24 believe, and does believe, that the person arrested committed
25 the felony.
26 (b)âA person who detains, without use of deadly force, a
27 person who has illegally entered his or her dwelling, vehicle,
28 or vessel until the arrival of a law enforcement officer.
29 Section 2.âThis act shall take effect July 1, 2023.