Title: Citizen's Arrest

Summary: Abrogating the common-law remedy of citizen's arrest; prohibiting a private person who is not a law enforcement officer from arresting another person; providing exceptions, etc.

Full Text:
An act relating to citizen s arrest; creating s. 901.001, F.S.; abrogating the common-law remedy of citizen s arrest; prohibiting a private person who is not a law enforcement officer from arresting another person; providing exceptions; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 901.001, Florida Statutes, is created to read: 901.001   Citizen s arrest.  (1)   It is the intent of the Legislature to abrogate any common-law remedy of citizen s arrest. A private person who is not a law enforcement officer as defined in s. 943.10(1) may not arrest another person for a violation of the laws of this state. (2)   This section does not apply to: (a)   A person who is a law enforcement officer as defined in s. 943.10(1) who is acting outside of his or her jurisdiction. Such an officer may arrest a person who commits a felony in his or her presence or arrest a person when a felony has been committed and when the arresting officer has probable cause to believe, and does believe, that the person arrested committed the felony. (b)   A person who detains, without use of deadly force, a person who has illegally entered his or her dwelling, vehicle, or vessel until the arrival of a law enforcement officer. Section 2. This act shall take effect July 1, 2023.