Simon refiles proposal to prohibit citizen’s arrest with exceptions

TALLAHASSEE, Fla. – Sen. Corey Simon, R-Tallahassee, filed a bill that limits when citizen’s arrest can be used in Florida.

SB 834 declares that it is the legislature’s intent to repeal any common-law remedy of citizen’s arrest. The proposal said a private person who is not a law enforcement officer may not arrest another person for violating Florida laws.

There are exceptions, according to the bill. It does not apply to a law enforcement officer who is acting outside of his or her jurisdiction.

That officer is able to arrest someone who commits a felony in their presence or if the arresting officer believes that the person they are arresting committed the felony.

Under the legislation, a person is able to detain someone until law enforcement arrives, without using deadly force, if that person illegally entered their dwelling, vehicle, or vessel.

An identical bill was filed by Rep. Christopher Benjamin, D-Miami Gardens.

According to the law firm Thomas & Paulk, there is not a specific Florida statute addressing citizen’s arrest.

“But common law dictates that such an arrest can be made in instances where a felony or breach of the peace has been committed or attempted,” the attorney’s website said.

Simon filed the bill for the 2023 Legislative Session, but it died in committee. Rep. Christopher Benjamin, D-Miami Gardens, and Rep. Marie Paule Woodson, D-Hollywood, had filed an identical bill to Simon’s, which also died in its first committee.