Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS/CS/HB 7051, 1st Eng.
Ì593230sÎ593230
LEGISLATIVE ACTION
Senate . House
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Floor: FC/3R .
04/29/2014 11:56 AM .
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Senator Smith moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 824 and 825
4 insert:
5 Section 19. Subsection (2) of section 776.041, Florida
6 Statutes, is amended to read:
7 776.041 Use of force by aggressor.—The justification
8 described in the preceding sections of this chapter is not
9 available to a person who:
10 (2) Initially provokes the use of force against himself or
11 herself, unless:
12 (a) Such force is so great that the person reasonably
13 believes that he or she is in imminent danger of death or great
14 bodily harm and that he or she has exhausted every reasonable
15 means to escape such danger other than the use of force which is
16 likely to cause death or great bodily harm to the assailant; or
17 (b) In good faith, the person withdraws from physical
18 contact with the assailant and indicates clearly to the
19 assailant that he or she desires to withdraw and terminate the
20 use of force, but the assailant continues or resumes the use of
21 force.
22
23 For purposes of this subsection, provocation must include the
24 use of force or threat of force.
25 Section 20. Section 776.09, Florida Statutes, is created to
26 read:
27 776.09 Justifiable use of force; legislative intent.—The
28 use of force authorized by this chapter is not intended to
29 encourage vigilantism or acts of revenge, authorize the
30 initiation of a confrontation as a pretext to respond with
31 deadly force, or negate a duty to retreat for persons engaged in
32 unlawful mutual combat.
33
34 ================= T I T L E A M E N D M E N T ================
35 And the title is amended as follows:
36 Between lines 40 and 41
37 insert:
38 776.041, F.S.; providing that provocation must include
39 the use of force or the threatened use of force;
40 creating s. 776.09, F.S.; providing legislative
41 intent; amending s.