Florida Senate - 2014 SENATOR AMENDMENT Bill No. CS/CS/HB 7051, 1st Eng. Ì593230sÎ593230 LEGISLATIVE ACTION Senate . House . . . Floor: FC/3R . 04/29/2014 11:56 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.