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

       Senator Smith moved the following:
    1         Senate Amendment (with title amendment)
    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.
   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.
   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.