FL S0438

Creates section 776.001 establishing legislative intent that defensive display of weapons or firearms, including warning shots, does not constitute use of deadly force and provides immunity from prosecution for lawful self-defense actions.

Defines "defensively displays a weapon or firearm" as overtly showing a weapon to cause an aggressor to believe the person will use force to defend life, home, or property, or effect a lawful arrest.

Provides immunity from prosecution for persons who defensively display weapons, issue defensive warnings, fire warning shots, use force, or use deadly force if they reasonably believed such actions were necessary to prevent or terminate unlawful activity.

Specifies that persons are not required to defensively display a weapon or issue a warning before using force if otherwise justified, and exempts from immunity those who intentionally provoked another or were attempting to commit or had just committed an unlawful activity.

Amends section 776.06 to clarify deadly force definitions apply to law enforcement and correctional officers; creates section 775.0878 requiring courts to impose downward departures from mandatory minimum sentences for aggravated assault or battery convictions when the defendant acted with defensive intent and the mandatory minimum is not necessary for public protection.