Florida Statutes

Fla. Stat. § 776.012 (2025)

Use or threatened use of force in defense of person.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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776.012 Use or threatened use of force in defense of person.—

(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.

(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

History.—s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27; s. 3, ch. 2014-195.

Notes of Decisions

Cited in 265 cases (75 in the last 5 years), 1978–2026 · leading case: Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013).

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Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013). · cites it 32× “Section 776.012, Florida Statutes (2004), permitted the use of deadly force if a person “reasonably believes that such, force is necessary' *220 to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible…”

Harvey M. Hill v. State, 143 So. 3d 981 (Fla. 4th DCA 2014). · cites it 27× “(West) (to be codified at § 776.012, Fla. Stat.). The effective date of the new amendment is June 20, 2014.”

Garrett v. State, 148 So. 3d 466 (Fla. 1st DCA 2014). · cites it 14× “We note that section 776.012, Florida Statutes (2011), has since been amended to include the "unlawful activity” preclusion contained in 776.”

Timothy Davis, Sr. v. City of Apopka, 78 F.4th 1326 (11th Cir. 2023). · cites it 7× “A panel of this Court re- manded the case for the district court to address in the first instance Davis’ argument that, in light of Florida’s “Stand Your Ground” law, Fla. Stat. §§ 776.012 (2), 776.032, the officers lacked actual prob- able cause to arrest him because his use of…”

Wyche v. State, 170 So. 3d 898 (Fla. 3d DCA 2015). · cites it 17× “§ 776.012, Fla. Stat. (2010).2 2 The Florida Legislature passed a new version of §776.”

John Thomas Dorsey v. State, 149 So. 3d 144 (Fla. 4th DCA 2014). · cites it 12× “3 (citing § 776.012, Fla. Stat. (2014)). Thus, defendant would not get the benefit of Stand Your Ground under the amendment.”

Hill v. State, 688 So. 2d 901 (Fla. 1996). · cites it 10× “Hill's memorandum in opposition did not directly address the State's argument but instead argued that Hill was entitled to present this evidence to establish the statutory defense found in section 776.012, Florida Statutes (1993), entitled "Use of force in defense of person.”

Andujar-Ruiz v. State, 205 So. 3d 803 (Fla. 2d DCA 2016). · cites it 10× “2d DCA 2013), in which this court held that a defendant engaged in unlawful activity is not precluded from seeking immunity under section 776.012, Florida Statutes (2011),3 even though the same unlawful activity would prevent him or her from obtaining the immunity under section…”

In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008). · cites it 9× “See § 776.012, Fla. Stat.; Ivester v. State, 398 So.”

State of Florida v. Robert Franklin Floyd, 186 So. 3d 1013 (Fla. 2016). · cites it 4× “§ 776.012, Fla. Stat. (2010) (emphasis supplied).”

Trevor Dooley v. State of Florida, 268 So. 3d 880 (Fla. 2d DCA 2019). · cites it 15× “032(1) expressly provides for immunity based on the use of force as permitted in section 776.012. Id. at 219-21. We concluded in Little that while the defendant's status of being a felon in illegal possession of a firearm may have precluded him from availing himself of the…”

Roberts v. State, 168 So. 3d 252 (Fla. 1st DCA 2015). · cites it 15× “§ 776.012, Fla. Stat. (2009). Section 776.”

Show all 265 citing cases →

— 776.012(1) — 53 cases

Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013). “Section 776.012, Florida Statutes (2004), permitted the use of deadly force if a person “reasonably believes that such, force is necessary' *220 to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible…”

Harvey M. Hill v. State, 143 So. 3d 981 (Fla. 4th DCA 2014). “(West) (to be codified at § 776.012, Fla. Stat.). The effective date of the new amendment is June 20, 2014.”

Trevor Dooley v. State of Florida, 268 So. 3d 880 (Fla. 2d DCA 2019). “032(1) expressly provides for immunity based on the use of force as permitted in section 776.012. Id. at 219-21. We concluded in Little that while the defendant's status of being a felon in illegal possession of a firearm may have precluded him from availing himself of the…”

Garrett v. State, 148 So. 3d 466 (Fla. 1st DCA 2014). “We note that section 776.012, Florida Statutes (2011), has since been amended to include the "unlawful activity” preclusion contained in 776.”

Andujar-Ruiz v. State, 205 So. 3d 803 (Fla. 2d DCA 2016). “2d DCA 2013), in which this court held that a defendant engaged in unlawful activity is not precluded from seeking immunity under section 776.012, Florida Statutes (2011),3 even though the same unlawful activity would prevent him or her from obtaining the immunity under section…”

— 776.012(2) — 56 cases

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-07., 257 So. 3d 908 (Fla. 2018).

State of Florida v. Peter Peraza, 259 So. 3d 728 (Fla. 2018).

Willie Jefferson v. State of Florida, 264 So. 3d 1019 (Fla. 2d DCA 2018).

Viera v. State, 163 So. 3d 602 (Fla. 3d DCA 2015).

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