Cases from cite.case.law:

H. FLETCHER, v. STATE, 273 So. 3d 1187 (Fla. App. Ct. 2019)

. . . law confers immunity from prosecution if an individual uses deadly force in accordance with section 776.012 . . . Section 776.012(2), allows an individual to use or threaten to use deadly force "if he or she reasonably . . . To be clear, section 776.012(2) permits deadly force if the person reasonably believes that using such . . .

DOOLEY, v. STATE, 268 So. 3d 880 (Fla. App. Ct. 2019)

. . . Dooley's "Stand Your Ground" defense under sections 776.012 and 776.013(3), Florida Statutes (2010). . . . Dooley argues, there was no such limitation on the defense available under section 776.012(1). . . . The requirements under sections 776.012(1) and 776.013(3) are not identical. . . . Under section 776.012(1), a person would have to prove that he or she reasonably believed the use of . . . And that was simply not true under the applicable version of section 776.012(1). . . .

WATERS, v. STATE, 267 So. 3d 538 (Fla. App. Ct. 2019)

. . . counsel was ineffective for: convincing him not to pursue a Stand Your Ground defense under section 776.012 . . . sufficient sub-claim that trial counsel should have pursued Stand Your Ground immunity under section 776.012 . . . was engaged in unlawful activity, which instruction deprived the appellant of a defense under section 776.012 . . . and sought immunity from prosecution under section 776.012, the outcome would have been different. . . . (Fla. 2d DCA [April 10,] 2013) (certifying a conflict with Hill and holding a defense under section 776.012 . . .

GRANT, v. STATE, 266 So. 3d 203 (Fla. App. Ct. 2019)

. . . Section 776.012 governs the justifiable use of force in defense of person and provides that a person . . . or herself or another" if the person reasonably believes that it is necessary to use such force. § 776.012 . . .

JEFFERSON, v. STATE, 264 So. 3d 1019 (Fla. App. Ct. 2018)

. . . denying his motion to dismiss asserting Stand Your Ground immunity from prosecution under sections 776.012 . . . Ground immunity from prosecution because he acted in justifiable self-defense, as defined in section 776.012 . . . Stat. (2005) ("A person who uses force as permitted in [ section] 776.012, [ section] 776.013, or [ section . . . true, the alleged facts set forth in the motion support the elements of self-defense in either section 776.012 . . . Section 776.012(2) provides that "[a] person is justified in using or threatening to use deadly force . . .

DAVIS, Sr. v. CITY OF APOPKA III, 356 F. Supp. 3d 1366 (M.D. Fla. 2018)

. . . "actual probable cause" standard in light of Florida's "Stand Your Ground" law, Florida Statutes §§ 776.012 . . . To those considerations, Florida's Stand Your Ground law, Florida Statutes §§ 776.012 and 776.032, adds . . . Stat. § 776.012(2). . . .

STATE v. PERAZA,, 259 So. 3d 728 (Fla. 2018)

. . . UNDER SECTION 776.05(1), OR IS ALSO PERMITTED TO SEEK IMMUNITY FROM CRIMINAL PROSECUTION UNDER SECTIONS 776.012 . . . Section 776.012, part of the Stand Your Ground law, provides in pertinent part that a person is justified . . . is necessary to prevent imminent death or great bodily harm to himself or herself or another .... § 776.012 . . . Stand Your Ground law, provides in relevant part that [a] person who uses force as permitted in s. 776.012 . . . As the circuit court correctly found in this case, because sections 776.012(1)'s and 776.032(1)'s plain . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 908 (Fla. 2018)

. . . Give if applicable. §§ 776.012(2), 776.031(2), Fla. Stat. . . . See § 776.012, Fla. Stat.; Ivester v. State, 398 So.2d 926 (Fla. 1st DCA 1981); Jackson v. . . . The words within the first set of brackets should be read if the jury is instructed on either § 776.012 . . . In defense of person. §§ 776.012(1), 776.013(1), Fla. Stat. Give if applicable. . . . See § 776.012, Fla. Stat.; Ivester v. State, 398 So.2d 926 (Fla. 1st DCA 1981); Jackson v. . . .

EDWARDS, v. STATE, 257 So. 3d 586 (Fla. App. Ct. 2018)

. . . by section 776.032, Florida Statutes (2017), where the use of force is justified pursuant to section 776.012 . . .

FULLER, v. STATE, 257 So. 3d 521 (Fla. App. Ct. 2018)

. . . was engaged in an unlawful activity as the circumstances involved in the shooting fell under section 776.012 . . .

MEDINA, v. STATE, 254 So. 3d 1148 (Fla. App. Ct. 2018)

. . . Section 776.012(1), Florida Statutes (2013) lacked the unlawful activity element, but required that the . . . See § 776.012(1), Fla. Stat. (2013) ; see also Little v. . . . noting that a defendant engaged in unlawful activity could seek Stand Your Ground immunity under section 776.012 . . . Section 776.012 has since been amended to require that a shooter not be engaged in criminal activity. . . . See § 776.012, Fla. Stat. (amended 2014). . . .

LANGEL, v. STATE, 255 So. 3d 359 (Fla. App. Ct. 2018)

. . . See § 776.012(2), Fla. Stat. . . .

JACKSON, v. STATE, 253 So. 3d 738 (Fla. App. Ct. 2018)

. . . ." § 776.012(2), Fla. Stat. . . .

HIGHT Jr. v. STATE, 253 So. 3d 1137 (Fla. App. Ct. 2018)

. . . . § 776.012(1), Fla. Stat.; Kumar v. Patel , 227 So.3d 557, 559 (Fla. 2017). . . .

MORALES, v. STATE, 251 So. 3d 167 (Fla. App. Ct. 2018)

. . . , Florida Statutes (2014), provides: A person who uses or threatens to use force as permitted in s. 776.012 . . . The self-defense statute, section 776.012(2), Florida Statutes (2014), provides: A person is justified . . .

BAILEY, v. STATE, 246 So. 3d 555 (Fla. App. Ct. 2018)

. . . by the preponderance of the evidence that he is immune from prosecution pursuant to § 776.032 and § 776.012 . . .

LOVE, v. STATE, 247 So. 3d 609 (Fla. App. Ct. 2018)

. . . that the defendant was not justified in using or threatening to use force as permitted in sections 776.012 . . .

C. M. v. STATE, 234 So. 3d 837 (Fla. Dist. Ct. App. 2018)

. . . State, 906 So.2d 1115, 1115 (Fla. 2d DCA 2005); see § 776.012, Fla. Stat. (2015); cf. M.L.J. v. . . .

PINKNEY, v. SECRETARY, DOC,, 876 F.3d 1290 (11th Cir. 2017)

. . . . § 776.012(2). . . .

STATE v. CHAVERS,, 230 So. 3d 35 (Fla. Dist. Ct. App. 2017)

. . . Chavers filed a motion to dismiss based on immunity under sections 776.012(2) and 776.032(1), Florida . . . Chavers sought immunity from prosecution under sections 776.032(1) and 776.012(2), Florida Statutes ( . . . See §§ 776.032, 776.012, 776.013, and 776.031, Fla. Stat. (2016). . . . See § 776.012, Fla. Stat. (2016). . . . is imported into section 776.032 under the section 776.012(2) path for immunity. . . .

M. PILEGGI, v. STATE, 232 So. 3d 415 (Fla. Dist. Ct. App. 2017)

. . . As it read in 2010, section 776.012 of Florida’s Stand Your Ground law stated, in pertinent part: [A] . . . commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013. § 776.012 . . . duty to retreat and may use deadly force if he or she reasonably believes deadly force is necessary. § 776.012 . . .

UNITED STATES v. WALLEN,, 874 F.3d 620 (9th Cir. 2017)

. . . . § 776.012(1) (same); Ga. Code Ann. § 16-3-21(a) (same); 720 Ill. Comp. . . .

EADY, v. STATE, 229 So. 3d 434 (Fla. Dist. Ct. App. 2017)

. . . this jury instruction deprived him of his sole defense, which was self-defense pursuant to section 776.012 . . . Here, Eady raised his theory of self-defense under tHe 2012 version of section 776.012. . . . At the time of Eady’s charged criminal conduct in 2012, section 776.012(1) read, in relevant part, as . . . of section 776.012(1) did not impose a duty to retreat upon a defendant engaged in unlawful activity . . . The plain language of the applicable 2012 version of section 776.012(1) required no such thing. . . .

KUMAR, v. C. PATEL,, 227 So. 3d 557 (Fla. 2017)

. . . . § 776.012(1), Fla. Stat. (2008). . . . for a person who lawfully uses force in self-defense: (1) A person who uses force as permitted in s. 776.012 . . .

ST. PIERRE, v. STATE, 228 So. 3d 583 (Fla. Dist. Ct. App. 2017)

. . . Appellant correctly points out that the 2012 version of section 776.012 did not require him to prove . . .

STATE v. PERAZA,, 226 So. 3d 937 (Fla. Dist. Ct. App. 2017)

. . . The court found that the officer was entitled to immunity from prosecution under sections 776.012(1) . . . In 2013, section 776.012(1) provided: [A] person is justified in the use of deadly force and does not . . . Section 776.032(1) provided, in pertinent part: A person who uses force as permitted in s. 776.012 .. . . . In 2013, section 776.012(1) provided: [A] person is justified in the use of deadly force and does not . . . Section 776.032(1) provided, in pertinent part: A person who uses force as permitted in s. 776.012 .. . . .

I. ERMINI, f k a I. v. SCOTT,, 249 F. Supp. 3d 1253 (M.D. Fla. 2017)

. . . The Florida Stand Your Ground law, codified in Florida Statutes §§ 776.012 and 776.013, substantially . . .

A. REID, v. STATE, 213 So. 3d 1110 (Fla. Dist. Ct. App. 2017)

. . . section provides in pertinent part that “[a] person who uses or threatens to use force as permitted in s. 776.012 . . . Section 776.012, Florida Statutes (2016), further provides that “[a] person is justified in using or . . . conduct is necessary to defend himself or herself against the other’s imminent use of unlawful force.” § 776.012 . . . There is no duty to retreat under these circumstances. § 776.012(1), Fla. Stat. (2016). . . .

YOUNG, Co- Co- v. S. BORDERS,, 850 F.3d 1274 (11th Cir. 2017)

. . . . § 776.012(2) (2014). . . .

EARLY, v. STATE, 223 So. 3d 1023 (Fla. Dist. Ct. App. 2017)

. . . necessary to use deadly force to prevent imminent death or great bodily harm to himself . under section 776.012 . . . , Section 776.032(1) provides that a person using force as permitted by sections 776.012, 776.013, or . . .

B. LAHENS, v. STATE, 204 So.3d 982 (Fla. Dist. Ct. App. 2016)

. . . providing immunity from criminal prosecution or civil action where person uses force authorized by sections 776.012 . . .

ANDUJAR- RUIZ, v. STATE, 205 So. 3d 803 (Fla. Dist. Ct. App. 2016)

. . . that a defendant engaged in unlawful activity is not precluded from seeking immunity under section 776.012 . . . he was entitled to immunity under the Stand Your Ground law as provided for in sections 776.032 and 776.012 . . . Section 776.032(1) provides that persons using force as permitted under sections 776.012, 776.013, or . . . Here, because Andujar-Ruiz was entitled to raise a defense under section 776.012(1), the trial court’ . . . find that Andujar-Ruiz retreated before resorting to force, contrary to the plain language of section 776.012 . . .

STATE v. JACKSON,, 204 So.3d 958 (Fla. Dist. Ct. App. 2016)

. . . .” § 776.012(2), Fla. Stat. (2007). . . .

DOOLEY, v. STATE, 206 So.3d 87 (Fla. Dist. Ct. App. 2016)

. . . trial court gave essentially conflicting instructions on justifiable use of force based on sections 776.012 . . .

MARTY, v. STATE, 210 So. 3d 121 (Fla. Dist. Ct. App. 2016)

. . . .” § 776.012(2). . . . .” § 776.012(1). . . . Compare §§ 776.012(2), .031(2), 782.02, with §§ 776.012(1), .031(1). . . . prevent an “imminent use of unlawful force” or “tortious ... interference with” his property, see §§ 776.012 . . . bodily harm,” or that Valenzuela would commit a forcible felony against him or his property, see §§ 776.012 . . .

PIERCE, v. STATE, 198 So. 3d 1051 (Fla. Dist. Ct. App. 2016)

. . . Florida’s Stand Your Ground law is codified in sections 776.012 and 776.013. . . . Section 776.012, Florida Statutes (2010) (amended 2014), provides: Use of force in defense of person . . . “Unlike section 776.013, section 776.012(1) does not -mention that the protections of the statute are . . . As such, courts have held that, when a defense is based only on section 776.012(1), it is an abuse of . . . In the instant case, because appellant re lied on both sections 776.012 and 776.013 in his defense, and . . .

C. PATEL, v. KUMAR,, 196 So. 3d 468 (Fla. Dist. Ct. App. 2016)

. . . In pertinent part, section 776.032 provides: (1) A person who uses force as permitted in s. 776.012, . . . June 17, 2014, to provide immunity to those who use or threaten to use force as permitted in sections 776.012 . . . must prove by a preponderance of the evidence that his or her use of force was lawful under sections 776.012 . . .

E. COOK, v. STATE, 192 So. 3d 681 (Fla. Dist. Ct. App. 2016)

. . . Cook relies on section 776.012(1), Florida Statutes (2010), which provides that [a] person is justified . . . We conclude that section 776.041(1)—providing that self-defense as defined in section 776.012 is unavailable . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 191 So. 3d 411 (Fla. 2016)

. . . See § 776.012, Fla. Stat.; Ivester v. State, 398 So.2d 926 (Fla. 1st DCA 1981); Jackson v. . . . In some instances,-ihc-instmctions-ap-pUeable4o-4§.776.012, 776,-QU-,-&r-m,Q)k Fla-. . . . In defense of person. '§ 776.012(1), Fla. Stat. Give if applicable. . . . See § 776.012, Fla. Stat.; Ivester v. State, S98 So.2d 926 (Fla. 1st DCA 1981); Jackson v. . . . In-seme-instances, the instructions applicable~to ■§§ 776.012, 77-6Mly or 776.0U, Fh. . . .

NAVARRO, v. STATE, 190 So. 3d 212 (Fla. Dist. Ct. App. 2016)

. . . Section 776.012, Florida Statutes (2013), i.e., the “stand your ground” law, provides in pertinent part . . . While section 776.013, Florida Statutes- (-2013), requires an element of home protection, section 776.012 . . .

STATE v. FLOYD,, 186 So. 3d 1013 (Fla. 2016)

. . . 'Section 776.012, “Use" óf force in defense of person,” discusses the use of force, both deadly and nori-deadly . . . commission of a forcible felony, or (2) Under those . circumstances permitted pursuant-to s. 776.013. § 776.012 . . . provides immunities from criminal prosecution and civil actions for conduct justified under sections 776.012 . . . See §§ 776.012-.013, 776.031-.032, Fla. Stat. . . .

RUDIN, v. STATE, 182 So. 3d 724 (Fla. Dist. Ct. App. 2015)

. . . . § 776.012(2), Fla. Stat. (2014). . . . Section 776.032 provides further that a person who uses deadly force as permitted in section 776.012 . . .

SPIRES, v. STATE, 180 So. 3d 1175 (Fla. Dist. Ct. App. 2015)

. . . firearm, possession of a firearm by a convicted felon, and tampering with a witness, pursuant to sections 776.012 . . . demonstrate by a preponderance of the evidence that he was entitled to statutory immunity under1 sections 776.012 . . .

ROBINSON, v. STATE, 175 So. 3d 887 (Fla. Dist. Ct. App. 2015)

. . . other district courts holding that a person may claim justifiable use of deadly force under section 776.012 . . . the trial court incorrectly stated that granting Robinson’s request for an instruction under section 776.012 . . . ROBERTS, C.J., and SWANSON, J., concur. . 776.012 Use of force in defense of pérson.— A person is justified . . . commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013. § 776.012 . . .

J. FORD, v. STATE, 172 So. 3d 1003 (Fla. Dist. Ct. App. 2015)

. . . reversibly erred by failing to instruct the jury on Appellant’s theory of self-defense based on section 776.012 . . . So.3d 169, 171-72 (Fla. 5th DCA 2015) (holding that “a defendant could assert immunity under section 776.012 . . . , 143 So.3d 981, 984-86 (Fla. 4th DCA 2014) [en banc) (holding that the defense provided in section 776.012 . . . The Legislature has resolved the problem now before us by amending section 776.012, effective June 20 . . . , 2014, to grant immunity only to a person "not engaged in criminal activity.” § 776.012, Fla. . . . I recognize this weight of authority, but I cannot conclude that the second sentence of section 776.012 . . . specific unlawful activity exception of section 776.013(3) applies to the general rule stated in section 776.012 . . . Legislature amended chapter 776 in 2014 to repeat the criminal activity exception expressly within section 776.012 . . . However, the court in Pages construed only the first sentence of section 776.012 dealing with non-deadly . . . reversible error when it failed to instruct the jury on Appellant’s theory of self-defense based on section 776.012 . . .

ARAUZ, v. STATE, 171 So. 3d 160 (Fla. Dist. Ct. App. 2015)

. . . See Sections 776.012 and 776.08, Florida' Statutes (2013) defining sexual battery as a "forcible felony . . .

WYCHE, v. STATE, 170 So. 3d 898 (Fla. Dist. Ct. App. 2015)

. . . the trial court is standard jury instruction 3.6(f), which incorporates, in relevant part, sections 776.012 . . . Chapter 776 begins with section 776.012, the statute that addresses when the use of force is legally . . . Section 776.012 provides as follows: A person is justified in using force, except deadly force, against . . . from criminal prosecution and civil action for the justifiable use of force as permitted in sections 776.012 . . . The Florida Legislature passed a new version of § 776.012 effective June 20, 2014, that clarifies that . . . this case properly encompasses the statutes governing the use of force in defense of person (section 776.012 . . . ), circumstances in which there is no duty to retreat (sections 776.012 and 776.013), and use of force . . .

BRETHERICK, v. STATE, 170 So. 3d 766 (Fla. 2015)

. . . The Stand Your Ground law provides that when a person uses force as permitted by sections 776.012, 776.013 . . . prosecution and civil action for justifiable use of force.— (1) A person who uses force as permitted in § 776.012 . . . (providing that the use of force is justified only when used as permitted by sections 776.012, 776.013 . . . Section 776.012, Florida Statutes (2011), provides: A person is justified in using force, except deadly . . .

ROBERTS, v. STATE, 168 So. 3d 252 (Fla. Dist. Ct. App. 2015)

. . . Duty to Retreat — §§ 776.012(1), 776.013(3), and 776.Oil, Fla. . . . Section 776.012 stated: [A] person is justified in the use of deadly force and does not have a duty to . . . However, under section 776.012, there was no requirement that the defendant not have been engaged in . . . Here, instructions reflecting sections 776.012(1), 776.013(3), and 776.041(2) were read to the jury. . . . Section 776.012(2), Florida Statutes (2014) now states a defendant may stand his or her ground only if . . .

ROSARIO, v. STATE, 165 So. 3d 852 (Fla. Dist. Ct. App. 2015)

. . . The petitioner argued that his use of force was justified under section 776.012, Florida Statutes (2011 . . . Court. • The petition argued that the trial court impermissibly applied the 2014 amendment to section 776.012 . . . occurred in 2011; therefore, the petitioner was entitled to application of the 2011 version of section 776.012 . . . Section 776.012(1), Florida Statutes (2011), provided: A person is justified in using force, except deadly . . . On June 20, 2014, the Governor signed into law the HB 89 amendments to section 776.012, Florida Statutes . . .

VIERA, v. STATE, 163 So. 3d 602 (Fla. Dist. Ct. App. 2015)

. . . the Stand Your Ground law, provides: A-person who uses or threatens to use force as permitted in s. 776.012 . . . criminal prosecution and civil action for the use or threatened use of such force by the person ..." § 776.012 . . .

McGRIFF, v. STATE, 160 So. 3d 167 (Fla. Dist. Ct. App. 2015)

. . . Section 776.012(1), Florida Statutes (2010) — the sole statute on which Appellant’s self-defense claim . . . firearm did not apply to the jury’s consideration of whether [he] had a duty to retreat under section 776.012 . . . State, 143 So.3d 981, 984 (Fla. 4th DCA 2014) (en banc) (holding that the defense provided in section 776.012 . . . However, the focus of Dorsey I was on the defense provided by section 776.013(3), not section 776.012 . . . unlawful activity had a duty to retreat when the defendant’s self-defense claim was based on section 776.012 . . .

MAYO, Jr. v. STATE, 159 So. 3d 917 (Fla. Dist. Ct. App. 2015)

. . . See §§ 776.082 and 776.012(1), Fla. Stat. (2009). . . . law prior to its amendment in 2014, a defendant could assert immunity from prosecution under section 776.012 . . . murder (reduced to aggravated battery) based on “Stand your Ground” immunity under sections 776.032 and 776.012 . . . present-existing exception for a defendant’s engagement in unlawful activity did not exist under section 776.012 . . . Section 776.012, Florida Statutes, was amended in 2014 to include an exception for individuals engaged . . .

FINKELSTEIN, v. STATE, 157 So. 3d 1085 (Fla. Dist. Ct. App. 2015)

. . . See §§ 776.012, 776.013, 776.031, Fla. Stat. . . .

MILES, v. STATE, 162 So. 3d 169 (Fla. Dist. Ct. App. 2015)

. . . Section 776.032 provides immunity from prosecution under three separate statutory defenses-sections 776.012 . . . “unlawful activity” prohibition found in section 776.013(3) does not negate immunity under section 776.012 . . . Weekly D1695 (Fla. 4th DCA Aug.13, 2014) (noting in dictum that sections 776.012 and 776.013 provide . . . The Florida Legislature has rectified the problem presented in this case by amending section 776.012, . . . effective June 20, 2014, to grant immunity only to a person “not engaged in criminal activity.” § 776.012 . . .

DORSEY, v. STATE, 149 So. 3d 144 (Fla. Dist. Ct. App. 2014)

. . . Defendant claims that under section 776.012(1), Florida Statutes (2012), he had no duty to retreat even . . . Section 776.012, Florida Statutes (2012), prorides: A person is justified in using force, except deadly . . . Section 776.012 does not contain any requirement that the person claiming protection under the statute . . . On appeal, the defendant raised an unpreserved argument that he had no such duty under section 776.012 . . . Id. at 1170 n. 3 (citing § 776.012, Fla. Stat. (2014)). . . .

UNITED STATES v. ROGERS,, 578 F. App'x 911 (11th Cir. 2014)

. . . . § 776.012. . . . Id. § 776.012(1). . . . Stat. §§ 776.012, 776.013(1), 776.013(3). . . .

GARRETT, v. STATE, 148 So. 3d 466 (Fla. Dist. Ct. App. 2014)

. . . The following two sections of the law are arguably at play: 776.012 Use of force in defense of person . . . Garrett argues that he established that his use of deadly force was justified under section 776.012(1 . . . Section 776.012(1) provides that a person using deadly force in circumstances in which the perceived . . . It asserts that section 776.012(1) does not provide a basis for a person engaged in unlawful activity . . . We note that section 776.012, Florida Statutes (2011), has since been amended to include the "unlawful . . .

STATE v. WONDER, v., 162 So. 3d 59 (Fla. Dist. Ct. App. 2014)

. . . Section 776.012, Fla. . . . There is no similar provision concerning involvement in unlawful activity in section 776.012. . . . The legislature amended section 776.012(2) this year with an effective date of June 20, 2014. . . . (to be codified at § 776.012, Fla. Stat.). . . . .” § 776.012(2), Fla. Stat. (2014) (emphasis added): see Hill v. . . .

RIOS, v. STATE, 143 So. 3d 1167 (Fla. Dist. Ct. App. 2014)

. . . Pursuant to section 776.012(1), Defendant was entitled to the protection of the Stand Your Ground law . . . This is true because section 776.012(1), which does not include language on “unlawful activity,” is separate . . . all along that such a determination was unnecessary because the defense motion relied upon section 776.012 . . . The exception for a defendant’s engagement in ‘unlawful activity’ does not exist under section 776.012 . . . Section 776.012(1), Florida Statutes (2010), provides: A person is justified in using force, except deadly . . .

E. LONG v. BAKER, a k a, 37 F. Supp. 3d 1243 (M.D. Fla. 2014)

. . . . §§ 776.012 (use of force in defense of person) and 776.031 (use of force in defense of others); Etcher . . .

M. HILL, v. STATE, 143 So. 3d 981 (Fla. Dist. Ct. App. 2014)

. . . State On remand, the defendant again moved to dismiss, but this time cited section 776.012(1) as the . . . defense of person is permissible and provides: 776.012. . . . The interplay of section 776.012 and section 776.013(3) Section 776.012 provides that a person is justified . . . We note that section 776.012 was recently amended and section 776.012(2) now reads in part that “[a] . . . (West) (to be codified at § 776.012, Fla. Stat.). . . .

HARDISON, v. STATE, 138 So. 3d 1130 (Fla. Dist. Ct. App. 2014)

. . . Section 776.012, Florida Statutes, entitled “Use of force in defense of person,” provides: A person is . . . He argues that, although section 776.013(3) includes such a restriction, section 776.012 does not; rather . . . (1) and 776.012(3), and, in some measure, tend to support Hardison’s argument. . . . The requirements under sections 776.012(1) and 776.013(3) are not identical. . . . Under section 776.012(1), a person would have to prove that he or she reasonably believed the use of . . .

PROFESSIONAL ROOFING AND SALES, INC. v. FLEMMINGS,, 138 So. 3d 524 (Fla. Dist. Ct. App. 2014)

. . . See § 776.012, Fla. Stat. (2014); § 776.032(1), Fla. Stat. (2014). . . . Res judicata/collateral estoppel do not apply Section 776.012 provides for justifiable use of force in . . . necessary to defend himself or herself or another against the other’s imminent use of unlawful force. § 776.012 . . . justifiable force receives immunity for the use of that force: (1) A person who uses force as permitted in s. 776.012 . . . See §§ 776.012, 776.032(1), Fla. Stat. (2014). . . .

BROWN, v. STATE, 135 So. 3d 1160 (Fla. Dist. Ct. App. 2014)

. . . .— (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in . . . for the statutory immunity from prosecution: that his or her use of force was permitted by section 776.012 . . . , he did not allege entitlement to immunity due to his use of force as authorized by either section 776.012 . . . section 776.032(1), Florida Statutes, based on the defensive use of force as permitted in sections 776.012 . . . The bill also created section 776.013 and amended sections 776.012 and 776.031, Florida Statutes. . . .

SIMS, v. STATE, 140 So. 3d 1000 (Fla. Dist. Ct. App. 2014)

. . . The instructions then explained the elements of the defense, as provided in sections 776.012 and 776.013 . . . Instead, Appellant’s claim of self-defense was governed solely by section 776.012, which authorizes “ . . . The instructions given in this case correctly explained to the jury that, consistent with section 776.012 . . . Stat. with §§ 776.012, 776.013(3), Fla. Stat. . . . . State, 111 So.3d 214, 221 (Fla. 2d DCA 2013) (explaining that the requirements of sections 776.012 and . . .

PAGES, v. SELIMAN- TAPIA,, 134 So. 3d 536 (Fla. Dist. Ct. App. 2014)

. . . Under section 776.032(1): A person who uses force as permitted in s.776.012, s.776.013, or s.776.031 . . . Section 776.012 (“Use of force in defense of person”) provides in pertinent part: A person is justified . . . Under section 776.012, Tapia would be justified in using non-deadly force against Dr. . . . Pages was non-deadly force and, under the relevant portion of section 776.012, Tapia need not establish . . . Because there was competent substantial evidence to support a finding of immunity under section 776.012 . . .

MOBLEY, v. STATE, 132 So. 3d 1160 (Fla. Dist. Ct. App. 2014)

. . . these facts are undisputed and demonstrate that he is immune from prosecution as provided by sections 776.012 . . . Stat. (2013) (providing that a “person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . . force and is immune from criminal prosecution and civil action for the use of such force”); see also § 776.012 . . . Section 776.012(1), (2), clearly states where the danger of death, great bodily harm or the commission . . . 460 (Fla.2010) (confirming that, where a defendant claims immunity from prosecution under sections 776.012 . . .

STATE v. WONDER, v., 128 So. 3d 867 (Fla. Dist. Ct. App. 2013)

. . . order that denied his motion to dismiss the criminal charges against him under sections 776.032 and 776.012 . . . The defendant moved to dismiss the Information based on sections 776.012 and 776.032, Florida Statutes . . . The exception for a defendant’s engagement in “unlawful activity” does not exist under section 776.012 . . . Section 776.012, Fla. . . . force is justified under the circumstances set forth in both sections 776.012(1) and 776.013. . . .

STATE v. WILLIAMS,, 127 So. 3d 890 (Fla. Dist. Ct. App. 2013)

. . . section 776.032(1), Florida Statutes (2007), provides that a "person who uses force as permitted in s. 776.012 . . .

RODRIGUEZ, v. STATE, 127 So. 3d 705 (Fla. Dist. Ct. App. 2013)

. . . of prohibition, which argues immunity from prosecution based on the defense of others under sections 776.012 . . .

BRETHERICK, v. STATE Of, 135 So. 3d 337 (Fla. Dist. Ct. App. 2013)

. . . . § 776.012, Fla. Stat. (2011). . . . Section 776.032(1), Florida Statutes, provides: A person who uses force as permitted in s. 776.012, s . . .

ALEXANDER, v. STATE, 121 So. 3d 1185 (Fla. Dist. Ct. App. 2013)

. . . .] § 776.012, Fla. Stat. (2010). . . .

SPURGEON, v. STATE, 114 So. 3d 1042 (Fla. Dist. Ct. App. 2013)

. . . See § 776.012, Fla. Stat. . . .

A. LITTLE, v. STATE, 111 So. 3d 214 (Fla. Dist. Ct. App. 2013)

. . . (1) because section 776.012(1) conflicts with section 776.013(3). . . . immunity to a person who qualifies under either section 776.012(1) or 776.013(3). . . . force is justified under the circumstances set forth in both sections 776.012(1) and 776.013. . . . The requirements under sections 776.012(1) and 776.013(3) are not identical. . . . However, Little sought immunity based on the use of force as permitted in section 776.012(1). . . . contained in section 776.013(3) should be engrafted onto the right of self-defense set forth in section 776.012 . . . The first is the language of section 776.012. . . . in section 776.032, which immunizes from prosecution “[a] person who uses force as permitted in s. 776.012 . . . To conflate the requirements of sections 776.012 and 776.013(3), as the State urges us to do, would require . . . the provisions of section 776.013(3) were always necessary elements of a self-defense under section 776.012 . . .

SHEHADA, v. TAVSS,, 965 F. Supp. 2d 1358 (S.D. Fla. 2013)

. . . Florida Statutes section 776.012 provides that “a person is justified in the use of deadly force” if . . . Stat. § 776.012(1). . . . “A person who uses force as permitted in s. 776.012 ... is justified in using such force and is immune . . .

TOVER, v. STATE, 106 So. 3d 958 (Fla. Dist. Ct. App. 2013)

. . . See § 776.012(2), Fla. . . .

JOSEPH, v. STATE, 103 So. 3d 227 (Fla. Dist. Ct. App. 2012)

. . . Section 776.012, Florida Statutes, provides: Use of force in defense of person. — A person is justified . . . bodily harm to himself ... or another or to prevent the imminent commission of a forcible felony.” § 776.012 . . .

LEASURE, v. STATE, 105 So. 3d 5 (Fla. Dist. Ct. App. 2012)

. . . in section 776.032(1) and grants criminal immunity to persons using force as authorized in sections 776.012 . . . Sections 776.012(1) and 776.013(3) authorize the use of deadly force based on a reasonable belief that . . .

M. MEDEROS, v. STATE, 102 So. 3d 7 (Fla. Dist. Ct. App. 2012)

. . . See §§ 776.012, 776.031-.032, Fla. Stat. (2009). . . . Florida Statute sections 776.012, 776.013, and 776.031, when read together, allow for the use of deadly . . . Chapter 2005-27 amended two existing statutes: sections 776.012 and 776.031; and it created two new statutes . . . As amended, section 776.012, Florida Statutes, provides: A person is justified in using force, except . . . or occupied vehicle]. [] Section 776.032 provides that a person using force as permitted by sections 776.012 . . .

FALWELL, v. STATE, 88 So. 3d 970 (Fla. Dist. Ct. App. 2012)

. . . trial court erred in denying his motion for statutory immunity from prosecution under sections 776.032, 776.012 . . .

SMITH, v. STATE, 76 So. 3d 379 (Fla. Dist. Ct. App. 2011)

. . . . § 776.012, Fla. Stat. (2009). . . .

VILA, v. STATE, 74 So. 3d 1110 (Fla. Dist. Ct. App. 2011)

. . . the victim’s attack, the trial court erred in denying his requested jury instruction based on section 776.012 . . .

M. S. a v. STATE, 88 So. 3d 238 (Fla. Dist. Ct. App. 2011)

. . . See § 776.012, Fla. Stat (2010); S.J.C. v. State, 906 So.2d 1115, 1115-16 (Fla. 2d DCA 2005). . . .

DORSEY, v. STATE, 74 So. 3d 521 (Fla. Dist. Ct. App. 2011)

. . . By way of background, section 776.012, Florida Statutes (2006), provides that a person is justified in . . . commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013. § 776.012 . . .

ODEH, v. STATE, 82 So. 3d 915 (Fla. Dist. Ct. App. 2011)

. . . Florida Standard Jury Instruction (Crim.) 3.6(f), Justifiable Use of Deadly Force, in which sections 776.012 . . . In instructing the jury on the justifiable use of deadly force under sections 776.012 and 776.081, the . . .

REAGAN, v. MALLORY,, 429 F. App'x 918 (11th Cir. 2011)

. . . . § 776.032(1) (“A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified . . .

J. LEGENE, v. STATE, 60 So. 3d 1154 (Fla. Dist. Ct. App. 2011)

. . . motion to dismiss criminal charges based on alleged immunity from prosecution under sections 776.032, 776.012 . . . Defendant filed a motion to dismiss, claiming immunity from criminal prosecution under sections 776.032, 776.012 . . .

K. S. H. a v. STATE, 56 So. 3d 122 (Fla. Dist. Ct. App. 2011)

. . . Section 776.012, Florida Statutes (2010), provides: A person is justified in using force, except deadly . . . such conduct is necessary to defend ... another against the other’s imminent use of unlawful force.” § 776.012 . . .

DENNIS, v. STATE, 51 So. 3d 456 (Fla. 2010)

. . . 776.032, which became effective October 1, 2005, provides: (1) A person who uses force as permitted in s. 776.012 . . . Section 776.032(1) provides, in part, that a “person who uses force as permitted in s. 776.012, s. 776.013 . . .

BELCHER, v. STATE, 45 So. 3d 538 (Fla. Dist. Ct. App. 2010)

. . . ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012 . . .

In LEVIN, v., 434 B.R. 910 (Bankr. S.D. Fla. 2010)

. . . . § 776.012; (3) justifiable use of force necessary to prevent imminent commission of a forcible felony . . .

STATE v. YAQUBIE,, 51 So. 3d 474 (Fla. Dist. Ct. App. 2010)

. . . as the “Stand Your Ground” law and providing that a person who uses force as authorized in sections 776.012 . . . 776.013, or 776.031, “is immune from criminal prosecution and civil action for use of such force”); § 776.012 . . .

J. PENLEY, Co- v. F. ESLINGER, W., 605 F.3d 843 (11th Cir. 2010)

. . . Under Florida law, “[a] person who uses force as permitted in § 776.012 ... is justified in using such . . . Section 776.012 of the Florida Statutes in turn establishes that individuals have no duty to retreat . . . Id. § 776.012. . . . Id. § 776.012(1). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 27 So. 3d 640 (Fla. 2010)

. . . . §§ 776.012, 776.031, Fla. Stat. . . . See § 776.012, Fla. Stat.; Ivester v. State, 398 So.2d 926 (Fla. 1st DCA 1981); Jackson v. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . . In defense of person. § 776.012, Fla. Stat. Give if applicable. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . .

M. MONTANEZ, v. STATE, 24 So. 3d 799 (Fla. Dist. Ct. App. 2010)

. . . defense at trial). .Section 776.032(1) provides that "[a] person who uses force as permitted in s. 776.012 . . .

McDANIEL, v. STATE, 24 So. 3d 654 (Fla. Dist. Ct. App. 2009)

. . . Section 776.032(1) provides that “[a] person who uses force as permitted in s. 776.012, s. 776.013, or . . .

G. SWOFFORD Jr. R. v. ESLINGER, Jr., 671 F. Supp. 2d 1289 (M.D. Fla. 2009)

. . . . §§ 776.012, 776.013 (West 2005); (Remus Dep. 212:15-25, Jan. 13,2009.). Accepting Mr. . . .

HORN, Jr. v. STATE, 17 So. 3d 836 (Fla. Dist. Ct. App. 2009)

. . . Section 776.012, titled “Use of force in defense of person,” provides the limits of justifiable force . . .

GOVONI, v. STATE, 17 So. 3d 809 (Fla. Dist. Ct. App. 2009)

. . . The law reads, “[a] person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified . . .