Florida Statute 776.13 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

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F.S. 776.013

776.013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.—

(1) A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:

(a) Nondeadly 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; or

(b) 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.

(2) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(3) The presumption set forth in subsection (2) does not apply if:

(a) The person against whom the defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used or threatened; or

(c) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or

(d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5) As used in this section, the term:

(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

History.—s. 1, ch. 2005-27; s. 4, ch. 2014-195; s. 1, ch. 2017-77.

F.S. 776.013 on Google Scholar

F.S. 776.013 on CourtListener

Amendments to 776.013

Annotations, Discussions, Cases:

Cases Citing Statute 776.013

Total Results: 100

Smiley v. State

966 So. 2d 330, 2007 WL 1628111

Supreme Court of Florida | Filed: Jun 7, 2007 | Docket: 1679339

Cited 58 times | Published

court to be of great public importance: DOES SECTION 776.013, FLORIDA STATUTES (2005), APPLY TO CASES PENDING

In Re Standard Jury Inst. in Crim. Cases No. 2007-03

976 So. 2d 1081, 2008 WL 596805

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1679907

Cited 57 times | Published

vehicle). Give if applicable. See exceptions in § 776.013(2), Fla. Stat., which may negate the giving of

Peterson v. State

983 So. 2d 27, 2008 WL 1805499

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 597409

Cited 31 times | Published

that a person who uses force as permitted in section 776.013 is justified in using such force and is immune

WILLIE JEFFERSON v. STATE OF FLORIDA

264 So. 3d 1019

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 8462501

Cited 22 times | Published

force as permitted in [section] 776.012, [section] 776.013, or [section] 776.031 is justified in using

In Re Jury Inst. in Cr. Cases (No. 2005-4)

930 So. 2d 612, 2006 WL 1471998

Supreme Court of Florida | Filed: May 25, 2006 | Docket: 1469355

Cited 19 times | Published

chapter 776, Florida Statutes, and creating section 776.013, Florida Statutes (2005). See ch. 2005-27,

United States v. Biro

143 F.3d 1421, 1998 U.S. App. LEXIS 12807, 1998 WL 317199

Court of Appeals for the Eleventh Circuit | Filed: Jun 17, 1998 | Docket: 1189629

Cited 19 times | Published

communications. 4 . In 1996, 15 C.F.R. § 776.13(a) provided in relevant part as follows:

Mobley v. State

132 So. 3d 1160, 2014 WL 20660, 2014 Fla. App. LEXIS 15

District Court of Appeal of Florida | Filed: Jan 2, 2014 | Docket: 60238326

Cited 18 times | Published

154, 156 (Fla. 4th DCA 2007)) (“... [U]nder section 776.013, a person who is attacked is allowed to stand

Dorsey v. State

74 So. 3d 521, 2011 Fla. App. LEXIS 16361, 2011 WL 4949803

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 2321688

Cited 14 times | Published

s. 776.013. § 776.012, Fla. Stat. (2006). Section 776.013(3), Florida's so-called "Stand Your Ground"

Williams v. State

982 So. 2d 1190, 2008 WL 2038041

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1205004

Cited 13 times | Published

immediately prior to the time of the offense. See § 776.013(3), Fla. Stat. (2005); Ch. 2005-27, § 5, at 202

Little v. State

111 So. 3d 214, 2013 WL 1442150, 2013 Fla. App. LEXIS 5670

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60230777

Cited 11 times | Published

of force would not have been permitted in section 776.013(3). The State notes that in order for a person’s

Grice v. State

967 So. 2d 957, 2007 WL 2890141

District Court of Appeal of Florida | Filed: Oct 5, 2007 | Docket: 1453923

Cited 11 times | Published

927 So.2d 1000, 1003 (Fla. 4th DCA 2006) (section 776.013, Florida Statutes (2005), eliminating the duty

Thomas v. State

918 So. 2d 327, 2005 WL 3041508

District Court of Appeal of Florida | Filed: Nov 15, 2005 | Docket: 1361372

Cited 11 times | Published

prevent the commission of a forcible felony. § 776.013(3), Fla. Stat. (2005).

Mederos v. State

102 So. 3d 7, 2012 Fla. App. LEXIS 13360, 2012 WL 3238759

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60226756

Cited 10 times | Published

bodily harm to himself or herself or another....” § 776.013(1). Chapter 2005-27 amended two existing statutes:

United States v. Biro

143 F.3d 1421

Court of Appeals for the Eleventh Circuit | Filed: Jun 17, 1998 | Docket: 2036740

Cited 10 times | Published

electronic communications. 4 In 1996, 15 C.F.R. § 776.13(a) provided in relevant part as follows:

In Re Standard Jury Instructions in Criminal Cases-Report No. 2009-01

27 So. 3d 640, 35 Fla. L. Weekly Supp. 1, 2010 Fla. LEXIS 2, 2010 WL 26546

Supreme Court of Florida | Filed: Jan 7, 2010 | Docket: 1665256

Cited 9 times | Published

amended to include the statutory exceptions in section 776.013(2), Florida Statutes (2008), which may preclude

McDaniel v. State

24 So. 3d 654, 2009 Fla. App. LEXIS 19299, 2009 WL 4723310

District Court of Appeal of Florida | Filed: Dec 11, 2009 | Docket: 77385

Cited 9 times | Published

defense of justifiable use of force under section 776.013, commonly known as the castle doctrine, and

Gonzalez v. State

982 So. 2d 77, 2008 WL 1883981

District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 1205815

Cited 9 times | Published

in accordance with the 2005 amendments to section 776.013, Florida Statutes (2005). These amendments

Hair v. State

17 So. 3d 804, 2009 Fla. App. LEXIS 11593, 2009 WL 2513475

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 257841

Cited 8 times | Published

that a person using force as permitted in section 776.013, with certain exceptions not applicable here

Bartlett v. State

993 So. 2d 157, 2008 WL 4722492

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1516286

Cited 8 times | Published

pursuant to s. 776.013. In pertinent part, section 776.013, Florida Statutes (2006), states: 776.013 Home

Garrett v. State

148 So. 3d 466, 2014 Fla. App. LEXIS 12999, 2014 WL 4114334

District Court of Appeal of Florida | Filed: Aug 22, 2014 | Docket: 60243524

Cited 7 times | Published

pursuant to s. 776.013. (Emphasis added). Section 776.013 is titled “Home protection; use of deadly force;

Morgan v. State

127 So. 3d 708, 2013 WL 6122269, 2013 Fla. App. LEXIS 18569

District Court of Appeal of Florida | Filed: Nov 22, 2013 | Docket: 60236827

Cited 7 times | Published

instruction on the “Stand Your Ground” law, section 776.013(3), Florida Statutes (2011). The jury found

Pages v. Seliman-Tapia

134 So. 3d 536, 2014 Fla. App. LEXIS 3620, 39 Fla. L. Weekly Fed. D 543

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60239270

Cited 6 times | Published

the other’s imminent use of unlawful force. Section 776.013, titled “Home protection; use of deadly force;

Leasure v. State

105 So. 3d 5, 2012 WL 5233623, 2012 Fla. App. LEXIS 18491

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60227857

Cited 6 times | Published

a prima facie case of self-defense. Under section 776.013(3), a person is justified in using deadly force

State v. Smiley

927 So. 2d 1000, 2006 WL 929885

District Court of Appeal of Florida | Filed: Apr 12, 2006 | Docket: 1765519

Cited 6 times | Published

respondent. WARNER, J. The Legislature enacted section 776.013, Florida Statutes, effective October 1, 2005

Sims v. State

140 So. 3d 1000, 2014 WL 1156296, 2014 Fla. App. LEXIS 4273

District Court of Appeal of Florida | Filed: Mar 24, 2014 | Docket: 60241332

Cited 5 times | Published

though the instruction tracks the language in section 776.013(3), Florida Statutes, word-for-word,5 the instruction

Joseph v. State

103 So. 3d 227, 2012 Fla. App. LEXIS 21415, 2012 WL 6166382

District Court of Appeal of Florida | Filed: Dec 12, 2012 | Docket: 60227012

Cited 5 times | Published

pursuant to s. 776.013. Id. (emphasis supplied). Section 776.013 creates a presumption of reasonable fear of

State v. Vino

100 So. 3d 716, 2012 WL 4448866, 2012 Fla. App. LEXIS 16036

District Court of Appeal of Florida | Filed: Sep 27, 2012 | Docket: 60225925

Cited 5 times | Published

prevent the commission of a forcible felony. § 776.013(3), Fla. Stat. (2007). Such a person is immune

Garrido v. State

97 So. 3d 291, 2012 WL 3964751, 2012 Fla. App. LEXIS 15315

District Court of Appeal of Florida | Filed: Sep 12, 2012 | Docket: 60311753

Cited 5 times | Published

give the definition of dwelling set forth in section 776.013, Florida Statutes (2010), which defines dwelling

Montijo v. State

61 So. 3d 424, 2011 Fla. App. LEXIS 5415, 2011 WL 1431505

District Court of Appeal of Florida | Filed: Apr 15, 2011 | Docket: 60300476

Cited 5 times | Published

confronted with the use of force, as set forth in section 776.013(3), Florida Statutes. What is problematic was

Oken v. Williams

23 So. 3d 140, 2009 Fla. App. LEXIS 14590, 2009 WL 3103853

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1180414

Cited 5 times | Published

citation to Wikipedia, which established that section 776.013, Florida Statutes, is popularly known as the

State of Florida v. Robert Franklin Floyd

186 So. 3d 1013, 41 Fla. L. Weekly Supp. 85, 2016 Fla. LEXIS 502, 2016 WL 916224

Supreme Court of Florida | Filed: Mar 10, 2016 | Docket: 3043381

Cited 4 times | Published

Stat. (2010) (emphasis supplied). Next, section 776.013, “Home protection; use of deadly force; presumption

Anthony Cruz v. State of Florida

189 So. 3d 822, 2015 Fla. App. LEXIS 7645, 2015 WL 2393281

District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2679340

Cited 4 times | Published

applicable provisions of Chapter 776. See § 776.013(3), Fla. Stat. (2008) (stating that “[a] person

Talley v. State

106 So. 3d 1015, 2013 WL 645911, 2013 Fla. App. LEXIS 2981

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60228081

Cited 4 times | Published

section upon which the instruction is based. Section 776.013, Florida Statutes (2012), provides as follows:

Darling v. State

81 So. 3d 574, 2012 Fla. App. LEXIS 3132, 2012 WL 636305

District Court of Appeal of Florida | Filed: Feb 29, 2012 | Docket: 60305951

Cited 3 times | Published

prevent the commission of a forcible felony.” § 776.013(3), Fla. Stat. (2007). Additionally, the person

Dubon v. State

982 So. 2d 746, 2008 WL 2228694

District Court of Appeal of Florida | Filed: Jun 2, 2008 | Docket: 292522

Cited 3 times | Published

court's decision not to instruct the jury on section 776.013, Florida Statutes, effective October 1, 2005

Mitchell v. State

965 So. 2d 246, 2007 WL 2609441

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 447082

Cited 3 times | Published

have the jury instructed in accordance with section 776.013, effective October 1, 2005, which provides

Love v. State

247 So. 3d 609

District Court of Appeal of Florida | Filed: May 11, 2018 | Docket: 6614607

Cited 2 times | Published

upon the newly enacted statute, at the time section 776.013, Florida Statutes (2005). Those proposed instructions

Eady v. State

229 So. 3d 434

District Court of Appeal of Florida | Filed: Oct 20, 2017 | Docket: 6173165

Cited 2 times | Published

uses force as permitted in .section 776.012, section 776.013, or section 776.031. Here, Eady raised his

RENE ST. PIERRE v. STATE OF FLORIDA

228 So. 3d 583, 2017 WL 4280598

District Court of Appeal of Florida | Filed: Sep 27, 2017 | Docket: 6159003

Cited 2 times | Published

instruction based, on the 2012 version of section 776.013, Florida Statutes, which, in pertinent part

Jared Bretherick v. State of Florida

170 So. 3d 766, 40 Fla. L. Weekly Supp. 411, 2015 WL 4112414, 2015 Fla. LEXIS 1470

Supreme Court of Florida | Filed: Jul 9, 2015 | Docket: 2672540

Cited 2 times | Published

person who uses force as permitted in § 776.012, § 776.013, or § 776.031[4] is justified in using such *772force

Roberts v. State

168 So. 3d 252, 2015 Fla. App. LEXIS 9277, 2015 WL 3777705

District Court of Appeal of Florida | Filed: Jun 18, 2015 | Docket: 60248628

Cited 2 times | Published

forcible felony. § 776.012, Fla. Stat. (2009). Section 776.013(3) stated a person not engaged in unlawful

Miles v. State

162 So. 3d 169, 2015 Fla. App. LEXIS 1554, 2015 WL 477872

District Court of Appeal of Florida | Filed: Feb 6, 2015 | Docket: 60247437

Cited 2 times | Published

the “unlawful activity” prohibition found in section 776.013(3) does not negate immunity under section 776

State v. Hill

95 So. 3d 434, 2012 WL 3328188, 2012 Fla. App. LEXIS 13565

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311239

Cited 2 times | Published

pursuant to Florida’s Stand Your Ground law, section 776.013, Florida Statutes (2009). Because the defendant

STIEH v. State

67 So. 3d 275, 2011 Fla. App. LEXIS 4530, 2011 WL 309433

District Court of Appeal of Florida | Filed: Apr 1, 2011 | Docket: 2364022

Cited 2 times | Published

self-defense. The applicable self-defense statute is section 776.013(3), Florida Statutes (2007), which states:

McWhorter v. State

971 So. 2d 154, 2007 WL 4322184

District Court of Appeal of Florida | Filed: Dec 12, 2007 | Docket: 1445245

Cited 2 times | Published

court were inconsistent with the new statute, § 776.013, Fla. Stat. (2005), which expanded the right of

Behanna v. State

985 So. 2d 550, 2007 WL 4270591

District Court of Appeal of Florida | Filed: Dec 7, 2007 | Docket: 1673288

Cited 2 times | Published

agreed that section 776.013(3), Florida Statutes (2005), applies to this case. Section 776.013(3) provides

Barnes v. State

969 So. 2d 1117, 2007 WL 3302435

District Court of Appeal of Florida | Filed: Nov 9, 2007 | Docket: 1403859

Cited 2 times | Published

situations before deadly force could be employed. See § 776.013, Fla. Stat. (2005); Smiley v. State, 966 So.2d

State v. Smiley

944 So. 2d 1027, 2006 WL 1541000

District Court of Appeal of Florida | Filed: Jun 1, 2006 | Docket: 1180881

Cited 2 times | Published

issue as one of great public importance. DOES SECTION 776.013, FLORIDA STATUTES (2005), APPLY TO CASES PENDING

James Waters v. State of Florida

267 So. 3d 538

District Court of Appeal of Florida | Filed: Mar 28, 2019 | Docket: 14819618

Cited 1 times | Published

counsel understood the distinction between section 776.013 and 776.012 and sought immunity from prosecution

STATE OF FLORIDA v. JEFFREY REININGER

254 So. 3d 996

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804258

Cited 1 times | Published

makes it constitutionally impermissible for section 776.013 to receive retroactive application.”).

Andujar-Ruiz v. State

205 So. 3d 803, 2016 Fla. App. LEXIS 17021

District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 4539033

Cited 1 times | Published

*806or her from obtaining the immunity under section 776.013. We agree. In Little, the defendant was ambushed

Pierce v. State

198 So. 3d 1051, 2016 Fla. App. LEXIS 12453, 2016 WL 4380074

District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 60256389

Cited 1 times | Published

pursuant to s. 776.013. (emphasis added). Section 776.013, Florida Statutes (2010) (amended 2014), states:

In Re Standard Jury Instructions in Criminal Cases—report No. 2014-06

191 So. 3d 411, 2016 WL 2586287

Supreme Court of Florida | Filed: May 5, 2016 | Docket: 3061091

Cited 1 times | Published

addressing a defendant’s duty to retreat under section 776.013(3), *413 Florida Statutes (2015)

Manuel Navarro v. State of Florida

190 So. 3d 212, 2016 WL 1688319, 2016 Fla. App. LEXIS 6421

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3062287

Cited 1 times | Published

give the instruction, stating, “I think that [section] 776.013.was meant for non-residents entering into

James Robert Waters v. State of Florida

174 So. 3d 434

District Court of Appeal of Florida | Filed: Jul 7, 2015 | Docket: 2671913

Cited 1 times | Published

on his claim of self-defense as provided in section 776.013(3), Florida Statutes (2012), Florida’s “Stand

Bryant Daniel Neal v. State of Florida

169 So. 3d 158, 2015 Fla. App. LEXIS 8475, 2015 WL 3479774

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2679294

Cited 1 times | Published

The Second District agreed, and stated: Section 776.013, Florida Statutes (2012), provides as follows:

Harrell v. State

150 So. 3d 858, 2014 Fla. App. LEXIS 17970, 2014 WL 5653805

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592996

Cited 1 times | Published

court applied the incorrect standard because section 776.013(3) does not expressly require imminent

State of Florida v. James Patrick Wonder

162 So. 3d 59, 2014 WL 3928449, 2014 Fla. App. LEXIS 12423

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 936948

Cited 1 times | Published

property constituted “unlawful activity” under section 776.013(3). Defense counsel argued that such a determination

Harvey M. Hill v. State

143 So. 3d 981, 2014 WL 3434445, 2014 Fla. App. LEXIS 10884

District Court of Appeal of Florida | Filed: Jul 16, 2014 | Docket: 2206

Cited 1 times | Published

The defendant’s motion to dismiss relied on section 776.013(3), Florida Statutes (2009), which provides:

Hardison v. State

138 So. 3d 1130, 2014 WL 1921734, 2014 Fla. App. LEXIS 7171

District Court of Appeal of Florida | Filed: May 14, 2014 | Docket: 60240496

Cited 1 times | Published

s. 776.013. § 776.012, Fla. Stat. (2009). Section 776.013, Florida Statutes, generally governs use of

Rangel v. State

132 So. 3d 844, 2013 Fla. App. LEXIS 19756, 2013 WL 6510898

District Court of Appeal of Florida | Filed: Dec 13, 2013 | Docket: 60238545

Cited 1 times | Published

or Armed Robbery. (Emphasis added.) However section 776.013, Florida Statutes (2010), provides: (3) A person

State v. Wonder

128 So. 3d 867, 2013 WL 6479037

District Court of Appeal of Florida | Filed: Dec 11, 2013 | Docket: 60237183

Cited 1 times | Published

property constituted “unlawful activity” under section 776.013(3). Defense counsel argued that such a determination

Tover v. State

106 So. 3d 958, 2013 WL 238168, 2013 Fla. App. LEXIS 931

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60228504

Cited 1 times | Published

fact triggered a statutory presumption under section 776.013(l)(a), Florida Statutes (2012), that his fear

Wilson v. State

971 So. 2d 963, 2008 WL 34808

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1446867

Cited 1 times | Published

amendments to section 773.012 and adoption of section 776.013 effective in 2005.

State v. Heckman

993 So. 2d 1004, 2007 WL 4270594

District Court of Appeal of Florida | Filed: Dec 7, 2007 | Docket: 157377

Cited 1 times | Published

for the use of force permitted under section 776.013. Section 776.013 provides that: *1006 (1) A person

Nima Moradi v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2025 | Docket: 69533867

Published

circumstances permitted pursuant to s. 776.013.”); § 776.013(3), Fla. Stat. (2012) (“A person who is not engaged

Katina Paese v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290564

Published

Compare § 776.012(1), Fla. Stat. (2020), and § 776.013(1)(a), Fla. Stat. (2020), with § 776.031(1), Fla

DEMETRIUS ELDER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 27, 2020 | Docket: 17195215

Published

of deadly force, as established by section 776.013(1), Florida Statutes (2013) During the

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-01

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761659

Published

paragraph is included in the section under section 776.013(1), and provides as follows:

Tashara Love v. State of Florida

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761650

Published

Smiley Smiley addressed whether section 776.013, Florida Statutes (2005), which was enacted

MAX GARCIA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 27, 2019 | Docket: 16523188

Published

possession. § 776.031(1) (emphasis added); see also § 776.013(5)(a) (defining "dwelling"). Section

ELTON BOLDUC v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 4, 2019 | Docket: 16151326

Published

defendant not be engaged in unlawful activity, section 776.013(3), a subsection governing the use of force

TREVOR DOOLEY v. STATE OF FLORIDA

268 So. 3d 880

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865430

Published

" While that limitation may pertain to section 776.013(3), Mr. Dooley argues, there was no such limitation

Malik Jimer Williams v. State of Florida – Revised on Rehearing

261 So. 3d 1248

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498538

Published

So.3d 5 , 13 (Fla. 2d DCA 2012) (citing § 776.013(3), Fla. Stat. (2008) ). However, the jury is

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-07 – Corrected Opinion

Supreme Court of Florida | Filed: Dec 6, 2018 | Docket: 8347874

Published

to limit the forcible felony language of section 776.013(1), Florida Statutes (2018), by adding the

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-07.

257 So. 3d 908

Supreme Court of Florida | Filed: Nov 21, 2018 | Docket: 8221109

Published

proposal to limit the forcible felony language of section 776.013(1), Florida Statutes (2018), by adding the

Bruce Fuller v. State

257 So. 3d 521

District Court of Appeal of Florida | Filed: Sep 24, 2018 | Docket: 7989232

Published

complained of jury instruction was based on section 776.013, and read: If the defendant

DANIEL MEDINA v. STATE OF FLORIDA

254 So. 3d 1148

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804267

Published

without retreating, under certain circumstances. Section 776.013(3), Florida Statutes (2013) permitted the use

PATRICK MICHAEL LANGEL v. STATE OF FLORIDA

255 So. 3d 359

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804261

Published

Petitioner did not show any of the circumstances in section 776.013(2) that create a presumption of fear of death

Malik Jimer Williams v. State of Florida

Supreme Court of Florida | Filed: Apr 19, 2018 | Docket: 6367556

Published

105 So. 3d 5, 13 (Fla. 2d DCA 2012) (citing § 776.013(3), Fla. Stat. (2008)). However, the jury is

CATHERINE M. PILEGGI v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219444

Published

776.012, Fla. Stat. (2010). To that end, section 776.013(3) of the Stand Your Ground law stated:

Marty v. State

210 So. 3d 121, 2016 Fla. App. LEXIS 13927

District Court of Appeal of Florida | Filed: Sep 16, 2016 | Docket: 4422973

Published

of death or great bodily harm, pursuant to section 776.013(1), Florida Statutes (2014). We accept Marty’s

Jackson v. State

179 So. 3d 443, 2015 Fla. App. LEXIS 17003, 2015 WL 7017520

District Court of Appeal of Florida | Filed: Nov 13, 2015 | Docket: 60251757

Published

self-defense, which incorporated the language in section 776.013(3), Florida Statutes (2012), concerning circumstances

Ford v. State

172 So. 3d 1003, 2015 Fla. App. LEXIS 13186, 2015 WL 5164901

District Court of Appeal of Florida | Filed: Sep 3, 2015 | Docket: 60250000

Published

(Fla. 4th DCA 2011) (“The plain language of section 776.013(3) provides that the ‘no duty to retreat’ rule

Robinson v. State

175 So. 3d 887, 2015 Fla. App. LEXIS 13128, 2015 WL 5164873

District Court of Appeal of Florida | Filed: Sep 3, 2015 | Docket: 60250676

Published

prevent the commission of a forcible felony. § 776.013(3), Fla. Stat. (2006) (emphasis added). . We

Tramel v. State

243 So. 3d 423

District Court of Appeal of Florida | Filed: Aug 14, 2015 | Docket: 64678638

Published

J., MARSTILLER and SWANSON, JJ., concur. See § 776.013(3), Fla. Stat. (2011). See Fla. Std. Jury Instr

Wyche v. State

170 So. 3d 898, 2015 Fla. App. LEXIS 11042, 2015 WL 4464474

District Court of Appeal of Florida | Filed: Jul 22, 2015 | Docket: 2679141

Published

discusses *904general standards for self-defense. Section 776.013 discusses circumstances when a person has no

Wyche v. State

170 So. 3d 898, 2015 Fla. App. LEXIS 11042, 2015 WL 4464474

District Court of Appeal of Florida | Filed: Jul 22, 2015 | Docket: 2679141

Published

discusses *904general standards for self-defense. Section 776.013 discusses circumstances when a person has no

Timothy Donald Helton v. State of Florida

228 So. 3d 160

District Court of Appeal of Florida | Filed: May 11, 2015 | Docket: 2656159

Published

concur. 1 . See § 776.013(3), Fla. Stat. (2011). 2 .

James Wyatt McGriff v. State of Florida

160 So. 3d 167

District Court of Appeal of Florida | Filed: Apr 7, 2015 | Docket: 2647625

Published

obtain immunity from prosecution based on section 776.013(3), but he or she can obtain immunity based

James Wyatt McGriff v. State of Florida

District Court of Appeal of Florida | Filed: Feb 2, 2015 | Docket: 2630636

Published

obtain immunity from prosecution based on section 776.013(3), but he or she can obtain immunity based

Deandre Ross v. State of Florida

157 So. 3d 406

District Court of Appeal of Florida | Filed: Feb 2, 2015 | Docket: 2630638

Published

prevent the commission of a forcible felony. § 776.013(3), Fla. Stat. (2012). The justification

Martin v. State

154 So. 3d 1161, 2015 Fla. App. LEXIS 104, 2015 WL 72227

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621512

Published

1263 (Fla.2013). The comma is not included in section 776.013(3), Florida Statutes (2012), which provides

John Thomas Dorsey v. State

149 So. 3d 144, 2014 Fla. App. LEXIS 15623, 2014 WL 4996171

District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 1432448

Published

in “unlawful activity,” 2 unlike section 776.013(3), Florida Statutes (2012), which provides:

Luis Rios v. State

143 So. 3d 1167, 2014 WL 3928417, 2014 Fla. App. LEXIS 12432

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 936949

Published

his *1169 ground. Focusing on section 776.013(3), a part of Florida’s Stand Your Ground law

Cokely v. State

138 So. 3d 1204, 2014 WL 2197736, 2014 Fla. App. LEXIS 8078

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60240536

Published

CIKLIN, JJ„ concur. . The defense was based on section 776.013, Florida Statutes (2011). . The pretrial

Brown v. State

135 So. 3d 1160, 2014 WL 1612649, 2014 Fla. App. LEXIS 5853

District Court of Appeal of Florida | Filed: Apr 22, 2014 | Docket: 60239451

Published

force was permitted by section 776.012; by section 776.013; or by section 776.031. For all three avenues

T.P. v. State

117 So. 3d 864, 2013 WL 3717092, 2013 Fla. App. LEXIS 11228

District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60232826

Published

accordance with, among other provisions, section 776.013. Section 776.013(3), adopted as part of the Stand Your

Ago

Florida Attorney General Reports | Filed: Jun 15, 2009 | Docket: 3255559

Published

dwelling. . . ."6 In addition, I note that section 776.013(5)(b), Florida Statutes, defines "Residence"

Nulutagua-Sanchez v. State

954 So. 2d 740, 2007 Fla. App. LEXIS 6648, 2007 WL 1263949

District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 64850314

Published

importance as we did on rehearing in Smiley: DOES SECTION 776.013, FLORIDA STATUTES (2005), APPLY TO CASES PENDING