The 2023 Florida Statutes (including Special Session C)
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. . . Dooley's "Stand Your Ground" defense under sections 776.012 and 776.013(3), Florida Statutes (2010). . . . While that limitation may pertain to section 776.013(3), Mr. . . . Section 776.013(3) applies when a person is (1) not engaged in an unlawful activity and (2) attacked . . . See § 776.013(2)(c). The requirements under sections 776.012(1) and 776.013(3) are not identical. . . . But section 776.013(3) provides only one means of obtaining immunity under section 776.032(1). . . .
. . . prejudice prong, the appellant asserted that had counsel understood the distinction between section 776.013 . . . holding a convicted felon in possession of a firearm was engaged in unlawful activity under section 776.013 . . .
. . . State , 105 So.3d 5, 13 (Fla. 2d DCA 2012) (citing § 776.013(3), Fla. Stat. (2008) ). . . .
. . . Stat. (2005) ("A person who uses force as permitted in [ section] 776.012, [ section] 776.013, or [ section . . . alleged facts set forth in the motion support the elements of self-defense in either section 776.012, 776.013 . . .
. . . Ground law, provides in relevant part that [a] person who uses force as permitted in s. 776.012, s. 776.013 . . .
. . . Additionally, § 776.013(1), Fla. . . . Give if applicable. § 776.013(1), Fla. Stat. . . . Give if applicable. § 776.013( 1 2 ), Fla. Stat. . . . Stat. § 776.013(4), Fla. Stat. § 776.013(5), Fla. Stat. Give if applicable. . . . Stat. §§ 776.013(4), 776.013(5), Fla. Stat. Give if applicable. . . .
. . . The complained of jury instruction was based on section 776.013, and read: If the defendant was not engaged . . . unlawful activity as the circumstances involved in the shooting fell under section 776.012 rather than 776.013 . . . The supreme court found that "section 776.013 created a new affirmative defense for situations in which . . .
. . . Section 776.013(3), Florida Statutes (2013) permitted the use of deadly force to prevent death or great . . . immunity under section 776.012 even though the unlawful activity would preclude immunity under section 776.013 . . .
. . . article X, section 9 of the Florida Constitution makes it constitutionally impermissible for section 776.013 . . .
. . . Petitioner did not show any of the circumstances in section 776.013(2) that create a presumption of fear . . .
. . . Statutes (2014), provides: A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013 . . .
. . . the use of two special jury instructions based upon the newly enacted statute, at the time section 776.013 . . . The Fourth District granted the State's petition, holding that section 776.013, Florida Statutes (2005 . . . the Fourth District certified the following question to be of great public importance: "DOES SECTION 776.013 . . . defendant was not justified in using or threatening to use force as permitted in sections 776.012, 776.013 . . . The key determination is that section 776.013 qualifies as a "criminal statute." . . .
. . . in pertinent part: (1) A person, who uses or threatens to use force as permitted in s. 776,012, s. 776.013 . . . because section 776.032 requires that the use of force be permitted under either sections 776.012, 776.013 . . . See §§ 776.032, 776.012, 776.013, and 776.031, Fla. Stat. (2016). . . .
. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . Stat. (2010)., To that end, section 776.013(3) of the Stand Your Ground law stated; A person who is not . . . great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. § 776.013 . . . Stat. (2010); § 776.013(3), Fla. Stat. (2010). . . .
. . . • from criminal prosecution for any person who uses force as permitted in .section 776.012, section 776.013 . . . Although section 776.013 precludes immunity where a person engages in unlawful activity at the time they . . . that Little was not entitled to immunity because he was engaged in unlawful activity under section 776.013 . . . and held (1) that a person may pursue immunity if they qualify “under either section 776.012(1) or 776.013 . . . In 2014, the legislature amended section 776,012 to conform with section 776.013 so as to require the . . .
. . . who lawfully uses force in self-defense: (1) A person who uses force as permitted in s. 776.012, s. 776.013 . . .
. . . kicked; Ultimately, appellant’s counsel agreed to an instruction based, on the 2012 version of section 776.013 . . . The court read to the jury . the following instruction based on section 776.013 regarding the self-defense . . .
. . . The Florida Stand Your Ground law, codified in Florida Statutes §§ 776.012 and 776.013, substantially . . .
. . . in pertinent part that “[a] person who uses or threatens to use force as permitted in s. 776.012, s. 776.013 . . .
. . . section 776.012, Section 776.032(1) provides that a person using force as permitted by sections 776.012, 776.013 . . .
. . . though the same unlawful activity would prevent him or her from obtaining the immunity under section 776.013 . . . Section 776.032(1) provides that persons using force as permitted under sections 776.012, 776.013, or . . . defendant was not entitled to immunity because he was engaged in unlawful activity, citing section 776.013 . . . Although section 776.013(3) requires that a defendant not be engaged in unlawful activity, as we explained . . .
. . . gave essentially conflicting instructions on justifiable use of force based on sections 776.012 and 776.013 . . .
. . . instruction on the presumption of reasonable fear of death or great bodily harm, pursuant to section 776.013 . . .
. . . Florida’s Stand Your Ground law is codified in sections 776.012 and 776.013. . . . Section 776.013, Florida Statutes (2010) (amended 2014), states: Home protection; use of deadly force . . . “Unlike section 776.013, section 776.012(1) does not -mention that the protections of the statute are . . . Significantly, in the instant case, however, appellant relied on both sections 776,012 and 776.013 in . . . In the instant case, because appellant re lied on both sections 776.012 and 776.013 in his defense, and . . .
. . . pertinent part, section 776.032 provides: (1) A person who uses force as permitted in s. 776.012, s. 776.013 . . . 2014, to provide immunity to those who use or threaten to use force as permitted in sections 776.012, 776.013 . . . by a preponderance of the evidence that his or her use of force was lawful under sections 776.012, 776.013 . . .
. . . Uo-djuty.to - retreat. § 776.013(3), Fla. Stak. See Novak v. . . . Give if applicable. § ■776.013(1), Fla. Stat. . . . Stat. § 776.013(b), Fla. Stat. § 776.018(5), Fla. Stat. Give if applicable. . . . Give if applicable. § 776.013(1), Fla. Stat. . . . Stat § 776.018a), § 776.013(5), Fla. Stat Give if applicable. . . .
. . . instruction and 'the trial court declined to give the instruction, stating, “I think that [section] 776.013 . . . While section 776.013, Florida Statutes- (-2013), requires an element of home protection, section 776.012 . . .
. . . imminent commission of a forcible felony, or (2) Under those . circumstances permitted pursuant-to s. 776.013 . . . Next, section 776.013, “Home protection; use of deadly force; presumption of fear of death or great bodily . . . bodily harm to himself or herself or another or to prevent the commission of a forcible felony., § 776.013 . . . immunities from criminal prosecution and civil actions for conduct justified under sections 776.012, 776.013 . . .
. . . instruction on the use of nondeadly force in self-defense, which incorporated the language in section 776.013 . . .
. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . Compare the provision commonly known as the Stand Your Ground law: 776.013 Home protection; use of deadly . . . bodily harm to himself or herself or another- or to prevent the commission of a forcible felony. § 776.013 . . .
. . . State, 74 So.3d 521, 527 (Fla. 4th DCA 2011) (“The plain language of section 776.013(3) provides that . . . Florida Statutes in effect from 2005 to 2014 was intended to be an elective alternative to section 776.013 . . . and those not so engaged improperly renders meaningless the unlawful activity exception of section 776.013 . . . Properly interpreted, the specific unlawful activity exception of section 776.013(3) applies to the general . . .
. . . See § 776.013(3), Fla. Stat. (2011). See Fla. Std. Jury Instr. (Crim.) 3.6(f). . . .
. . . court is standard jury instruction 3.6(f), which incorporates, in relevant part, sections 776.012, 776.013 . . . Section 776.013 discusses circumstances when a person has no duty to retreat, and includes subsection . . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . The circumstances provided in section 776.013 initially address when the force is used against someone . . . great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. § 776.013 . . . person (section 776.012), circumstances in which there is no duty to retreat (sections 776.012 and 776.013 . . .
. . . The Stand Your Ground law provides that when a person uses force as permitted by sections 776.012, 776.013 . . . civil action for justifiable use of force.— (1) A person who uses force as permitted in § 776.012, § 776.013 . . . (providing that the use of force is justified only when used as permitted by sections 776.012, 776.013 . . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to § 776.013 . . . Section 776.013, Florida Statutes (2011), addresses circumstances in which force is used against a person . . .
. . . giving of select standard jury instructions bearing on his claim of self-defense as provided in section 776.013 . . .
. . . Duty to Retreat — §§ 776.012(1), 776.013(3), and 776.Oil, Fla. . . . Section 776.013(3) stated a person not engaged in unlawful activity had no duty to retreat: (3) A person . . . if that person “reasonably believed it is necessary to prevent death or great bodily harm.” § 776.013 . . . Here, instructions reflecting sections 776.012(1), 776.013(3), and 776.041(2) were read to the jury. . . . Like in Garrett, even under the section 776.013(3) instruction, there was evidence from which the jury . . .
. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . Under those-circumstances permitted pursuant-tos. 776.013. . . . .
. . . The Second District agreed, and stated: Section 776.013, Florida Statutes (2012), provides as follows . . .
. . . See § 776.013(3), Fla. Stat. (2011). . See Fla. Std. Jury Instr. . . .
. . . Your Ground law, provides: A-person who uses or threatens to use force as permitted in s. 776.012, s. 776.013 . . .
. . . unlawful activity when he or she uses force cannot obtain immunity from prosecution based on section 776.013 . . . used the force at issue because his self-defense claim was based upon section 776.012(1), not section 776.013 . . . However, the focus of Dorsey I was on the defense provided by section 776.013(3), not section 776.012 . . .
. . . 776.032 provides immunity from prosecution under three separate statutory defenses-sections 776.012, 776.013 . . . Miles argues on appeal that the “unlawful activity” prohibition found in section 776.013(3) does not . . . Dorsey I held that under section 776.013(3), when a defendant is engaged in an unlawful activity, such . . . Weekly D1695 (Fla. 4th DCA Aug.13, 2014) (noting in dictum that sections 776.012 and 776.013 provide . . . alternate forms of immunity; since defendant did not seek immunity under section 776.013, trial court . . .
. . . The confusing instructions are derived from sections 776.013(3), Florida Statutes (2012), and 776.041 . . . great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. § 776.013 . . .
. . . The comma is not included in section 776.013(3), Florida Statutes (2012), which provides for this claim . . . error but not reversible because Sims was not entitled to the self-defense theory provided by section 776.013 . . .
. . . entitled to immunity from prosecution under the Stand Your Ground law as codified in sections 776.032 and 776.013 . . . Harrell also argues that the trial court applied the incorrect standard because section 776.013(3) does . . . In Little, this court did note the omission of the term “imminent” from section 776.013(3). . . . But this court also concluded that section 776.013(3) only applied if the defendant was not engaged in . . . Thus, section 776.013(3) does not apply in this case. III. . . .
. . . person claiming protection under the statute not be engaged in “unlawful activity,” unlike section 776.013 . . . 776.012(1), which does not include language on ‘unlawful activity,’ [and] is separate from section 776.013 . . . force where the person claiming self-defense is engaged in an unlawful activity” as compared to section 776.013 . . . in illegal possession of a firearm, his use of force did not fall within the protections of section 776.013 . . .
. . . . § 776.013(1). . . . Id. § 776.013(3). . . . Stat. §§ 776.012, 776.013(1), 776.013(3). . . .
. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . Section 776.013 is titled “Home protection; use of deadly force; presumption of fear of death or great . . . While Garrett acknowledges that a “duty to retreat” analysis would be necessary under section 776.013 . . . (3) because of his unlawful activity, he contends that sections 776.012 and 776.013 provide separate . . . Statutes (2011), has since been amended to include the "unlawful activity” preclusion contained in 776.013 . . .
. . . Section 776.013, Fla. . . . We do not agree that there is a conflict between the provisions in sections 776.012(1) and 776.013(3) . . . Section 776.013(3) applies when a person is (1) not engaged in an unlawful activity and (2) attacked . . . See § 776.013(2)(c). Id. at 221 (emphasis in original). . . . to answer whether the defendant was engaged in unlawful activity under section 776.013(3). . . .
. . . Focusing on section 776.013(3), a part of Florida’s Stand Your Ground law, counsel for the State argued . . . common law duty to retreat for persons justifiably using deadly force under either section 776.012(1) or 776.013 . . . section 776.012(1), which does not include language on “unlawful activity,” is separate from section 776.013 . . . such a determination was unnecessary because the defense motion relied upon section 776.012 and not 776.013 . . . Section 776.013(3), Florida Statutes (2010), provides: (3) A person who is not engaged in an unlawful . . .
. . . The defendant’s motion to dismiss relied on section 776.013(3), Florida Statutes (2009), which provides . . . The court concluded that, pursuant to section 776.013(l)(a)-(b), there was a presumption that the defendant . . . Section 776.013(3) provides that a person who is attacked in any place where he or she has the right . . . The motion to dismiss that was originally granted cited only section 776.013(3), Florida Statutes (2009 . . . To the extent that the petitioner there may have relied on section 776.012 instead of section 776.013 . . .
. . . The defense was based on section 776.013, Florida Statutes (2011). . . . .
. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . Section 776.013, Florida Statutes, generally governs use of deadly force in defense of oneself or another . . . He argues that, although section 776.013(3) includes such a restriction, section 776.012 does not; rather . . . The requirements under sections 776.012(1) and 776.013(3) are not identical. . . . A person proceeding under section 776.013(3) would have to prove that he or she reasonably believed the . . .
. . . receives immunity for the use of that force: (1) A person who uses force as permitted in s. 776.012, s. 776.013 . . .
. . . .— (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in . . . immunity from prosecution: that his or her use of force was permitted by section 776.012; by section 776.013 . . . Of the three avenues for immunity, the use of force as permitted in section 776.013 is the only avenue . . . The bill also created section 776.013 and amended sections 776.012 and 776.031, Florida Statutes. . . . Section 776.013(3), Florida Statutes, provides: 776.013 Home protection; use of deadly force; presumption . . .
. . . The instructions then explained the elements of the defense, as provided in sections 776.012 and 776.013 . . . Section 776.013(3) only applies when a person “is not engaged in an unlawful activity” and “is attacked . . . engaged in unlawful activity (i.e., trespassing), so he was not entitled to the defense in section 776.013 . . . Stat. with §§ 776.012, 776.013(3), Fla. Stat. . . . . (3) are not identical and that a person who does not meet the prerequisites in section 776.013(3)— not . . .
. . . Under section 776.032(1): A person who uses force as permitted in s.776.012, s.776.013, or s.776.031 . . . Section 776.013, titled “Home protection; use of deadly force; presumption of fear of death or great . . . It is true that under section 776.013(3), a person may “meet force with force, including deadly force . . . See §§ 776.013(l)-(2), Fla. Stat. (2009). . . . . entitlement to immunity under sections 776.013 and 776.012. . . .
. . . Stat. (2013) (providing that a “person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . . imminent commission of a forcible felony; or (2) [ujnder those circumstances permitted pursuant to s. 776.013 . . . [U]nder section 776.013, a person who is attacked is allowed to stand his or her ground and ‘meet force . . . not engaged in an unlawful activity and is located in a place where he or she has a right to be. § 776.013 . . . .2010) (confirming that, where a defendant claims immunity from prosecution under sections 776.012, 776.013 . . .
. . . However section 776.013, Florida Statutes (2010), provides: (3) A person who is not engaged in an unlawful . . .
. . . Section 776.013, Fla. . . . We do not agree that there is a conflict between the provisions in sections 776.012(1) and 776.013(3) . . . Section 776.013(3) applies when a person is (1) not engaged in an unlawful activity and (2) attacked . . . See § 776.013(2)(c). Id. at 221 (emphasis in original). . . . to answer whether the defendant was engaged in unlawful activity under section 776.013(3). . . .
. . . (1), Florida Statutes (2007), provides that a "person who uses force as permitted in s. 776.012, s. 776.013 . . .
. . . exception to self defense and the standard jury instruction on the “Stand Your Ground” law, section 776.013 . . . The court also gave the “Stand Your Ground” instruction consistent with section 776.013(3), Florida Statutes . . . The plain language of section 776.013(3) provides that the “no duty to retreat” rule applies only when . . . But even the common law duty to retreat is not absolute — the common law before section 776.013 recognized . . .
. . . Section 776.032(1), Florida Statutes, provides: A person who uses force as permitted in s. 776.012, s. 776.013 . . .
. . . Section 776.013(3), adopted as part of the Stand Your Ground law provides: A person who is not engaged . . . [U]nder section 776.013, a person who is attacked is allowed to stand his or her ground and “meet force . . . In this case, T.P. had the right to assert a defense under section 776.013(3). . . . The trial court rejected the application of section 776.013, misunderstanding the section to apply only . . . Because the trial court erred in its legal conclusion that section 776.013 did not apply, we reverse . . .
. . . immunity to a person who qualifies under either section 776.012(1) or 776.013(3). . . . And subsection (5) defines “dwelling,” “residence,” and “vehicle.” § 776.013(5). . . . .” § 776.013(3). It eliminates the duty to retreat for this law-abiding person. . . . See § 776.013(2)(c). The requirements under sections 776.012(1) and 776.013(3) are not identical. . . . The full text of section 776.013 is attached to this opinion as Appendix A. . . . The State’s assertion that the conditions contained in section 776.013(3) should be engrafted onto the . . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . 776.032, which immunizes from prosecution “[a] person who uses force as permitted in s. 776.012, s. 776.013 . . . Section 776.013 does not expressly alter the common law, and its provisions are not repugnant to the . . . APPENDIX A 776.013. . . .
. . . Section 776.013, Florida Statutes (2012), provides as follows: (3) A person who is not engaged in an . . . Cases to review instruction 3.6(g) and make appropriate changes so that it is consistent with section 776.013 . . .
. . . According to petitioner, this fact triggered a statutory presumption under section 776.013(l)(a), Florida . . . Stat. (2012) (permitting use of deadly force under the circumstances set forth in section 776.013). . . .
. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . Section 776.013 creates a presumption of reasonable fear of imminent peril of death or great bodily harm . . .
. . . section 776.032(1) and grants criminal immunity to persons using force as authorized in sections 776.012, 776.013 . . . Sections 776.012(1) and 776.013(3) authorize the use of deadly force based on a reasonable belief that . . . Under section 776.013(3), a person is justified in using deadly force when that person (1) is attacked . . .
. . . firearm (Count IV) on the ground he was immune from suit under Florida’s Stand Your Ground Law, sections 776.013 . . . great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. § 776.013 . . . However, unlike law enforcement officers, see § 776.013(2)(d), Fla. . . .
. . . the word “dwelling”, the court decided to also give the definition of dwelling set forth in section 776.013 . . . Although section 776.013(5) begins with “As used in this section ...,” it does not appear inappropriate . . . Section 776.013(5), Florida Statutes, provides: As used in this section, the term: (a) "Dwelling” means . . . dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest. § 776.013 . . .
. . . battery with a firearm charge against the defendant pursuant to Florida’s Stand Your Ground law, section 776.013 . . . great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. § 776.013 . . .
. . . Florida Statute sections 776.012, 776.013, and 776.031, when read together, allow for the use of deadly . . . reasonable fear of imminent peril of death or great bodily harm to himself or herself or another....” § 776.013 . . . amended two existing statutes: sections 776.012 and 776.031; and it created two new statutes: sections 776.013 . . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . occupied vehicle]. [] Section 776.032 provides that a person using force as permitted by sections 776.012, 776.013 . . .
. . . erred in denying his motion for statutory immunity from prosecution under sections 776.032, 776.012 and 776.013 . . .
. . . .” § 776.013(3), Fla. Stat. (2007). . . . specifically requires that the person invoking the defense “not [be] engaged in an unlawful activity.” § 776.013 . . .
. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . .
. . . Section 776.013(3), Florida’s so-called “Stand Your Ground” law, in turn provides: A person who is not . . . Prior to the enactment of section 776.013, Florida common law provided that, with the notable exception . . . Section 776.013 thus altered the law so that now there is “no duty to retreat” under a broad array of . . . In other words, section 776.013 created a new affirmative defense for situations in which one may use . . . We need not decide the exact scope of the statutory term “unlawful activity” under section 776.013(3) . . .
. . . . § 776.032(1) (“A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified . . . an assault is retreating have instead arisen where the underlying statute triggering immunity is § 776.013 . . . retreat is even more profound where § 776.031 — the statute relevant for this case — rather than § 776.013 . . . Section 776.013 creates a presumption that a person using deadly force was in fear of their life, thereby . . . Thus, cases which allow immunity on the basis of § 776.013 will most often involve threats to the person . . .
. . . dismiss criminal charges based on alleged immunity from prosecution under sections 776.032, 776.012 and 776.013 . . . motion to dismiss, claiming immunity from criminal prosecution under sections 776.032, 776.012 and 776.013 . . .
. . . individual’s right to stand one’s ground when confronted with the use of force, as set forth in section 776.013 . . .
. . . The applicable self-defense statute is section 776.013(3), Florida Statutes (2007), which states: A person . . . The room qualified as a dwelling or residence for purposes of section 776.013. . . . Thus, it appears the presumption in section 776.013(l)(a) applies to Stieh. . . . Defense of another is permitted under section 776.013(B). . . . Section 776.013(5)(a) defines a dwelling as "a building or conveyance of any kind, including any attached . . .
. . . became effective October 1, 2005, provides: (1) A person who uses force as permitted in s. 776.012, s. 776.013 . . . Section 776.032(1) provides, in part, that a “person who uses force as permitted in s. 776.012, s. 776.013 . . .
. . . Martinez filed a motion asserting an entitlement to immunity under the “Stand Your Ground” law, sections 776.013 . . .
. . . Stand Your Ground” law and providing that a person who uses force as authorized in sections 776.012, 776.013 . . .
. . . In addition, instruction 3.6(f) is also amended to include the statutory exceptions in section 776.013 . . . No duty to retreat. § 776.013(3), Fla. Stat. See Novak v. . . . Give if applicable. § 776.013(2)(a)-(d), Fla. Stat. See exceptions — m—§ 776.013(2), — Fla-. . . . Exceptions to Presumption of Fear. § 776.013(2)(a)-(d), Fla. Stat. Give as applicable. . . . Give if applicable. § 776.013(5), Fla. Stat. . . .
. . . trial). .Section 776.032(1) provides that "[a] person who uses force as permitted in s. 776.012, s. 776.013 . . .
. . . , Florida Statutes (2007), because he has a valid defense of justifiable use of force under section 776.013 . . . Section 776.032(1) provides that “[a] person who uses force as permitted in s. 776.012, s. 776.013, or . . .
. . . . §§ 776.012, 776.013 (West 2005); (Remus Dep. 212:15-25, Jan. 13,2009.). Accepting Mr. . . .
. . . dismiss based on statutory immunity Internet citation to Wikipedia, which established that section 776.013 . . . Whether this was in fact the popular nickname for section 776.013 apparently was not in dispute, and . . .
. . . Florida’s “Stand Your Ground” law, enacted by the Florida Legislature in 2005 and codified at sections 776.013 . . . Section 776.032(1) states that a person using force as permitted in section 776.013, with certain exceptions . . . Section 776.013(1) provides: (1) A person is presumed to have held a reasonable fear of imminent peril . . . Hair was therefore authorized by section 776.013(1), Florida Statutes, to use defensive force intended . . .
. . . The law reads, “[a] person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified . . .
. . . The “Stand Your Ground” statute provides: A person who uses force as permitted in s. 776.012, s. 776.013 . . .
. . . conferred by article I, section 8(a) of the Florida Constitution and Florida Statutes sections 776.012 and 776.013 . . .
. . . .— (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in . . . In pertinent part, section 776.013, Florida Statutes (2006), states: 776.013 Home protection; use of . . . Before the enactment of sections 776.032 and 776.013, Florida Statutes, in 2005, “a person was justified . . . Stat. § 776.013 (2005), 33 Fla. St. U.L. Rev. 351, 354 (Fall 2005)). . . . “The creation of section 776.013 eliminated the burden of proving that the defender had a reasonable . . .
. . . section 90.108, Florida Statutes); and the trial court’s decision not to instruct the jury on section 776.013 . . .
. . . See § 776.013(3), Fla. Stat. (2005); Ch. 2005-27, § 5, at 202, Laws of Fla. . . . Section 776.013, Florida Statutes (2005) became effective on October 1, 2005. . . . great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. § 776.013 . . .
. . . instruct the jury on the justifiable use of force in accordance with the 2005 amendments to section 776.013 . . . this appeal was pending, however, the Florida Supreme Court resolved this issue, holding that section 776.013 . . .
. . . This law, as codified, provides that a person who uses force as permitted in section 776.013 is justified . . . Section 776.013, Florida Statutes (2006), states: (1) A person is presumed to have held a reasonable . . .