Florida Statutes
Fla. Stat. § 776.013 (2025)
Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.
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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.
Notes of Decisions
Cited in 113
cases (14 in the last 5 years), 2005–2026 · leading case: Smiley v. State, 966 So. 2d 330 (Fla. 2007).
Smiley v. State, 966 So. 2d 330 (Fla. 2007). “Just before trial, Smiley filed a motion to permit the use of two special jury instructions based upon the newly enacted section 776.013. Those proposed instructions are: A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she…”
Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013). “031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force.”
Harvey M. Hill v. State, 143 So. 3d 981 (Fla. 4th DCA 2014). “The Stand Your Ground amendments also created new section 776.013, Florida Statutes (titled “Home protection; use of deadly force; presumption of fear of death or great bodily harm”).”
Dorsey v. State, 74 So. 3d 521 (Fla. 4th DCA 2011). “Prior to the enactment of section 776.013, Florida common law provided that, with the notable exception of the “castle doctrine,” a person could not resort to deadly force without first using every reasonable means within his or her power to avoid the danger, including retreat…”
Love v. State, 247 So. 3d 609 (Fla. 3d DCA 2018). “Those proposed instructions were: A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-07., 257 So. 3d 908 (Fla. 2018). “10(14), Fla. Stat. § 776.013(4), Fla. Stat. § 776.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-06, 191 So. 3d 411 (Fla. 2016). “§ 776.013(1), Fla. Stat. (Defendant) is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to [himself] [herself] [another]' when [using] [or] [threatening to use] defensive force if: a.”
Roberts v. State, 168 So. 3d 252 (Fla. 1st DCA 2015). “Under section 776.013, a person not engaged in unlawful activity was entitled to stand his or her ground if that person “reasonably believed it is necessary to prevent death or great bodily harm.”
Sims v. State, 140 So. 3d 1000 (Fla. 1st DCA 2014). “§ 776.013(3), Fla. Stat. . See Rangel v. State, 2013 WL 6510898 (Fla.”
State of Florida v. Robert Franklin Floyd, 186 So. 3d 1013 (Fla. 2016). “Next, section 776.013, “Home protection; use of deadly force; presumption of fear of death or great bodily harm,” contains what is commonly known as the “Stand Your Ground” law: A person who is not engaged in an unlawful .”
McWhorter v. State, 971 So. 2d 154 (Fla. 4th DCA 2007). “The instructions given by the court were inconsistent with the new statute, § 776.013, Fla. Stat. (2005), which expanded the right of self-defense and eliminated the "duty to *155 retreat" before using deadly force in certain circumstances.”
State v. Wonder, 128 So. 3d 867 (Fla. 4th DCA 2013). “” Section 776.013, Fla. Stat. (2009), however, provides: Home protection; use of deadly force; presumption of fear of death or great bodily harm.”
— 776.013(1) — 16 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-07., 257 So. 3d 908 (Fla. 2018). “10(14), Fla. Stat. § 776.013(4), Fla. Stat. § 776.”
Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013). “031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force.”
Hair v. State, 17 So. 3d 804 (Fla. 1st DCA 2009).
Smiley v. State, 966 So. 2d 330 (Fla. 2007). “Just before trial, Smiley filed a motion to permit the use of two special jury instructions based upon the newly enacted section 776.013. Those proposed instructions are: A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she…”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-06, 191 So. 3d 411 (Fla. 2016). “§ 776.013(1), Fla. Stat. (Defendant) is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to [himself] [herself] [another]' when [using] [or] [threatening to use] defensive force if: a.”
— 776.013(1)(a) — 2 cases
Katina Paese v. State of Florida (Fla. 4th DCA 2024).
Max Garcia v. State of Florida (Fla. 2d DCA 2019).
— 776.013(1)(b) — 1 case
Cordell v. State of Florida (Fla. 2d DCA 2026).
— 776.013(12) — 1 case
— 776.013(2) — 5 cases
In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008).
In Re Jury Inst. in Cr. Cases (No. 2005-4), 930 So. 2d 612 (Fla. 2006).
In Re Stand. Jury Instructions in Crim. Cases-Report No. 2009-01, 27 So. 3d 640 (Fla. 2010).
Patrick Michael Langel v. State of Florida, 255 So. 3d 359 (Fla. 4th DCA 2018).
— 776.013(2)(a) — 5 cases
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-06, 191 So. 3d 411 (Fla. 2016). “§ 776.013(1), Fla. Stat. (Defendant) is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to [himself] [herself] [another]' when [using] [or] [threatening to use] defensive force if: a.”
In Re Stand. Jury Instructions in Crim. Cases-Report No. 2009-01, 27 So. 3d 640 (Fla. 2010).
State v. Wonder, 128 So. 3d 867 (Fla. 4th DCA 2013). “” Section 776.013, Fla. Stat. (2009), however, provides: Home protection; use of deadly force; presumption of fear of death or great bodily harm.”
State of Florida v. James Patrick Wonder, 162 So. 3d 59 (Fla. 4th DCA 2014).
Hughes (M.D. Fla. 2026).
— 776.013(2)(c) — 4 cases
Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013). “031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force.”
Harvey M. Hill v. State, 143 So. 3d 981 (Fla. 4th DCA 2014). “The Stand Your Ground amendments also created new section 776.013, Florida Statutes (titled “Home protection; use of deadly force; presumption of fear of death or great bodily harm”).”
State v. Wonder, 128 So. 3d 867 (Fla. 4th DCA 2013). “” Section 776.013, Fla. Stat. (2009), however, provides: Home protection; use of deadly force; presumption of fear of death or great bodily harm.”
State of Florida v. James Patrick Wonder, 162 So. 3d 59 (Fla. 4th DCA 2014).
— 776.013(2)(d) — 1 case
State v. Vino, 100 So. 3d 716 (Fla. 3d DCA 2012).
— 776.013(23)(a) — 1 case
— 776.013(3) — 66 cases
Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013). “031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force.”
Harvey M. Hill v. State, 143 So. 3d 981 (Fla. 4th DCA 2014). “The Stand Your Ground amendments also created new section 776.013, Florida Statutes (titled “Home protection; use of deadly force; presumption of fear of death or great bodily harm”).”
Dorsey v. State, 74 So. 3d 521 (Fla. 4th DCA 2011). “Prior to the enactment of section 776.013, Florida common law provided that, with the notable exception of the “castle doctrine,” a person could not resort to deadly force without first using every reasonable means within his or her power to avoid the danger, including retreat…”
Sims v. State, 140 So. 3d 1000 (Fla. 1st DCA 2014). “§ 776.013(3), Fla. Stat. . See Rangel v. State, 2013 WL 6510898 (Fla.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-06, 191 So. 3d 411 (Fla. 2016). “§ 776.013(1), Fla. Stat. (Defendant) is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to [himself] [herself] [another]' when [using] [or] [threatening to use] defensive force if: a.”
— 776.013(3)(a) — 1 case
— 776.013(3)(d) — 1 case
Ferrier v. Florida Dep't of Corr. (N.D. Fla. 2020).
— 776.013(4) — 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-07., 257 So. 3d 908 (Fla. 2018). “10(14), Fla. Stat. § 776.013(4), Fla. Stat. § 776.”
— 776.013(5) — 4 cases
Garrido v. State, 97 So. 3d 291 (Fla. 4th DCA 2012).
Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013). “031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-06, 191 So. 3d 411 (Fla. 2016). “§ 776.013(1), Fla. Stat. (Defendant) is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to [himself] [herself] [another]' when [using] [or] [threatening to use] defensive force if: a.”
In Re Stand. Jury Instructions in Crim. Cases-Report No. 2009-01, 27 So. 3d 640 (Fla. 2010).
— 776.013(5)(a) — 3 cases
STIEH v. State, 67 So. 3d 275 (Fla. 2d DCA 2011).
State v. Heckman, 993 So. 2d 1004 (Fla. 2d DCA 2007).
Max Garcia v. State of Florida (Fla. 2d DCA 2019).
— 776.013(5)(b) — 2 cases
Bartlett v. State, 993 So. 2d 157 (Fla. 1st DCA 2008).
STIEH v. State, 67 So. 3d 275 (Fla. 2d DCA 2011).
— 776.013(8) — 1 case
State v. Hill, 95 So. 3d 434 (Fla. 4th DCA 2012).
— 776.013(B) — 2 cases
Garrett v. State, 148 So. 3d 466 (Fla. 1st DCA 2014).
STIEH v. State, 67 So. 3d 275 (Fla. 2d DCA 2011).
— 776.013(b) — 1 case
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-06, 191 So. 3d 411 (Fla. 2016). “§ 776.013(1), Fla. Stat. (Defendant) is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to [himself] [herself] [another]' when [using] [or] [threatening to use] defensive force if: a.”
— 776.013(l) — 1 case
Pages v. Seliman-Tapia, 134 So. 3d 536 (Fla. 3d DCA 2014).
— 776.013(l)(a) — 3 cases
Harvey M. Hill v. State, 143 So. 3d 981 (Fla. 4th DCA 2014). “The Stand Your Ground amendments also created new section 776.013, Florida Statutes (titled “Home protection; use of deadly force; presumption of fear of death or great bodily harm”).”
STIEH v. State, 67 So. 3d 275 (Fla. 2d DCA 2011).
Tover v. State, 106 So. 3d 958 (Fla. 4th DCA 2013).
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