Florida Statute 776.013 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 776.013

Arrestable Offenses / Crimes under Fla. Stat. 776.013

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.013.

Annotations, Discussions, Cases:

Cases Citing Statute 776.013

Total Results: 20

Cassanova Gabriel v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: additional statutory language, namely in sections 776.013 and 776.031, Florida Statutes (2022), appears …additional statutory language, namely in sections 776.013 and 776.031, Florida Statutes (2022), that appears

Nicol Maslo v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-21T00:00:00-07:00

Snippet: use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct

Carver v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-10T00:00:00-07:00

Snippet: 70 (Fla. 2d DCA 2022); see also §§ 776.012(2), 776.013(1)(b), 776.031(2), 776.032, Fla. Stat. (2018).

Katina Paese v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: 776.012(1), 776.013(1)(a), Fla. Stat. (2020). Unlike sections 776.012(1) and 776.013(1)(a), section… of such force” permitted by sections 776.012, 776.013, or 776.031, Florida Statutes (2020), except in…use of non-deadly force—sections 776.012(1) and 776.013(1)(a)—seem to require some threat of “physical …Compare § 776.012(1), Fla. Stat. (2020), and § 776.013(1)(a), Fla. Stat. (2020), with § 776.031(1), Fla….012(1), Fla. Stat. (2020). 7 Nor does section 776.013 apply, because the material facts did not demonstrate

JAMES T. NADELL v. APACHULA B. HURSEY

Court: Fla. Dist. Ct. App. | Date Filed: 2023-06-21T00:00:00-07:00

Snippet: threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and

RICHARD BURNS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-24T00:53:00-07:00

Snippet: threatened use of force “permitted in s. 776.012, s. 776.013, or s. 776.031” (emphasis added)). We therefore

THE STATE OF FLORIDA v. EMILIO QUEVEDO

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-15T00:53:00-07:00

Snippet: use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct

THE STATE OF FLORIDA v. GARY CHARLES MOORE II

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-01T23:53:00-08:00

Snippet: use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct

Roy P. Boston v. State of Florida

Court: Fla. | Date Filed: 2021-10-07T00:53:00-07:00

Snippet: threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031.” Id. Relevant to this case, section

JEREMY BETHEA v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-02T00:53:00-07:00

Snippet: self-defense in either section 776.012, 776.013, or 776.031. If the trial court determines

STATE OF FLORIDA v. MICHAEL EDWARD CASSADAY

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-09T23:53:00-08:00

Snippet: self-defense in either section 776.012, 776.013, or 776.031. If the trial court determines

DEMETRIUS ELDER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-05-27T00:53:00-07:00

Snippet: deadly force, as established by section 776.013(1), Florida Statutes (2013) During the charge…the standard jury instruction modeled on section 776.013, Florida Statutes, which creates a presumption …Instr. (Crim.) 3.6(f) (emphasis added); see also § 776.013(1), Fla. Stat. (2013). 1 …regarding “threatening to use” defensive force. See § 776.013(1), Fla. Stat. (2014). However, the “threatening

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

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: § 943.10(14), Fla. Stat. § 776.013(4), Fla. Stat. § 776.013(5), Fla. Stat. Give if applicable.… § 943.10(14), Fla. Stat. §§ 776.013(4), 776.013(5), Fla. Stat. Give if applicable. …paragraph is included in the section under section 776.013(1), and provides as follows: …stand-your-ground/no duty to retreat. Additionally, § 776.013(1), Fla. Stat., covers the situation where the …stand-your-ground/no duty to retreat. Additionally, § 776.013(1), Fla. Stat., covers the situation where the

Tashara Love v. State of Florida

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: Smiley Smiley addressed whether section 776.013, Florida Statutes (2005), which was enacted in…: The key determination is that section 776.013 qualifies as a “criminal statute.” With regard…. at 591. In the instant matter, section 776.013 qualifies as a “criminal statute,” because it has…because retroactive application of section 776.013 would provide him with a new affirmative defense

MAX GARCIA v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-26T23:53:00-08:00

Snippet: using force as permitted in sections 776.012, 776.013, or 776.031. Section 776.012(1) authorizes the …The trial court cited to sections 776.031(1) and 776.013(1) when it found that Mr. Melchild's initial…possession. § 776.031(1) (emphasis added); see also § 776.013(5)(a) (defining "dwelling"). Section …s initial use of force. Section 776.013 provides that a person who is in a dwelling or … -5- See § 776.013(1)(a). No evidence suggested that Mr. Melchild&

ELTON BOLDUC v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-04T00:53:00-07:00

Snippet: not be engaged in unlawful activity, section 776.013(3), a subsection governing the use of force outside…This created some confusion over whether section 776.013(3) expressed or implied a requirement that a defendant…words "unlawful activity" in section 776.013(3), while the amended version of section 776.012

Corry Mency v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-12T00:53:00-07:00

Snippet: uses force as permitted in s. 776.012, s. 776.013, or s.776.031 is justified in using such force …the use of such force[.] Sections 776.012, 776.013, and 776.031 are the general self- defense statutes…person used “force as permitted is s. 776.012, s. 776.013 or s. 776.031.” Dennis quoted from the section

MAX HORTON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-24T00:53:00-07:00

Snippet: statutory immunity provided by sections 776.032, 776.013, and 776.012, Florida Statutes (2015). In that

TREVOR DOOLEY v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-03T00:53:00-07:00

Snippet: 776.012(1) or 776.013(3). . . . .... Section 776.013(3) applies… 776.013(3) are not identical. A person proceeding under section 776.013(3) would… permitted in section 776.013(3). But section 776.013(3) provides only one …Ground" defense under sections 776.012 and 776.013(3), Florida Statutes (2010). Initially, the State…threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and

James Waters v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-28T00:53:00-07:00

Snippet: counsel understood the distinction between section 776.013 and 776.012 and sought immunity from prosecution…was engaged in unlawful activity under section 776.013 and not entitled to Stand Your Ground immunity)