Florida Statutes
Fla. Stat. § 776.031 (2025)
Use or threatened use of force in defense of property.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
776.031 Use or threatened use of force in defense of property.—
(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
(2) A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
Notes of Decisions
Cited in 39
cases (6 in the last 5 years), 1980–2026 · leading case: Garrido v. State, 97 So. 3d 291 (Fla. 4th DCA 2012).
Garrido v. State, 97 So. 3d 291 (Fla. 4th DCA 2012). “§ 776.031, Fla. Stat. (2010) (emphasis added).”
State of Florida v. Robert Franklin Floyd, 186 So. 3d 1013 (Fla. 2016). “§ 776.031 Fla. Stat. (2010) (emphasis supplied).”
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 2017-07., 257 So. 3d 908 (Fla. 2018). “§ 776.031(1), Fla. Stat. Give if applicable.”
Falco v. State, 407 So. 2d 203 (Fla. 1981). “Similarly, section 776.031, entitled "Use of force in defense of others" provides: A person is justified in the use of force, except deadly force, against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such…”
In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008). “§ 776.031, Fla. Stat. Give if applicable.”
Gerlo Ulysse v. State of Florida, 174 So. 3d 464 (Fla. 4th DCA 2015). “§ 776.031, Fla. Stat. . . . (Defendant) would be justified in using non-deadly force against (victim) if the following three facts are proved: 1.”
In Re Jury Inst. in Cr. Cases (No. 2005-4), 930 So. 2d 612 (Fla. 2006). “§ 776.031, Fla. Stat. Give if applicable.”
Viera v. State, 163 So. 3d 602 (Fla. 3d DCA 2015). “it was unreasonable for the Defendant to attack Osorio as there is no evidence that he was in reasonable fear of imminent death or great bodily harm.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-06, 191 So. 3d 411 (Fla. 2016). “§ 776.031(1), Fla. Stat. Give if applicable.”
Gray v. State, 13 So. 3d 114 (Fla. 5th DCA 2009). “1st DCA 2008), the First District Court of Appeal concluded that the right to immunity from criminal prosecution afforded in section 776.031(1), Florida Statutes (2007) (commonly known as the “stand your ground” law) is to be determined by the court after an evidentiary…”
Stand. Jury Inst. in Crim. Cases (2006-3), 947 So. 2d 1159 (Fla. 2007). “§ 776.031, Fla. Stat. Give if applicable.”
— 776.031(1) — 11 cases
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-06, 191 So. 3d 411 (Fla. 2016). “§ 776.031(1), Fla. Stat. Give if applicable.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-07., 257 So. 3d 908 (Fla. 2018). “§ 776.031(1), Fla. Stat. Give if applicable.”
Gray v. State, 13 So. 3d 114 (Fla. 5th DCA 2009). “1st DCA 2008), the First District Court of Appeal concluded that the right to immunity from criminal prosecution afforded in section 776.031(1), Florida Statutes (2007) (commonly known as the “stand your ground” law) is to be determined by the court after an evidentiary…”
Katina Paese v. State of Florida (Fla. 4th DCA 2024).
Gerlo Ulysse v. State of Florida, 174 So. 3d 464 (Fla. 4th DCA 2015). “§ 776.031, Fla. Stat. . . . (Defendant) would be justified in using non-deadly force against (victim) if the following three facts are proved: 1.”
— 776.031(2) — 5 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-07., 257 So. 3d 908 (Fla. 2018). “§ 776.031(1), Fla. Stat. Give if applicable.”
Carlos Lorenzo Gonzalez v. State of Florida (Fla. 6th DCA 2024).
Katina Paese v. State of Florida (Fla. 4th DCA 2024).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.