Florida Statute 776.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

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F.S. 776.031

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.

History.—s. 13, ch. 74-383; s. 1189, ch. 97-102; s. 3, ch. 2005-27; s. 5, ch. 2014-195.

F.S. 776.031 on Google Scholar

F.S. 776.031 on Casetext

Amendments to 776.031

Arrestable Offenses / Crimes under Fla. Stat. 776.031

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.031.

Annotations, Discussions, Cases:

Cases Citing Statute 776.031

Total Results: 20

Cassanova Gabriel v. State of Florida

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

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

Nicol Maslo v. The State of Florida

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

Snippet: permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune

Carver v. State of Florida

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

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

CARLOS LORENZO GONZALEZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-19T00:00:00-07:00

Snippet: instruction is based on sections 776.012(2) and 776.031(2), Florida Statutes (2014). The Standard Instruction… 24 § 776.012(2), Fla. Stat. (2014). Section 776.031, Florida Statutes, entitled “Use or threatened… a place where he or she has a right to be. § 776.031(2), Fla. Stat. (2014). Finally, within Chapter …may be justified. Both sections 776.012(2) and 776.031(2) apply when a person “reasonably believes” that…of a forcible felony.” In the case of section 776.031(2), the person must reasonably believe “that such

Katina Paese v. State of Florida

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

Snippet: subsection of the SYG law—776.031(2)—rather than the applicable subsection—776.031(1)—when it concluded that…from prosecution. Compare § 776.031(1), Fla. Stat. (2020), with § 776.031(2), Fla. Stat. (2020). … section 776.031(1) does not mention any threat of “physical harm.” Instead, section 776.031(1) expressly…force” permitted by sections 776.012, 776.013, or 776.031, Florida Statutes (2020), except in certain circumstances…same force as did the defendant.”). Section 776.031(1) provides: A person is justified in using

JAMES T. NADELL v. APACHULA B. HURSEY

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

Snippet: as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from

RICHARD BURNS v. STATE OF FLORIDA

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

Snippet: dogs, which are his personal property. 4 See § 776.031(1), Fla. Stat. (2020) (justifying the use or threatened…2016). 5 Notably, the plain language of section 776.031(1) would not have prohibited Burns from using non-deadly…other than a dwelling or personal property.” See § 776.031(1), Fla. Stat. (2020) (emphasis added); see also…force “permitted in s. 776.012, s. 776.013, or s. 776.031” (emphasis added)). We therefore grant Burns’ petition

THE STATE OF FLORIDA v. EMILIO QUEVEDO

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

Snippet: permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune

THE STATE OF FLORIDA v. GARY CHARLES MOORE II

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

Snippet: permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune

Roy P. Boston v. State of Florida

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

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

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 that the

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 that the defendant

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

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

Snippet: criminal activity. Notably, §§ 776.012(2) and 776.031(2), Fla. Stats., state: “A person who uses…the right to be there while §§ 776.012(1), and 776.031(2), Fla. Stats., cover other situations. Judges…the right to be there while § 776.012(1), and §776.031(2), Fla. Stat., cover other situations. The Committee…2011). Give if applicable. §§ 776.012(2), 776.031(2), Fla. Stat. Defendant not in a dwelling or residence…instructed on either § 776.012(2), Fla. Stat., or § 776.031(2), Fla. Stat. The words within the second set

MAX GARCIA v. STATE OF FLORIDA

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

Snippet: as permitted in sections 776.012, 776.013, or 776.031. Section 776.012(1) authorizes the use of nondeadly… The trial court cited to sections 776.031(1) and 776.013(1) when it found that Mr. Melchild…#39;s initial use of force was lawful. Section 776.031(1) governs the use of nondeadly force in defense…personal property lawfully in his possession. § 776.031(1) (emphasis added); see also § 776.013(5)(a) …) (defining "dwelling"). Section 776.031(1) does not apply to a dwelling and is inapplicable

Amos Moorer v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-23T00:53:00-07:00

Snippet: added: Give if applicable. §§ 776.012(2), 776.031(2), Fla. Stat. Defendant not in a dwelling

Corry Mency v. State of Florida

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

Snippet: permitted in s. 776.012, s. 776.013, or s.776.031 is justified in using such force and is immune… force[.] Sections 776.012, 776.013, and 776.031 are the general self- defense statutes that may…force as permitted is s. 776.012, s. 776.013 or s. 776.031.” Dennis quoted from the section of Peterson in

TREVOR DOOLEY v. STATE OF FLORIDA

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

Snippet: as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from

WILLIE JEFFERSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-28T00:00:00-08:00

Citation: 264 So. 3d 1019

Snippet: section] 776.012, [section] 776.013, or [section] 776.031 is justified in using such force and is immune…self-defense in either section 776.012, 776.013, or 776.031. If the trial court determines that the defendant

State of Florida v. Peter Peraza

Court: Fla. | Date Filed: 2018-12-13T00:00:00-08:00

Citation: 259 So. 3d 728

Snippet: as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune

State of Florida v. Peter Peraza

Court: Fla. | Date Filed: 2018-12-12T23:53:00-08:00

Snippet: as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune