The 2024 Florida Statutes
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. . . (2010) ("A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .
. . . 2005) ("A person who uses force as permitted in [ section] 776.012, [ section] 776.013, or [ section] 776.031 . . . set forth in the motion support the elements of self-defense in either section 776.012, 776.013, or 776.031 . . .
. . . provides in relevant part that [a] person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .
. . . situation where the defendant was in a dwelling and had the right to be there while § 776.012(1), and § 776.031 . . . Give if applicable. §§ 776.012(2), 776.031(2), Fla. Stat. . . . Stat., or § 776.031(2), Fla. Stat. . . . In defense of property. § 776.031(1), Fla. Stat. Give if applicable. . . .
. . . provides: A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013 or s. 776.031 . . .
. . . was not justified in using or threatening to use force as permitted in sections 776.012, 776.013, or 776.031 . . .
. . . part: (1) A person, who uses or threatens to use force as permitted in s. 776,012, s. 776.013, or s. 776.031 . . . section 776.032 requires that the use of force be permitted under either sections 776.012, 776.013, or 776.031 . . . See §§ 776.032, 776.012, 776.013, and 776.031, Fla. Stat. (2016). . . .
. . . prosecution for any person who uses force as permitted in .section 776.012, section 776.013, or section 776.031 . . .
. . . uses force in self-defense: (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .
. . . part that “[a] person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .
. . . Section 776.032(1) provides that a person using force as permitted by sections 776.012, 776.013, or 776.031 . . .
. . . criminal prosecution or civil action where person uses force authorized by sections 776.012, 776.13, 776.031 . . .
. . . Section 776.032(1) provides that persons using force as permitted under sections 776.012, 776.013, or 776.031 . . .
. . . .” § 776.031(1) (emphasis added). . . .
. . . section 776.032 provides: (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . . provide immunity to those who use or threaten to use force as permitted in sections 776.012, 776.013, or 776.031 . . . preponderance of the evidence that his or her use of force was lawful under sections 776.012, 776.013, or 776.031 . . .
. . . submitted by the Committee, while addressing a defendant’s duty to retreat under sections 776.012(2) and 776.031 . . . Give if applicable. §§ 776.012(2), 776.031(2)j Fla. Stat. the right to stand [his] [her] ground. . . . In defense of property. § 776.031(1), Fla. Stat. Give if applicable. . . .
. . . Finally, section 776.031, “Use of force in defense of others,” justifies the use of deadly and non-deadly . . . person does not have a-duty to retreat if the person is in a place where he or she has a right to be. § 776.031 . . . from criminal prosecution and civil actions for conduct justified under sections 776.012, 776.013, and 776.031 . . . See §§ 776.012-.013, 776.031-.032, Fla. Stat. . . .
. . . Under section 776.031, in order for the use of non-deadly force to be justifiable in defense of property . . . immediate family or household or of a person whose property he or she has a legal duty to protect. § 776.031 . . . . § 776.031, Fla. Stat.... . . . The jury instruction is derived from section 776.031, Florida Statutes (2013), which provides in pertinent . . . Under section 776.031, in order for the use of force to be justifiable, the victim must be interfering . . .
. . . prosecution and civil action for the justifiable use of force as permitted in sections 776.012, 776.013, and 776.031 . . .
. . . Your Ground law provides that when a person uses force as permitted by sections 776.012, 776.013, or 776.031 . . . for justifiable use of force.— (1) A person who uses force as permitted in § 776.012, § 776.013, or § 776.031 . . . 2005-27, Laws of Florida (2005), Florida law defined certain types of justified force, see §§ 776.12, 776.031 . . . providing that the use of force is justified only when used as permitted by sections 776.012, 776.013, or 776.031 . . . Section 776.031, Florida Statutes (2011), concerns circumstances in which the use of non-deadly force . . .
. . . We conclude that Viera is not immune from prosecution under section 776.031-.032, Florida Statutes (2011 . . . provides: A-person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .
. . . provides immunity from prosecution under three separate statutory defenses-sections 776.012, 776.013, and 776.031 . . .
. . . . §§ 776.012 (use of force in defense of person) and 776.031 (use of force in defense of others); Etcher . . .
. . . 776.013 (home protection or where person is standing in a place they have the right to be), and section 776.031 . . .
. . . .— (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in . . .
. . . for the use of that force: (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .
. . . .— (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in . . . not allege entitlement to immunity due to his use of force as authorized by either section 776.012 or 776.031 . . . 776.032(1), Florida Statutes, based on the defensive use of force as permitted in sections 776.012(1) and 776.031 . . . 1), the defendant must identify the particular statutory basis or avenue (section 776.012; 776.013; 776.031 . . . The bill also created section 776.013 and amended sections 776.012 and 776.031, Florida Statutes. . . .
. . . An affirmative defense that arises out of section 776.031, Florida Statutes, concerns a defendant’s justifiable . . .
. . . Under section 776.032(1): A person who uses force as permitted in s.776.012, s.776.013, or s.776.031 . . . language, provides immunity for a person “who uses force as permitted in sections 776.012, 776.013 or 776.031 . . .
. . . Stat. (2013) (providing that a “person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .
. . . Statutes (2007), provides that a "person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .
. . . , Florida Statutes, provides: A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .
. . . 776.032(1) grants criminal immunity to persons using force as permitted in sections 776.012, 776.013, or 776.031 . . . provides, in pertinent part, “A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . . criminal immunity to persons using force as permitted in section 776.012, section 776.013, or section 776.031 . . . Section 776.031 governed the use of force in defense of others, and it permitted the use of deadly force . . . force as permitted in three separate statutory provisions: section 776.012, section 776.013, or section 776.031 . . . which immunizes from prosecution “[a] person who uses force as permitted in s. 776.012, s. 776.013, or 776.031 . . .
. . . court concluded that petitioner was not entitled to statutory immunity from prosecution under section 776.031 . . .
. . . and grants criminal immunity to persons using force as authorized in sections 776.012, 776.013, or 776.031 . . .
. . . The standard instruction is based upon section 776.031, Florida Statutes (2010). . . . Garrido sought the use of a standard jury instruction based on a statutory defense provided by section 776.031 . . . In the instant case, Garrido does not argue that section 776.031 is ambiguous or confusing. . . . Instead, Garrido argues that the trial court was confused as to whether section 776.031 is applicable . . . Section 776.031, Florida Statutes, provides: A person is justified in the use of force, except deadly . . .
. . . See §§ 776.012, 776.031-.032, Fla. Stat. (2009). . . . Florida Statute sections 776.012, 776.013, and 776.031, when read together, allow for the use of deadly . . . Chapter 2005-27 amended two existing statutes: sections 776.012 and 776.031; and it created two new statutes . . . [] Section 776.032 provides that a person using force as permitted by sections 776.012, 776.013 or 776.031 . . .
. . . Standard Jury Instruction (Crim.) 3.6(f), Justifiable Use of Deadly Force, in which sections 776.012 and 776.031 . . .
. . . . § 776.031 (emphasis added). The statute creates an immunity from criminal prosecution. Fla. . . . Furthermore, the effect of retreat is even more profound where § 776.031 — the statute relevant for this . . . Section 776.031, on the other hand, justifies force “to the extent that the person reasonably believes . . . On the other hand, immunity on the basis of § 776.031 will generally involve threats to property. . . . Thus, Plaintiff Reagan’s case hinges on whether he is entitled to immunity pursuant to § 776.031. . . .
. . . October 1, 2005, provides: (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . . 776.032(1) provides, in part, that a “person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . . 2005-27, Laws of Florida (2005), Florida law defined certain types of justified force, see §§ 776.12, 776.031 . . .
. . . Ground” law and providing that a person who uses force as authorized in sections 776.012, 776.013, or 776.031 . . .
. . . . §§ 776.012, 776.031, Fla. Stat. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . . In defense of property. § 776.031, Fla. Stat. Give if applicable. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . .
. . . Section 776.032(1) provides that "[a] person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .
. . . justifiable use of force under section 776.013, commonly known as the castle doctrine, and section 776.031 . . . Section 776.032(1) provides that “[a] person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .
. . . See § 776.031, Fla. Stat. (2008). . . . The law reads, “[a] person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified . . .
. . . Court of Appeal concluded that the right to immunity from criminal prosecution afforded in section 776.031 . . .
. . . Your Ground” statute provides: A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .
. . . .— (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in . . .
. . . . §§ 776.012, 776.031, Fla. Stat. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.011, Fla. . . . In defense of property. § 776.031, Fla. Stat. Give if applicable. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.0U, Fla. . . .
. . . circumstances in which an individual can justifiably use force against another in self-defense); § 776.031 . . .
. . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776M1, Fla. . . .
. . . . §§ 776.012, 776.031, Fla. Stat. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . . In defense of property. § 776.031, Fla. Stat. Give ifapplieable. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.011, Fla. . . .
. . . In defense of property F.S. 776.031 (Defendant) would be justified in using force not likely to cause . . . In some instances, the instructions applicable to F.S. 776.012, 776.031 or 776.041 may need to be given . . .
. . . ." §§ 776.012, 776.031, 782.02, Fla.Stat. (1985); Falco v. State, 407 So.2d 203 (Fla.1981). . . .
. . . Section 776.031, Florida Statutes, provides that one is justified in the use of deadly force in the defense . . . 776, and since force in defense of another under specified circumstances is justifiable under section 776.031 . . . , the defendant correctly argues that the section 776.031 defense must be included in an instruction . . .
. . . defendant the right to assert self-defense and defense of others, pursuant to sections 776.012 and 776.031 . . . This restriction, however, is statutorily limited to sections 776.012 and 776.031 and to cases in which . . .
. . . In some instances, the instructions applicable to F.S. 776.012, 776.031 or 776.041 may need to be given . . . Reed in all cases In defense of parson F.S. 776.012 Give if applicable In defense of property F.S. 776.031 . . . In seme instances, the instructions applicable to F.S. 776.012, 776.031 or 776.041 may need to be given . . .
. . . Similarly, section 776.031, entitled “Use of force in defense of others” provides: A person is justified . . . greater right to use deadly force to protect real property, other than a dwelling, pursuant to section 776.031 . . . however, is based on the faulty premise that a property owner has the “right”, pursuant to section 776.031 . . . First, appellant overlooks the fact that section 776.031, although expressly excluding the dwelling in . . . Therefore, in light of section 782.02 and the castle doctrine, and our construction of section 776.031 . . .
. . . . § 776.031, Fla.Stat. (1979); State v. Smith, 376 So.2d 261 (Fla.3d DCA 1979). . . .