Florida Statute 776.032 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

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F.S. 776.032

776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force.—

(1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in s. 943.10(14), who was acting 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 was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful.

(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

(4) In a criminal prosecution, once a prima facie claim of self-defense immunity from criminal prosecution has been raised by the defendant at a pretrial immunity hearing, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity from criminal prosecution provided in subsection (1).

History.—s. 4, ch. 2005-27; s. 6, ch. 2014-195; s. 1, ch. 2017-72.

F.S. 776.032 on Google Scholar

F.S. 776.032 on Casetext

Amendments to 776.032

Arrestable Offenses / Crimes under Fla. Stat. 776.032

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.032.

Annotations, Discussions, Cases:

Cases Citing Statute 776.032

Total Results: 20

Cassanova Gabriel v. State of Florida

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

Snippet: interpretation of the scope of immunity granted by section 776.032(1), Florida Statutes (2022), the petitioner suffered…deadly force in defense of person), and section 776.032(1), Florida Statutes (2022) (providing for immunity… immunity from prosecution pursuant to section 776.032 does not apply to a person who has used deadly …motion to dismiss asserting immunity under section 776.032. See Acostafigueroa v. State, 373 So. 3d 908, 910…State, 750 So. 2d 1, 4 (Fla. 1999))). Section 776.032(1), which grants immunity from criminal and civil

Curtis Leroy Sherrod, II v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

Snippet: motion to dismiss based on the SYG law, section 776.032, Florida Statutes (2022). The trial court set a…So. 3d 908, 911 (Fla. 4th DCA 2023) (quoting § 776.032(1), Fla. Stat. (2022)). The statute effectively

Buis, Buis v. Universal Property & Casualty Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-06T00:00:00-07:00

Snippet: 286 So. 3d at 187 ("Here, although section 776.032(4) may make it more difficult—as a practical matter—for…Therefore, even if applied in a pending case, section 776.032(4) is not truly a retrospective statute."

Guillermo Alejandro Gazapo Figueroa v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-04T00:00:00-07:00

Snippet: immunity from prosecution pursuant to sections 776.032(1) and 776.0012(2), Florida Statutes (2020), Florida…prosecution by clear and convincing evidence. See § 776.032(4), Fla. Stat. (2020) (“In a criminal prosecution

State of Florida v. John Boutiette

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-28T00:00:00-07:00

Snippet: and applied the new standard pursuant to section 776.032(4), Florida Statutes (2017), concluding that the

Smith v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-19T00:00:00-07:00

Snippet: conduct and is immune from criminal prosecution.” § 776.032(1), Fla. Stat. The circuit court nevertheless…Smith’s entitlement to immunity. Section 776.032(4), Florida Statutes, provides that, “[i]n a criminal

Steven Bembridge v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-05T00:00:00-07:00

Snippet: his motion to dismiss filed pursuant to section 776.032, Florida Statutes (2022). However, the motion …for writ of certiorari order dismissing section 776.032 motion to dismiss based on trial court’s conclusion

Nicol Maslo v. The State of Florida

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

Snippet: criminal prosecution under sections 776.012(1) and 776.032(1) of the Florida Statutes (2024) – Florida’s …force. § 776.012(1), Fla. Stat. (2024). Section 776.032(1) provides, in relevant part, as follows: … and charging or prosecuting the defendant. § 776.032(1), Fla. Stat. (2024). … as untimely a motion to dismiss under section 776.032.”); Corbett v. State, 348 So. 3d 645, 648 (Fla.…quoting Jefferson, 264 So. 3d at 1028-29). Section 776.032(4) of the Florida Statutes (2024), governing “[

Carver v. State of Florida

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

Snippet: also §§ 776.012(2), 776.013(1)(b), 776.031(2), 776.032, Fla. Stat. (2018). However, Appellant was never

Alvaro Juan Silva v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-08T00:00:00-07:00

Snippet: rejected Stand Your Ground immunity claim. See § 776.032, Fla. Stat. (2022).

Jeffrey Grossfeld v. Security National Mortgage Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-17T00:00:00-07:00

Snippet: favor on November 10, 2021, in the amount of $332,776.32. The subject property was

Katina Paese v. State of Florida

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

Snippet: from criminal prosecution” pursuant to section 776.032(4), Florida Statutes (2020), which places the “…certain circumstances not applicable in this case. § 776.032(1), Fla. Stat. (2020). 4 As our supreme court explained…State, 51 So. 3d 456, 462 (Fla. 2010), “[s]ection 776.032(1) expressly grants defendants a substantive right…the [victim] was a law enforcement officer.” § 776.032(1), Fla. Stat. (2020). This exception does not

State of Florida v. Steve Lincoln

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-21T00:00:00-08:00

Snippet: motion seeking immunity and dismissal under § 776.032, Florida Statutes. At a subsequent hearing in 2018…which Appellee had been criminally charged. See § 776.032(4), Fla. Stat. (2017). Following 2016-era law,

HEART OF ADOPTIONS, INC. v. DEPT. OF CHILDREN & FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-08T00:00:00-07:00

Snippet: defense of self or others immunity under section 776.032, Florida Statutes (2021), which is also reviewable

JAMES T. NADELL v. APACHULA B. HURSEY

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

Snippet: FACTS AND PROCEDURAL BACKGROUND 1 Section 776.032(1) of the Florida Statutes (2018) provides, in …Granting Statutory Civil Immunity Pursuant to F.S. 776.032 (“SYG Motion”) in which Nadell seeks dismissal…determining a civil immunity claim under section 776.032 is the same as that employed by the courts in the

RICHARD BURNS v. STATE OF FLORIDA

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

Snippet: the incident with the tree-cutting crew. See § 776.032(1), Fla. Stat. (2020) (granting “immun[ity] from

OLAOLUWA OGUNWALE v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-03T00:53:00-07:00

Snippet: pursuant to Florida’s Stand Your Ground law. See § 776.032, Fla. Stat. (2021). We decline to review the petition

THE STATE OF FLORIDA v. EMILIO QUEVEDO

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

Snippet: asserting he was immune from prosecution under section 776.032 and 776.012, Florida Statutes (2021) (Florida’…). ANALYSIS AND DISCUSSION Section 776.032, Florida Statutes (2020) provides in pertinent …overcome Defendant’s self-defense immunity. See § 776.032(4), Fla. Stat.; Bouie, 292 So. 3d at 474 (recognizing…immunity from criminal prosecution”) (quoting § 776.032(4), Fla. Stat.). See also Viera v.

JOSEPH GUIDA vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-15T00:00:00-08:00

Snippet: pursuant to the Stand Your Ground law of section 776.032(4), Florida Statutes (2019), after an evidentiary…should be immune from prosecution under section 776.032(4) as to Count One, but provides no reasons as…from prosecution as to Count Two. Section 776.032(4) was amended in 2017 to clarify that the burden

JANEPSY CARBALLO v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-24T23:53:00-08:00

Snippet: recording, evidence bearing on Nissim’s 2 § 776.032, Fla. Stat. (2012).