Florida Statutes

Fla. Stat. § 776.032 (2025)

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

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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.

Notes of Decisions

Cited in 222 cases (78 in the last 5 years), 2007–2026 · leading case: Willie Jefferson v. State of Florida, 264 So. 3d 1019 (Fla. 2d DCA 2018).

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Willie Jefferson v. State of Florida, 264 So. 3d 1019 (Fla. 2d DCA 2018). · cites it 42× “; see also § 776.032, Fla. Stat. (2005) ("A person who uses force as permitted in [section] 776.”

Dennis v. State, 51 So. 3d 456 (Fla. 2010). · cites it 37× “§ 776.032, Fla. Stat. (2006). Florida Rule of Criminal Procedure 3.”

Love v. State, 247 So. 3d 609 (Fla. 3d DCA 2018). · cites it 19× “Petitioner Tashara Love seeks a writ of prohibition directing the trial court to discharge her from prosecution on the ground of statutory immunity pursuant to Florida’s Stand Your Ground Law, section 776.032, Florida Statutes (2017).”

Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013). · cites it 17× “This is also apparent in section 776.032, which immunizes from prosecution “[a] person who uses force as permitted in s.”

Velasquez v. State, 9 So. 3d 22 (Fla. 4th DCA 2009). · cites it 26× “The defendant filed a petition for writ of prohibition challenging the trial court's failure to find the defendant immune under section 776.032, Florida Statutes (2008), the "Stand Your Ground" law.”

Ketan Kumar v. Nirav C. Patel, 227 So. 3d 557 (Fla. 2017). · cites it 12× “The Second District granted Patel’s petition, holding that section 776.032, Florida Statutes (2008), guarantees a single Stand Your Ground immunity determination for both criminal and civil actions and certifying direct conflict with Flemmings.”

Ronald Hight, Jr. v. State of Florida, 253 So. 3d 1137 (Fla. 4th DCA 2018). · cites it 9× “§ 776.032, Fla. Stat. The Florida Supreme Court subsequently determined in Bretherick v.”

Peterson v. State, 983 So. 2d 27 (Fla. 1st DCA 2008). · cites it 8× “§ 776.032, Fla. Stat. (2006). Section 776.”

Viera v. State, 163 So. 3d 602 (Fla. 3d DCA 2015). · cites it 16× “…of the case at hand, and based on the record before us, I concur that Viera’s petition must be denied. 5 § 776.032, Fla. Stat. (2011). 8”

Harvey M. Hill v. State, 143 So. 3d 981 (Fla. 4th DCA 2014). · cites it 8× “Section 776.032, perhaps the heart of the Stand Your Ground amendments, provides immunity from criminal prosecution and civil action when the use of force is permissible under section 776.”

McDaniel v. State, 24 So. 3d 654 (Fla. 2d DCA 2009). · cites it 11× “190(c)(4) but one for immunity pursuant to section 776.032— that McDaniel was immune from prosecution because the evidence showed that the victim was attempting to commit a forcible felony against McDaniel’s mother and that McDaniel was acting in defense of his mother and his…”

Horn v. State, 17 So. 3d 836 (Fla. 2d DCA 2009). · cites it 10× “Horn was not entitled to immunity under section 776.032, Florida Statutes (2007).”

Show all 222 citing cases →

— 776.032(1) — 84 cases

Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013). “This is also apparent in section 776.032, which immunizes from prosecution “[a] person who uses force as permitted in s.”

Dennis v. State, 51 So. 3d 456 (Fla. 2010). “§ 776.032, Fla. Stat. (2006). Florida Rule of Criminal Procedure 3.”

State of Florida v. Peter Peraza, 259 So. 3d 728 (Fla. 2018).

Peterson v. State, 983 So. 2d 27 (Fla. 1st DCA 2008). “§ 776.032, Fla. Stat. (2006). Section 776.”

State of Florida v. Robert Franklin Floyd, 186 So. 3d 1013 (Fla. 2016).

— 776.032(2) — 7 cases

Velasquez v. State, 9 So. 3d 22 (Fla. 4th DCA 2009). “The defendant filed a petition for writ of prohibition challenging the trial court's failure to find the defendant immune under section 776.032, Florida Statutes (2008), the "Stand Your Ground" law.”

Bartlett v. State, 993 So. 2d 157 (Fla. 1st DCA 2008).

Skinner v. Bevans, 116 So. 3d 1147 (Ala. Civ. App. 2012).

Alton D. Johnson v. State of Florida, 268 So. 3d 806 (Fla. 4th DCA 2019).

Davis v. City of Apopka, 356 F. Supp. 3d 1366 (M.D. Fla. 2018).

— 776.032(3) — 3 cases

Ketan Kumar v. Nirav C. Patel, 227 So. 3d 557 (Fla. 2017). “The Second District granted Patel’s petition, holding that section 776.032, Florida Statutes (2008), guarantees a single Stand Your Ground immunity determination for both criminal and civil actions and certifying direct conflict with Flemmings.”

Roofing v. Flemmings, 138 So. 3d 524 (Fla. 3d DCA 2014).

Patel v. Kumar, 196 So. 3d 468 (Fla. 2d DCA 2016).

— 776.032(4) — 58 cases

Willie Jefferson v. State of Florida, 264 So. 3d 1019 (Fla. 2d DCA 2018). “; see also § 776.032, Fla. Stat. (2005) ("A person who uses force as permitted in [section] 776.”

Love v. State, 247 So. 3d 609 (Fla. 3d DCA 2018). “Petitioner Tashara Love seeks a writ of prohibition directing the trial court to discharge her from prosecution on the ground of statutory immunity pursuant to Florida’s Stand Your Ground Law, section 776.032, Florida Statutes (2017).”

Patrick Michael Langel v. State of Florida, 255 So. 3d 359 (Fla. 4th DCA 2018).

Blair Alexandria Edwards v. State of Florida, 257 So. 3d 586 (Fla. 1st DCA 2018).

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