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Florida Statute 776.013 | Lawyer Caselaw & Research
F.S. 776.013 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 776
JUSTIFIABLE USE OF FORCE
View Entire Chapter
F.S. 776.013
776.013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.
(1) A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:
(a) Nondeadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force; or
(b) Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
(2) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(3) The presumption set forth in subsection (2) does not apply if:
(a) The person against whom the defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used or threatened; or
(c) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or
(d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle 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 entering or attempting to enter was a law enforcement officer.
(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
(5) As used in this section, the term:
(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
History.s. 1, ch. 2005-27; s. 4, ch. 2014-195; s. 1, ch. 2017-77.

F.S. 776.013 on Google Scholar

F.S. 776.013 on Casetext

Amendments to 776.013


Arrestable Offenses / Crimes under Fla. Stat. 776.013
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.013.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DOOLEY, v. STATE, 268 So. 3d 880 (Fla. App. Ct. 2019)

. . . Dooley's "Stand Your Ground" defense under sections 776.012 and 776.013(3), Florida Statutes (2010). . . . While that limitation may pertain to section 776.013(3), Mr. . . . Section 776.013(3) applies when a person is (1) not engaged in an unlawful activity and (2) attacked . . . See § 776.013(2)(c). The requirements under sections 776.012(1) and 776.013(3) are not identical. . . . But section 776.013(3) provides only one means of obtaining immunity under section 776.032(1). . . .

WATERS, v. STATE, 267 So. 3d 538 (Fla. App. Ct. 2019)

. . . prejudice prong, the appellant asserted that had counsel understood the distinction between section 776.013 . . . holding a convicted felon in possession of a firearm was engaged in unlawful activity under section 776.013 . . .

WILLIAMS, v. STATE, 261 So. 3d 1248 (Fla. 2019)

. . . State , 105 So.3d 5, 13 (Fla. 2d DCA 2012) (citing § 776.013(3), Fla. Stat. (2008) ). . . .

JEFFERSON, v. STATE, 264 So. 3d 1019 (Fla. App. Ct. 2018)

. . . Stat. (2005) ("A person who uses force as permitted in [ section] 776.012, [ section] 776.013, or [ section . . . alleged facts set forth in the motion support the elements of self-defense in either section 776.012, 776.013 . . .

STATE v. PERAZA,, 259 So. 3d 728 (Fla. 2018)

. . . Ground law, provides in relevant part that [a] person who uses force as permitted in s. 776.012, s. 776.013 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 908 (Fla. 2018)

. . . Additionally, § 776.013(1), Fla. . . . Give if applicable. § 776.013(1), Fla. Stat. . . . Give if applicable. § 776.013( 1 2 ), Fla. Stat. . . . Stat. § 776.013(4), Fla. Stat. § 776.013(5), Fla. Stat. Give if applicable. . . . Stat. §§ 776.013(4), 776.013(5), Fla. Stat. Give if applicable. . . .

FULLER, v. STATE, 257 So. 3d 521 (Fla. App. Ct. 2018)

. . . The complained of jury instruction was based on section 776.013, and read: If the defendant was not engaged . . . unlawful activity as the circumstances involved in the shooting fell under section 776.012 rather than 776.013 . . . The supreme court found that "section 776.013 created a new affirmative defense for situations in which . . .

MEDINA, v. STATE, 254 So. 3d 1148 (Fla. App. Ct. 2018)

. . . Section 776.013(3), Florida Statutes (2013) permitted the use of deadly force to prevent death or great . . . immunity under section 776.012 even though the unlawful activity would preclude immunity under section 776.013 . . .

STATE v. REININGER,, 254 So. 3d 996 (Fla. App. Ct. 2018)

. . . article X, section 9 of the Florida Constitution makes it constitutionally impermissible for section 776.013 . . .

LANGEL, v. STATE, 255 So. 3d 359 (Fla. App. Ct. 2018)

. . . Petitioner did not show any of the circumstances in section 776.013(2) that create a presumption of fear . . .

MORALES, v. STATE, 251 So. 3d 167 (Fla. App. Ct. 2018)

. . . Statutes (2014), provides: A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013 . . .

LOVE, v. STATE, 247 So. 3d 609 (Fla. App. Ct. 2018)

. . . the use of two special jury instructions based upon the newly enacted statute, at the time section 776.013 . . . The Fourth District granted the State's petition, holding that section 776.013, Florida Statutes (2005 . . . the Fourth District certified the following question to be of great public importance: "DOES SECTION 776.013 . . . defendant was not justified in using or threatening to use force as permitted in sections 776.012, 776.013 . . . The key determination is that section 776.013 qualifies as a "criminal statute." . . .

STATE v. CHAVERS,, 230 So. 3d 35 (Fla. Dist. Ct. App. 2017)

. . . in pertinent part: (1) A person, who uses or threatens to use force as permitted in s. 776,012, s. 776.013 . . . because section 776.032 requires that the use of force be permitted under either sections 776.012, 776.013 . . . See §§ 776.032, 776.012, 776.013, and 776.031, Fla. Stat. (2016). . . .

M. PILEGGI, v. STATE, 232 So. 3d 415 (Fla. Dist. Ct. App. 2017)

. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . Stat. (2010)., To that end, section 776.013(3) of the Stand Your Ground law stated; A person who is not . . . great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. § 776.013 . . . Stat. (2010); § 776.013(3), Fla. Stat. (2010). . . .

EADY, v. STATE, 229 So. 3d 434 (Fla. Dist. Ct. App. 2017)

. . . • from criminal prosecution for any person who uses force as permitted in .section 776.012, section 776.013 . . . Although section 776.013 precludes immunity where a person engages in unlawful activity at the time they . . . that Little was not entitled to immunity because he was engaged in unlawful activity under section 776.013 . . . and held (1) that a person may pursue immunity if they qualify “under either section 776.012(1) or 776.013 . . . In 2014, the legislature amended section 776,012 to conform with section 776.013 so as to require the . . .

KUMAR, v. C. PATEL,, 227 So. 3d 557 (Fla. 2017)

. . . who lawfully uses force in self-defense: (1) A person who uses force as permitted in s. 776.012, s. 776.013 . . .

ST. PIERRE, v. STATE, 228 So. 3d 583 (Fla. Dist. Ct. App. 2017)

. . . kicked; Ultimately, appellant’s counsel agreed to an instruction based, on the 2012 version of section 776.013 . . . The court read to the jury . the following instruction based on section 776.013 regarding the self-defense . . .

I. ERMINI, f k a I. v. SCOTT,, 249 F. Supp. 3d 1253 (M.D. Fla. 2017)

. . . The Florida Stand Your Ground law, codified in Florida Statutes §§ 776.012 and 776.013, substantially . . .

A. REID, v. STATE, 213 So. 3d 1110 (Fla. Dist. Ct. App. 2017)

. . . in pertinent part that “[a] person who uses or threatens to use force as permitted in s. 776.012, s. 776.013 . . .

EARLY, v. STATE, 223 So. 3d 1023 (Fla. Dist. Ct. App. 2017)

. . . section 776.012, Section 776.032(1) provides that a person using force as permitted by sections 776.012, 776.013 . . .

ANDUJAR- RUIZ, v. STATE, 205 So. 3d 803 (Fla. Dist. Ct. App. 2016)

. . . though the same unlawful activity would prevent him or her from obtaining the immunity under section 776.013 . . . Section 776.032(1) provides that persons using force as permitted under sections 776.012, 776.013, or . . . defendant was not entitled to immunity because he was engaged in unlawful activity, citing section 776.013 . . . Although section 776.013(3) requires that a defendant not be engaged in unlawful activity, as we explained . . .

DOOLEY, v. STATE, 206 So.3d 87 (Fla. Dist. Ct. App. 2016)

. . . gave essentially conflicting instructions on justifiable use of force based on sections 776.012 and 776.013 . . .

MARTY, v. STATE, 210 So. 3d 121 (Fla. Dist. Ct. App. 2016)

. . . instruction on the presumption of reasonable fear of death or great bodily harm, pursuant to section 776.013 . . .

PIERCE, v. STATE, 198 So. 3d 1051 (Fla. Dist. Ct. App. 2016)

. . . Florida’s Stand Your Ground law is codified in sections 776.012 and 776.013. . . . Section 776.013, Florida Statutes (2010) (amended 2014), states: Home protection; use of deadly force . . . “Unlike section 776.013, section 776.012(1) does not -mention that the protections of the statute are . . . Significantly, in the instant case, however, appellant relied on both sections 776,012 and 776.013 in . . . In the instant case, because appellant re lied on both sections 776.012 and 776.013 in his defense, and . . .

C. PATEL, v. KUMAR,, 196 So. 3d 468 (Fla. Dist. Ct. App. 2016)

. . . pertinent part, section 776.032 provides: (1) A person who uses force as permitted in s. 776.012, s. 776.013 . . . 2014, to provide immunity to those who use or threaten to use force as permitted in sections 776.012, 776.013 . . . by a preponderance of the evidence that his or her use of force was lawful under sections 776.012, 776.013 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 191 So. 3d 411 (Fla. 2016)

. . . Uo-djuty.to - retreat. § 776.013(3), Fla. Stak. See Novak v. . . . Give if applicable. § ■776.013(1), Fla. Stat. . . . Stat. § 776.013(b), Fla. Stat. § 776.018(5), Fla. Stat. Give if applicable. . . . Give if applicable. § 776.013(1), Fla. Stat. . . . Stat § 776.018a), § 776.013(5), Fla. Stat Give if applicable. . . .

NAVARRO, v. STATE, 190 So. 3d 212 (Fla. Dist. Ct. App. 2016)

. . . instruction and 'the trial court declined to give the instruction, stating, “I think that [section] 776.013 . . . While section 776.013, Florida Statutes- (-2013), requires an element of home protection, section 776.012 . . .

STATE v. FLOYD,, 186 So. 3d 1013 (Fla. 2016)

. . . imminent commission of a forcible felony, or (2) Under those . circumstances permitted pursuant-to s. 776.013 . . . Next, section 776.013, “Home protection; use of deadly force; presumption of fear of death or great bodily . . . bodily harm to himself or herself or another or to prevent the commission of a forcible felony., § 776.013 . . . immunities from criminal prosecution and civil actions for conduct justified under sections 776.012, 776.013 . . .

JACKSON, v. STATE, 179 So. 3d 443 (Fla. Dist. Ct. App. 2015)

. . . instruction on the use of nondeadly force in self-defense, which incorporated the language in section 776.013 . . .

ROBINSON, v. STATE, 175 So. 3d 887 (Fla. Dist. Ct. App. 2015)

. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . Compare the provision commonly known as the Stand Your Ground law: 776.013 Home protection; use of deadly . . . bodily harm to himself or herself or another- or to prevent the commission of a forcible felony. § 776.013 . . .

J. FORD, v. STATE, 172 So. 3d 1003 (Fla. Dist. Ct. App. 2015)

. . . State, 74 So.3d 521, 527 (Fla. 4th DCA 2011) (“The plain language of section 776.013(3) provides that . . . Florida Statutes in effect from 2005 to 2014 was intended to be an elective alternative to section 776.013 . . . and those not so engaged improperly renders meaningless the unlawful activity exception of section 776.013 . . . Properly interpreted, the specific unlawful activity exception of section 776.013(3) applies to the general . . .

TRAMEL, v. STATE, 243 So. 3d 423 (Fla. App. Ct. 2015)

. . . See § 776.013(3), Fla. Stat. (2011). See Fla. Std. Jury Instr. (Crim.) 3.6(f). . . .

WYCHE, v. STATE, 170 So. 3d 898 (Fla. Dist. Ct. App. 2015)

. . . court is standard jury instruction 3.6(f), which incorporates, in relevant part, sections 776.012, 776.013 . . . Section 776.013 discusses circumstances when a person has no duty to retreat, and includes subsection . . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . The circumstances provided in section 776.013 initially address when the force is used against someone . . . great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. § 776.013 . . . person (section 776.012), circumstances in which there is no duty to retreat (sections 776.012 and 776.013 . . .

BRETHERICK, v. STATE, 170 So. 3d 766 (Fla. 2015)

. . . The Stand Your Ground law provides that when a person uses force as permitted by sections 776.012, 776.013 . . . civil action for justifiable use of force.— (1) A person who uses force as permitted in § 776.012, § 776.013 . . . (providing that the use of force is justified only when used as permitted by sections 776.012, 776.013 . . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to § 776.013 . . . Section 776.013, Florida Statutes (2011), addresses circumstances in which force is used against a person . . .

WATERS, v. STATE, 174 So. 3d 434 (Fla. Dist. Ct. App. 2015)

. . . giving of select standard jury instructions bearing on his claim of self-defense as provided in section 776.013 . . .

ROBERTS, v. STATE, 168 So. 3d 252 (Fla. Dist. Ct. App. 2015)

. . . Duty to Retreat — §§ 776.012(1), 776.013(3), and 776.Oil, Fla. . . . Section 776.013(3) stated a person not engaged in unlawful activity had no duty to retreat: (3) A person . . . if that person “reasonably believed it is necessary to prevent death or great bodily harm.” § 776.013 . . . Here, instructions reflecting sections 776.012(1), 776.013(3), and 776.041(2) were read to the jury. . . . Like in Garrett, even under the section 776.013(3) instruction, there was evidence from which the jury . . .

ROSARIO, v. STATE, 165 So. 3d 852 (Fla. Dist. Ct. App. 2015)

. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . Under those-circumstances permitted pursuant-tos. 776.013. . . . .

NEAL, v. STATE, 169 So. 3d 158 (Fla. Dist. Ct. App. 2015)

. . . The Second District agreed, and stated: Section 776.013, Florida Statutes (2012), provides as follows . . .

CRUZ, v. STATE, 189 So. 3d 822 (Fla. Dist. Ct. App. 2015)

. . . See § 776.013(3), Fla. . . .

HELTON, v. STATE, 228 So. 3d 160 (Fla. Dist. Ct. App. 2015)

. . . See § 776.013(3), Fla. Stat. (2011). . See Fla. Std. Jury Instr. . . .

VIERA, v. STATE, 163 So. 3d 602 (Fla. Dist. Ct. App. 2015)

. . . Your Ground law, provides: A-person who uses or threatens to use force as permitted in s. 776.012, s. 776.013 . . .

McGRIFF, v. STATE, 160 So. 3d 167 (Fla. Dist. Ct. App. 2015)

. . . unlawful activity when he or she uses force cannot obtain immunity from prosecution based on section 776.013 . . . used the force at issue because his self-defense claim was based upon section 776.012(1), not section 776.013 . . . However, the focus of Dorsey I was on the defense provided by section 776.013(3), not section 776.012 . . .

FINKELSTEIN, v. STATE, 157 So. 3d 1085 (Fla. Dist. Ct. App. 2015)

. . . See §§ 776.012, 776.013, 776.031, Fla. Stat. . . .

MILES, v. STATE, 162 So. 3d 169 (Fla. Dist. Ct. App. 2015)

. . . 776.032 provides immunity from prosecution under three separate statutory defenses-sections 776.012, 776.013 . . . Miles argues on appeal that the “unlawful activity” prohibition found in section 776.013(3) does not . . . Dorsey I held that under section 776.013(3), when a defendant is engaged in an unlawful activity, such . . . Weekly D1695 (Fla. 4th DCA Aug.13, 2014) (noting in dictum that sections 776.012 and 776.013 provide . . . alternate forms of immunity; since defendant did not seek immunity under section 776.013, trial court . . .

ROSS, v. STATE, 157 So. 3d 406 (Fla. Dist. Ct. App. 2015)

. . . The confusing instructions are derived from sections 776.013(3), Florida Statutes (2012), and 776.041 . . . great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. § 776.013 . . .

MARTIN, v. STATE, 154 So. 3d 1161 (Fla. Dist. Ct. App. 2015)

. . . The comma is not included in section 776.013(3), Florida Statutes (2012), which provides for this claim . . . error but not reversible because Sims was not entitled to the self-defense theory provided by section 776.013 . . .

HARRELL, v. STATE, 150 So. 3d 858 (Fla. Dist. Ct. App. 2014)

. . . entitled to immunity from prosecution under the Stand Your Ground law as codified in sections 776.032 and 776.013 . . . Harrell also argues that the trial court applied the incorrect standard because section 776.013(3) does . . . In Little, this court did note the omission of the term “imminent” from section 776.013(3). . . . But this court also concluded that section 776.013(3) only applied if the defendant was not engaged in . . . Thus, section 776.013(3) does not apply in this case. III. . . .

DORSEY, v. STATE, 149 So. 3d 144 (Fla. Dist. Ct. App. 2014)

. . . person claiming protection under the statute not be engaged in “unlawful activity,” unlike section 776.013 . . . 776.012(1), which does not include language on ‘unlawful activity,’ [and] is separate from section 776.013 . . . force where the person claiming self-defense is engaged in an unlawful activity” as compared to section 776.013 . . . in illegal possession of a firearm, his use of force did not fall within the protections of section 776.013 . . .

UNITED STATES v. ROGERS,, 578 F. App'x 911 (11th Cir. 2014)

. . . . § 776.013(1). . . . Id. § 776.013(3). . . . Stat. §§ 776.012, 776.013(1), 776.013(3). . . .

GARRETT, v. STATE, 148 So. 3d 466 (Fla. Dist. Ct. App. 2014)

. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . Section 776.013 is titled “Home protection; use of deadly force; presumption of fear of death or great . . . While Garrett acknowledges that a “duty to retreat” analysis would be necessary under section 776.013 . . . (3) because of his unlawful activity, he contends that sections 776.012 and 776.013 provide separate . . . Statutes (2011), has since been amended to include the "unlawful activity” preclusion contained in 776.013 . . .

STATE v. WONDER, v., 162 So. 3d 59 (Fla. Dist. Ct. App. 2014)

. . . Section 776.013, Fla. . . . We do not agree that there is a conflict between the provisions in sections 776.012(1) and 776.013(3) . . . Section 776.013(3) applies when a person is (1) not engaged in an unlawful activity and (2) attacked . . . See § 776.013(2)(c). Id. at 221 (emphasis in original). . . . to answer whether the defendant was engaged in unlawful activity under section 776.013(3). . . .

RIOS, v. STATE, 143 So. 3d 1167 (Fla. Dist. Ct. App. 2014)

. . . Focusing on section 776.013(3), a part of Florida’s Stand Your Ground law, counsel for the State argued . . . common law duty to retreat for persons justifiably using deadly force under either section 776.012(1) or 776.013 . . . section 776.012(1), which does not include language on “unlawful activity,” is separate from section 776.013 . . . such a determination was unnecessary because the defense motion relied upon section 776.012 and not 776.013 . . . Section 776.013(3), Florida Statutes (2010), provides: (3) A person who is not engaged in an unlawful . . .

M. HILL, v. STATE, 143 So. 3d 981 (Fla. Dist. Ct. App. 2014)

. . . The defendant’s motion to dismiss relied on section 776.013(3), Florida Statutes (2009), which provides . . . The court concluded that, pursuant to section 776.013(l)(a)-(b), there was a presumption that the defendant . . . Section 776.013(3) provides that a person who is attacked in any place where he or she has the right . . . The motion to dismiss that was originally granted cited only section 776.013(3), Florida Statutes (2009 . . . To the extent that the petitioner there may have relied on section 776.012 instead of section 776.013 . . .

COKELY, v. STATE, 138 So. 3d 1204 (Fla. Dist. Ct. App. 2014)

. . . The defense was based on section 776.013, Florida Statutes (2011). . . . .

HARDISON, v. STATE, 138 So. 3d 1130 (Fla. Dist. Ct. App. 2014)

. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . Section 776.013, Florida Statutes, generally governs use of deadly force in defense of oneself or another . . . He argues that, although section 776.013(3) includes such a restriction, section 776.012 does not; rather . . . The requirements under sections 776.012(1) and 776.013(3) are not identical. . . . A person proceeding under section 776.013(3) would have to prove that he or she reasonably believed the . . .

PROFESSIONAL ROOFING AND SALES, INC. v. FLEMMINGS,, 138 So. 3d 524 (Fla. Dist. Ct. App. 2014)

. . . receives immunity for the use of that force: (1) A person who uses force as permitted in s. 776.012, s. 776.013 . . .

BROWN, v. STATE, 135 So. 3d 1160 (Fla. Dist. Ct. App. 2014)

. . . .— (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in . . . immunity from prosecution: that his or her use of force was permitted by section 776.012; by section 776.013 . . . Of the three avenues for immunity, the use of force as permitted in section 776.013 is the only avenue . . . The bill also created section 776.013 and amended sections 776.012 and 776.031, Florida Statutes. . . . Section 776.013(3), Florida Statutes, provides: 776.013 Home protection; use of deadly force; presumption . . .

SIMS, v. STATE, 140 So. 3d 1000 (Fla. Dist. Ct. App. 2014)

. . . The instructions then explained the elements of the defense, as provided in sections 776.012 and 776.013 . . . Section 776.013(3) only applies when a person “is not engaged in an unlawful activity” and “is attacked . . . engaged in unlawful activity (i.e., trespassing), so he was not entitled to the defense in section 776.013 . . . Stat. with §§ 776.012, 776.013(3), Fla. Stat. . . . . (3) are not identical and that a person who does not meet the prerequisites in section 776.013(3)— not . . .

PAGES, v. SELIMAN- TAPIA,, 134 So. 3d 536 (Fla. Dist. Ct. App. 2014)

. . . Under section 776.032(1): A person who uses force as permitted in s.776.012, s.776.013, or s.776.031 . . . Section 776.013, titled “Home protection; use of deadly force; presumption of fear of death or great . . . It is true that under section 776.013(3), a person may “meet force with force, including deadly force . . . See §§ 776.013(l)-(2), Fla. Stat. (2009). . . . . entitlement to immunity under sections 776.013 and 776.012. . . .

MOBLEY, v. STATE, 132 So. 3d 1160 (Fla. Dist. Ct. App. 2014)

. . . Stat. (2013) (providing that a “person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . . imminent commission of a forcible felony; or (2) [ujnder those circumstances permitted pursuant to s. 776.013 . . . [U]nder section 776.013, a person who is attacked is allowed to stand his or her ground and ‘meet force . . . not engaged in an unlawful activity and is located in a place where he or she has a right to be. § 776.013 . . . .2010) (confirming that, where a defendant claims immunity from prosecution under sections 776.012, 776.013 . . .

RANGEL, v. STATE, 132 So. 3d 844 (Fla. Dist. Ct. App. 2013)

. . . However section 776.013, Florida Statutes (2010), provides: (3) A person who is not engaged in an unlawful . . .

STATE v. WONDER, v., 128 So. 3d 867 (Fla. Dist. Ct. App. 2013)

. . . Section 776.013, Fla. . . . We do not agree that there is a conflict between the provisions in sections 776.012(1) and 776.013(3) . . . Section 776.013(3) applies when a person is (1) not engaged in an unlawful activity and (2) attacked . . . See § 776.013(2)(c). Id. at 221 (emphasis in original). . . . to answer whether the defendant was engaged in unlawful activity under section 776.013(3). . . .

STATE v. WILLIAMS,, 127 So. 3d 890 (Fla. Dist. Ct. App. 2013)

. . . (1), Florida Statutes (2007), provides that a "person who uses force as permitted in s. 776.012, s. 776.013 . . .

MORGAN, v. STATE, 127 So. 3d 708 (Fla. Dist. Ct. App. 2013)

. . . exception to self defense and the standard jury instruction on the “Stand Your Ground” law, section 776.013 . . . The court also gave the “Stand Your Ground” instruction consistent with section 776.013(3), Florida Statutes . . . The plain language of section 776.013(3) provides that the “no duty to retreat” rule applies only when . . . But even the common law duty to retreat is not absolute — the common law before section 776.013 recognized . . .

BRETHERICK, v. STATE Of, 135 So. 3d 337 (Fla. Dist. Ct. App. 2013)

. . . Section 776.032(1), Florida Statutes, provides: A person who uses force as permitted in s. 776.012, s. 776.013 . . .

T. P. a v. STATE, 117 So. 3d 864 (Fla. Dist. Ct. App. 2013)

. . . Section 776.013(3), adopted as part of the Stand Your Ground law provides: A person who is not engaged . . . [U]nder section 776.013, a person who is attacked is allowed to stand his or her ground and “meet force . . . In this case, T.P. had the right to assert a defense under section 776.013(3). . . . The trial court rejected the application of section 776.013, misunderstanding the section to apply only . . . Because the trial court erred in its legal conclusion that section 776.013 did not apply, we reverse . . .

A. LITTLE, v. STATE, 111 So. 3d 214 (Fla. Dist. Ct. App. 2013)

. . . immunity to a person who qualifies under either section 776.012(1) or 776.013(3). . . . And subsection (5) defines “dwelling,” “residence,” and “vehicle.” § 776.013(5). . . . .” § 776.013(3). It eliminates the duty to retreat for this law-abiding person. . . . See § 776.013(2)(c). The requirements under sections 776.012(1) and 776.013(3) are not identical. . . . The full text of section 776.013 is attached to this opinion as Appendix A. . . . The State’s assertion that the conditions contained in section 776.013(3) should be engrafted onto the . . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . 776.032, which immunizes from prosecution “[a] person who uses force as permitted in s. 776.012, s. 776.013 . . . Section 776.013 does not expressly alter the common law, and its provisions are not repugnant to the . . . APPENDIX A 776.013. . . .

TALLEY, v. STATE, 106 So. 3d 1015 (Fla. Dist. Ct. App. 2013)

. . . Section 776.013, Florida Statutes (2012), provides as follows: (3) A person who is not engaged in an . . . Cases to review instruction 3.6(g) and make appropriate changes so that it is consistent with section 776.013 . . .

TOVER, v. STATE, 106 So. 3d 958 (Fla. Dist. Ct. App. 2013)

. . . According to petitioner, this fact triggered a statutory presumption under section 776.013(l)(a), Florida . . . Stat. (2012) (permitting use of deadly force under the circumstances set forth in section 776.013). . . .

JOSEPH, v. STATE, 103 So. 3d 227 (Fla. Dist. Ct. App. 2012)

. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . Section 776.013 creates a presumption of reasonable fear of imminent peril of death or great bodily harm . . .

LEASURE, v. STATE, 105 So. 3d 5 (Fla. Dist. Ct. App. 2012)

. . . section 776.032(1) and grants criminal immunity to persons using force as authorized in sections 776.012, 776.013 . . . Sections 776.012(1) and 776.013(3) authorize the use of deadly force based on a reasonable belief that . . . Under section 776.013(3), a person is justified in using deadly force when that person (1) is attacked . . .

STATE v. C. VINO,, 100 So. 3d 716 (Fla. Dist. Ct. App. 2012)

. . . firearm (Count IV) on the ground he was immune from suit under Florida’s Stand Your Ground Law, sections 776.013 . . . great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. § 776.013 . . . However, unlike law enforcement officers, see § 776.013(2)(d), Fla. . . .

GARRIDO, v. STATE, 97 So. 3d 291 (Fla. Dist. Ct. App. 2012)

. . . the word “dwelling”, the court decided to also give the definition of dwelling set forth in section 776.013 . . . Although section 776.013(5) begins with “As used in this section ...,” it does not appear inappropriate . . . Section 776.013(5), Florida Statutes, provides: As used in this section, the term: (a) "Dwelling” means . . . dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest. § 776.013 . . .

STATE v. M. HILL, Jr., 95 So. 3d 434 (Fla. Dist. Ct. App. 2012)

. . . battery with a firearm charge against the defendant pursuant to Florida’s Stand Your Ground law, section 776.013 . . . great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. § 776.013 . . .

M. MEDEROS, v. STATE, 102 So. 3d 7 (Fla. Dist. Ct. App. 2012)

. . . Florida Statute sections 776.012, 776.013, and 776.031, when read together, allow for the use of deadly . . . reasonable fear of imminent peril of death or great bodily harm to himself or herself or another....” § 776.013 . . . amended two existing statutes: sections 776.012 and 776.031; and it created two new statutes: sections 776.013 . . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . . occupied vehicle]. [] Section 776.032 provides that a person using force as permitted by sections 776.012, 776.013 . . .

FALWELL, v. STATE, 88 So. 3d 970 (Fla. Dist. Ct. App. 2012)

. . . erred in denying his motion for statutory immunity from prosecution under sections 776.032, 776.012 and 776.013 . . .

DARLING, v. STATE, 81 So. 3d 574 (Fla. Dist. Ct. App. 2012)

. . . .” § 776.013(3), Fla. Stat. (2007). . . . specifically requires that the person invoking the defense “not [be] engaged in an unlawful activity.” § 776.013 . . .

SMITH, v. STATE, 76 So. 3d 379 (Fla. Dist. Ct. App. 2011)

. . . imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013 . . .

DORSEY, v. STATE, 74 So. 3d 521 (Fla. Dist. Ct. App. 2011)

. . . Section 776.013(3), Florida’s so-called “Stand Your Ground” law, in turn provides: A person who is not . . . Prior to the enactment of section 776.013, Florida common law provided that, with the notable exception . . . Section 776.013 thus altered the law so that now there is “no duty to retreat” under a broad array of . . . In other words, section 776.013 created a new affirmative defense for situations in which one may use . . . We need not decide the exact scope of the statutory term “unlawful activity” under section 776.013(3) . . .

REAGAN, v. MALLORY,, 429 F. App'x 918 (11th Cir. 2011)

. . . . § 776.032(1) (“A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified . . . an assault is retreating have instead arisen where the underlying statute triggering immunity is § 776.013 . . . retreat is even more profound where § 776.031 — the statute relevant for this case — rather than § 776.013 . . . Section 776.013 creates a presumption that a person using deadly force was in fear of their life, thereby . . . Thus, cases which allow immunity on the basis of § 776.013 will most often involve threats to the person . . .

J. LEGENE, v. STATE, 60 So. 3d 1154 (Fla. Dist. Ct. App. 2011)

. . . dismiss criminal charges based on alleged immunity from prosecution under sections 776.032, 776.012 and 776.013 . . . motion to dismiss, claiming immunity from criminal prosecution under sections 776.032, 776.012 and 776.013 . . .

V. MONTIJO, v. STATE, 61 So. 3d 424 (Fla. Dist. Ct. App. 2011)

. . . individual’s right to stand one’s ground when confronted with the use of force, as set forth in section 776.013 . . .

STIEH, a k a v. STATE, 67 So. 3d 275 (Fla. Dist. Ct. App. 2011)

. . . The applicable self-defense statute is section 776.013(3), Florida Statutes (2007), which states: A person . . . The room qualified as a dwelling or residence for purposes of section 776.013. . . . Thus, it appears the presumption in section 776.013(l)(a) applies to Stieh. . . . Defense of another is permitted under section 776.013(B). . . . Section 776.013(5)(a) defines a dwelling as "a building or conveyance of any kind, including any attached . . .

DENNIS, v. STATE, 51 So. 3d 456 (Fla. 2010)

. . . became effective October 1, 2005, provides: (1) A person who uses force as permitted in s. 776.012, s. 776.013 . . . Section 776.032(1) provides, in part, that a “person who uses force as permitted in s. 776.012, s. 776.013 . . .

MARTINEZ, v. STATE, 44 So. 3d 1219 (Fla. Dist. Ct. App. 2010)

. . . Martinez filed a motion asserting an entitlement to immunity under the “Stand Your Ground” law, sections 776.013 . . .

STATE v. YAQUBIE,, 51 So. 3d 474 (Fla. Dist. Ct. App. 2010)

. . . Stand Your Ground” law and providing that a person who uses force as authorized in sections 776.012, 776.013 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 27 So. 3d 640 (Fla. 2010)

. . . In addition, instruction 3.6(f) is also amended to include the statutory exceptions in section 776.013 . . . No duty to retreat. § 776.013(3), Fla. Stat. See Novak v. . . . Give if applicable. § 776.013(2)(a)-(d), Fla. Stat. See exceptions — m—§ 776.013(2), — Fla-. . . . Exceptions to Presumption of Fear. § 776.013(2)(a)-(d), Fla. Stat. Give as applicable. . . . Give if applicable. § 776.013(5), Fla. Stat. . . .

M. MONTANEZ, v. STATE, 24 So. 3d 799 (Fla. Dist. Ct. App. 2010)

. . . trial). .Section 776.032(1) provides that "[a] person who uses force as permitted in s. 776.012, s. 776.013 . . .

McDANIEL, v. STATE, 24 So. 3d 654 (Fla. Dist. Ct. App. 2009)

. . . , Florida Statutes (2007), because he has a valid defense of justifiable use of force under section 776.013 . . . Section 776.032(1) provides that “[a] person who uses force as permitted in s. 776.012, s. 776.013, or . . .

G. SWOFFORD Jr. R. v. ESLINGER, Jr., 671 F. Supp. 2d 1289 (M.D. Fla. 2009)

. . . . §§ 776.012, 776.013 (West 2005); (Remus Dep. 212:15-25, Jan. 13,2009.). Accepting Mr. . . .

OKEN, M. D. a v. WILLIAMS,, 23 So. 3d 140 (Fla. Dist. Ct. App. 2009)

. . . dismiss based on statutory immunity Internet citation to Wikipedia, which established that section 776.013 . . . Whether this was in fact the popular nickname for section 776.013 apparently was not in dispute, and . . .

HAIR, v. STATE, 17 So. 3d 804 (Fla. Dist. Ct. App. 2009)

. . . Florida’s “Stand Your Ground” law, enacted by the Florida Legislature in 2005 and codified at sections 776.013 . . . Section 776.032(1) states that a person using force as permitted in section 776.013, with certain exceptions . . . Section 776.013(1) provides: (1) A person is presumed to have held a reasonable fear of imminent peril . . . Hair was therefore authorized by section 776.013(1), Florida Statutes, to use defensive force intended . . .

GOVONI, v. STATE, 17 So. 3d 809 (Fla. Dist. Ct. App. 2009)

. . . The law reads, “[a] person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified . . .

VELASQUEZ, v. STATE, 9 So. 3d 22 (Fla. Dist. Ct. App. 2009)

. . . The “Stand Your Ground” statute provides: A person who uses force as permitted in s. 776.012, s. 776.013 . . .

BRULEY, v. VILLAGE GREEN MANAGEMENT COMPANY, a LBK LP, a d b a TR a d b a, 592 F. Supp. 2d 1381 (M.D. Fla. 2008)

. . . conferred by article I, section 8(a) of the Florida Constitution and Florida Statutes sections 776.012 and 776.013 . . .

BARTLETT, v. STATE, 993 So. 2d 157 (Fla. Dist. Ct. App. 2008)

. . . .— (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in . . . In pertinent part, section 776.013, Florida Statutes (2006), states: 776.013 Home protection; use of . . . Before the enactment of sections 776.032 and 776.013, Florida Statutes, in 2005, “a person was justified . . . Stat. § 776.013 (2005), 33 Fla. St. U.L. Rev. 351, 354 (Fall 2005)). . . . “The creation of section 776.013 eliminated the burden of proving that the defender had a reasonable . . .

DUBON, v. STATE, 982 So. 2d 746 (Fla. Dist. Ct. App. 2008)

. . . section 90.108, Florida Statutes); and the trial court’s decision not to instruct the jury on section 776.013 . . .

WILLIAMS, v. STATE, 982 So. 2d 1190 (Fla. Dist. Ct. App. 2008)

. . . See § 776.013(3), Fla. Stat. (2005); Ch. 2005-27, § 5, at 202, Laws of Fla. . . . Section 776.013, Florida Statutes (2005) became effective on October 1, 2005. . . . great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. § 776.013 . . .

E. GONZALEZ, v. STATE, 982 So. 2d 77 (Fla. Dist. Ct. App. 2008)

. . . instruct the jury on the justifiable use of force in accordance with the 2005 amendments to section 776.013 . . . this appeal was pending, however, the Florida Supreme Court resolved this issue, holding that section 776.013 . . .

PETERSON, v. STATE, 983 So. 2d 27 (Fla. Dist. Ct. App. 2008)

. . . This law, as codified, provides that a person who uses force as permitted in section 776.013 is justified . . . Section 776.013, Florida Statutes (2006), states: (1) A person is presumed to have held a reasonable . . .