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Florida Statute 776.032 | Lawyer Caselaw & Research
F.S. 776.032 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. 776.032
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 from cite.case.law:

H. FLETCHER, v. STATE, 273 So. 3d 1187 (Fla. App. Ct. 2019)

. . . prohibition, claiming that the trial court erred in denying him immunity from prosecution under section 776.032 . . . Fletcher moved to dismiss the charge, asserting immunity from prosecution pursuant to section 776.032 . . . prosecution if an individual uses deadly force in accordance with section 776.012(2), Florida Statutes. § 776.032 . . . the State to prove that a defendant is not entitled to immunity by clear and convincing evidence. § 776.032 . . .

LINK, v. STATE, 273 So. 3d 1115 (Fla. App. Ct. 2019)

. . . compelling the trial court to hold a hearing on his claim of stand-your-ground immunity pursuant to section 776.032 . . . hearing to determine whether he is entitled to immunity from criminal prosecution pursuant to section 776.032 . . .

MANLEY, v. STATE, 268 So. 3d 275 (Fla. App. Ct. 2019)

. . . the information, claiming immunity from prosecution under Florida's Stand Your Ground law, section 776.032 . . . the resulting judgment and sentences, arguing among other things that the 2017 amendment to section 776.032 . . . SC18-789, this court held that the 2017 amendment to section 776.032 applies retroactively to pending . . . The Third and Fourth District Courts of Appeal have held that section 776.032, as amended, does not apply . . .

D. JOHNSON, v. STATE, 268 So. 3d 806 (Fla. App. Ct. 2019)

. . . See § 776.032(2), Fla. . . .

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

. . . Dooley asserted a claim of immunity pursuant to section 776.032(1), Florida Statutes (2010) ("A person . . . So.3d 214 (Fla. 2d DCA 2013) : We conclude that the plain language of sections 776.012, 776.013, and 776.032 . . . immunity, a person engaged in an unlawful activity would not be entitled to claim immunity under section 776.032 . . . But section 776.013(3) provides only one means of obtaining immunity under section 776.032(1). . . . And section 776.032(1) expressly provides for immunity based on the use of force as permitted in section . . .

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

. . . convicted felon charge; and failing to file a pretrial motion for Stand Your Ground Immunity under section 776.032 . . .

NIEVES RIVERA, v. STATE, 275 So. 3d 626 (Fla. App. Ct. 2019)

. . . it to beat one of the victims, he moved to dismiss based on Florida's Stand Your Ground Law, section 776.032 . . . convincing evidence is on the party seeking to overcome the immunity from criminal prosecution." § 776.032 . . . Section 776.032, Florida Statutes, also known as Florida's Stand Your Ground Law, "provides for immunity . . .

SALOMON, v. STATE, 267 So. 3d 25 (Fla. App. Ct. 2019)

. . . State , 253 So.3d 1137 (Fla. 4th DCA 2018), which held that the 2017 amendment contained in subsection 776.032 . . .

TYNES, v. STATE, 262 So. 3d 851 (Fla. App. Ct. 2018)

. . . . § 776.032(4), Fla. Stat. (2017). . . . Weekly D1016, 2018 WL 2074171 (Fla. 2d DCA May 4, 2018) (holding that the 2017 amendment to section 776.032 . . .

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

. . . Ch. 05-27, § 4, at 200, Laws of Fla.; see also § 776.032, Fla. . . . Ground law, we turn to the text of the recently amended section 776.032. . . . See § 776.032(4) (referring to section 776.032(1)'s inclusion of the affirmative defenses of justifiable . . . 2017 addition of subsection (4) to section 776.032. . . . But our result here is mandated by the text of section 776.032(4). . . .

DAVIS, Sr. v. CITY OF APOPKA III, 356 F. Supp. 3d 1366 (M.D. Fla. 2018)

. . . probable cause" standard in light of Florida's "Stand Your Ground" law, Florida Statutes §§ 776.012 and 776.032 . . . To those considerations, Florida's Stand Your Ground law, Florida Statutes §§ 776.012 and 776.032, adds . . . Id. § 776.032(2). . . . As noted by the Eleventh Circuit, " Section 776.032(1) expressly grants defendants a substantive right . . . Stat. § 776.032(1). Additionally, while the City relies on Dennis v. . . .

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

. . . 776.05(1), OR IS ALSO PERMITTED TO SEEK IMMUNITY FROM CRIMINAL PROSECUTION UNDER SECTIONS 776.012(1) AND 776.032 . . . As the circuit court correctly found in this case, because sections 776.012(1)'s and 776.032(1)'s plain . . . That immunity is addressed only in section 776.032(1), which plainly says that the immunity is afforded . . . to any "person who uses force as permitted in s. 776.012." § 776.032(1). . . . Here, the plain language of section 776.032(1) answers the question presented. . . .

P. BOSTON, v. STATE, 260 So. 3d 445 (Fla. App. Ct. 2018)

. . . Before trial, the parties argued whether the 2017 amendment to the Stand Your Ground law, section 776.032 . . . State must prove by clear and convincing evidence that the defendant is not entitled to immunity. § 776.032 . . . Weekly D1016, 2018 WL 2074171 (Fla. 2d DCA May 4, 2018) (holding that the 2017 amendment to section 776.032 . . . motion for immunity under the Stand Your Ground statute and the State's burden of proof under section 776.032 . . . (Fla. 2010) (holding that where a criminal defendant files a motion to dismiss pursuant to section 776.032 . . .

EDWARDS, v. STATE, 257 So. 3d 586 (Fla. App. Ct. 2018)

. . . Appellant's motion to dismiss was based on the statutory immunity from prosecution provided by section 776.032 . . . on the State to overcome that prima facie case with clear and convincing evidence to the contrary. § 776.032 . . . The question of whether the amendment to section 776.032(4), Florida Statutes (2017), resulting from . . .

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

. . . pretrial immunity hearing where the State will bear the burden of proof in accordance with section 776.032 . . . Fuller moved to dismiss the murder charge, claiming that he was immune from prosecution under section 776.032 . . . The Stand Your Ground statute, section 776.032, was passed in 2005, but at first "there was no prescribed . . . State , 51 So.3d 456, 463 (Fla. 2010), the supreme court held that immunity under section 776.032 should . . . We certify that on the issue of retrospective application of section 776.032(4), our decision in this . . .

C. TOIRAN, v. STATE, 256 So. 3d 948 (Fla. App. Ct. 2018)

. . . 2015, on the ground that he is immune from prosecution under Florida's Stand Your Ground Law, section 776.032 . . . criminal prosecution, but before the immunity motion was heard, the Florida Legislature amended section 776.032 . . . the party seeking to overcome the immunity from criminal prosecution provided in subsection (1). § 776.032 . . . but not retroactive, and directing that an immunity hearing be held applying the version of section 776.032 . . . the old immunity standard continues to apply to crimes committed before the 2017 amendment to section 776.032 . . .

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

. . . Section 776.032(4), Florida Statutes (2017), enacted by Chapter 2017-72, Laws of Florida, became effective . . . the party seeking to overcome the immunity from criminal prosecution provided in subsection (1). § 776.032 . . . To raise a "prima facie claim of self-defense immunity from criminal prosecution" under section 776.032 . . . would the burden shift to the state to "overcome the immunity" by clear and convincing evidence. § 776.032 . . . We believe that section 776.032(4) adopts the first definition of a "prima facie case." . . .

SEXTON, v. STATE, 254 So. 3d 1096 (Fla. App. Ct. 2018)

. . . 2015, on grounds that he is immune from prosecution under Florida's Stand Your Ground Law, section 776.032 . . . below arguing that he is immune from criminal prosecution, the Florida Legislature amended section 776.032 . . . the party seeking to overcome the immunity from criminal prosecution provided in subsection (1). § 776.032 . . . Applying the version of section 776.032 in effect when the shooting occurred (on June 23, 2015), the . . .

KENDLE, v. STATE, 255 So. 3d 400 (Fla. App. Ct. 2018)

. . . times, Kendle claimed that the shooting was justified under Florida's Stand Your Ground Law, section 776.032 . . .

HIGHT Jr. v. STATE, 253 So. 3d 1137 (Fla. App. Ct. 2018)

. . . Appellant filed a motion to dismiss under section 776.032 of the Stand Your Ground law and a pre-trial . . . During the pendency of his appeal, the legislature amended section 776.032 by adding subsection (4) which . . . Appellant filed a motion to dismiss based on immunity under section 776.032 of the Stand Your Ground . . . The statute also provides immunity for those who lawfully use force in self-defense. § 776.032, Fla. . . . The Third District concluded that section 776.032(4) qualifies as a criminal statute because it affects . . .

LEWIS, v. STATE, 251 So. 3d 310 (Fla. App. Ct. 2018)

. . . the trial court's denial of his motion to dismiss based upon Stand Your Ground immunity under section 776.032 . . . trial court make express findings of fact in an order denying a motion to dismiss pursuant to section 776.032 . . .

COMMANDER, v. STATE, 246 So. 3d 1303 (Fla. App. Ct. 2018)

. . . He filed a motion to dismiss the charges under the Stand Your Ground law ( § 776.032, Fla. . . . See § 776.032(4), Fla. . . . motion based on the evidence presented at the hearing and the state's burden of proof under section 776.032 . . .

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

. . . Morales filed a motion to dismiss based on section 776.032, Florida Statutes, the "Stand Your Ground . . . Section 776.032(1), Florida Statutes (2014), provides: A person who uses or threatens to use force as . . . Similarly, the trial court did not err in denying the motion to dismiss pursuant to sections 776.032 . . .

BAILEY, v. STATE, 246 So. 3d 555 (Fla. App. Ct. 2018)

. . . December 2016 order denying his motion for immunity under Florida's Stand Your Ground law, section 776.032 . . . failed to prove by the preponderance of the evidence that he is immune from prosecution pursuant to § 776.032 . . . While the petition was pending in this court, the Florida Legislature amended section 776.032(4). . . . Therein, we held that section 776.032(4) does not apply to a crime alleged to have been committed before . . . See § 776.032(4), Fla. . . .

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

. . . prosecution on the ground of statutory immunity pursuant to Florida's Stand Your Ground Law, section 776.032 . . . Love invoked Florida's Stand Your Ground law, section 776.032, Florida Statute (2017), asserting she . . . In the alternative, the State further argued that section 776.032(4) was unconstitutional. . . . First, we hold that the amendment to section 776.032 was constitutional. . . . Section 776.032(4) was effective June 9, 2017, and Love shot Thomas on November 26, 2015. . . .

M. ARCERI, v. STATE, 240 So. 3d 80 (Fla. App. Ct. 2018)

. . . declining retroactive application of the 2017 amendments to the Stand Your Ground ("SYG") statute, section 776.032 . . .

RODRIGUEZ, v. STATE, 239 So. 3d 147 (Fla. App. Ct. 2018)

. . . The effective date of the amendment creating subsection 776.032(4) of the 2017 SYG Law was June 9, 2017 . . . evidence is on the party seeking to overcome the immunity from criminal prosecution provided in [ section 776.032 . . . Section 776.032, Florida Statutes (2015), as used in this opinion, and for clarity, the "Crime Date SYG . . . Law"; and section 776.032, Florida Statutes (2017), the "2017 SYG Law". . . .

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

. . . Chavers filed a motion to dismiss based on immunity under sections 776.012(2) and 776.032(1), Florida . . . Chavers sought immunity from prosecution under sections 776.032(1) and 776.012(2), Florida Statutes ( . . . proof for claims of immunity. § 776.032(4), Fla. . . . See §§ 776.032, 776.012, 776.013, and 776.031, Fla. Stat. (2016). . . . Forst and Klingensmith, JJ., concur. , The amendment to section 776.032, now codified as subsection ( . . .

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

. . . Under the 2012 version of Florida’s Stand Your Ground Law, section 776.032(1) provides for immunity • . . . , the only charge presented to the jury was for the attempted second-degree murder of Leavitt. . §§ 776.032 . . .

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

. . . The Second District granted Patel’s petition, holding that section 776.032, Florida Statutes (2008), . . . Section 776.032 also provides immunity for a person who lawfully uses force in self-defense: (1) A person . . . We have recognized that “the plain language of section 776.032 [of the Stand Your Ground law].grants . . . For example, the statute purports to grant immunity from arrest, detention, and prosecution. § 776.032 . . . Fourth, the civil attorney’s fees and costs provision in section 776.032(3) implies recognition by the . . .

STATE v. PERAZA,, 226 So. 3d 937 (Fla. Dist. Ct. App. 2017)

. . . court found that the officer was entitled to immunity from prosecution under sections 776.012(1) and 776.032 . . . Section 776.032(1) provided, in pertinent part: A person who uses force as permitted in s. 776.012 .. . . . See Caamano, 105 So.3d at 22 (“Because sections 776.05 and 776.032 address the use of justifiable force . . . This Court therefore finds that the [officer] is entitled to immunity under F.S. 776.032 as a result . . . State, 170 So.3d 766, 771 (Fla. 2015) (an issue of statutory interpretation under section 776.032(1) . . .

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

. . . At the same time, § 776.032 grants immunity to those who lawfully use force in self-defense, subject . . .

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

. . . Petitioner argues that she is immune from prosecution pursuant to section 776.032, Florida Statutes ( . . . s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution,” § 776.032 . . .

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

. . . that the trial court committed reversible error by denying his motion to dismiss pursuant to section 776.032 . . . deadly force to prevent imminent death or great bodily harm to himself . under section 776.012, Section 776.032 . . . When reviewing the trial court’s ruling on a motion to dismiss based on immunity under section 776.032 . . .

B. LAHENS, v. STATE, 204 So.3d 982 (Fla. Dist. Ct. App. 2016)

. . . See § 776.032, Fla. . . .

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

. . . arguing that he was entitled to immunity under the Stand Your Ground law as provided for in sections 776.032 . . . Section 776.032(1) provides that persons using force as permitted under sections 776.012, 776.013, or . . . The trial court’s oral instructions deviated slightly from the written instructions. . §§ 776.032, .012 . . .

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

. . . I concur with the majority’s well-reasoned conclusion that section 776.032(1), Florida Statutes (2008 . . . I write separately to emphasize additional textual indicators within section 776.032 that inform my decision . . . In my judgment, .the Florida Legislature spoke clearly in section 776.032 that it intended to modify . . . Specifically, section 776.032(3) mandates that the “court shall award reasonable attorney’s fees, court . . . He claims immunity from the suit under Florida’s so-called Stand Your Ground .law, section 776.032(1) . . . At the same time, the lawmakers enacted section 776.032, granting immunity to those who lawfully use . . . In pertinent part, section 776.032 provides: (1) A person who uses force as permitted in s. 776.012, . . . It noted that the preamble to the law creating section 776.032 states: “ ‘[T]he Legislature finds that . . . But section 776.032 is part of the Florida Criminal Code. § 775.011, Fla. Stat. (2008). . . .

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

. . . See § 776.032(1), Fla. Stat. (2010). . . .

RUDIN, v. STATE, 182 So. 3d 724 (Fla. Dist. Ct. App. 2015)

. . . the trial court determined that Rudin failed to establish immunity from prosecution under- section 776.032 . . . Section 776.032 provides further that a person who uses deadly force as permitted in section 776.012 . . . prosecution so long as the person against whom the force was used was not a law enforcement officer. § 776.032 . . .

SPIRES, v. STATE, 180 So. 3d 1175 (Fla. Dist. Ct. App. 2015)

. . . possession of a firearm by a convicted felon, and tampering with a witness, pursuant to sections 776.012 and 776.032 . . . However, he claims that he is immune from criminal prosecution under section 776.032 because he reasonably . . . 462-63 (Fla.2010) (explaining that the appropriate procedural vehicle to raise immunity under section 776.032 . . . preponderance of the evidence that he was entitled to statutory immunity under1 sections 776.012 and 776.032 . . .

M. RAY, v. STATE, 176 So. 3d 1010 (Fla. Dist. Ct. App. 2015)

. . . See § 776.032, Fla. Stat. (2008). . . .

ARAUZ, v. STATE, 171 So. 3d 160 (Fla. Dist. Ct. App. 2015)

. . . Arauz appeals the denial of his motion to dismiss the criminal charges against him based on sections 776.032 . . . Rather, he claims that he is immune from criminal prosecution pursuant to Section 776.032 because he . . . .2010) (“We conclude that where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . .

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

. . . Section 776.032 provides immunity from criminal prosecution and civil action for the justifiable use . . .

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

. . . (Fla.2010), was that “where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . . We reached this conclusion because “thé plain language of section 776.032 grants defendants a substantive . . . The issue in this case arises from Florida’s “Stand Your Ground” law, section' 776.032, Florida Statutes . . . Section 776.032 & This Court’s Decision in Dennis Florida’s Stand Your Ground law provides in pertinent . . . Accordingly, the grant of immunity from “criminal prosecution” in section 776.032 must be interpreted . . . See § 776.032, Fla. Stat. . . . Holding a hearing on a section 776.032 immunity claim is not a oddity in the criminal law. . . .

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

. . . attempted murder charges, claiming immunity from prosecution under Florida’s Stand Your Ground law, section 776.032 . . . The procedure for raising immunity under section 776.032 is to file a pretrial motion to dismiss under . . .

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

. . . To be sure, “section 776.032 grants defendants a substantive right to assert immunity from prosecution . . .

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

. . . . § 776.032, Fla. Stat. (2011). . . . prohibition seeking review of the circuit court’s order denying his motion to dismiss pursuant to Section 776.032 . . . Osorio with a screwdriver. ' Prior to trial, Viera claimed immunity from prosecution pursuant to section 776.032 . . . WELLS, J., concurs. . § 776.032(1), Florida Statutes (2011), also known as the Stand Your Ground law, . . . whether a preponderance of the evidence showed whether Viera is immune from prosecution under section 776.032 . . .

MAYO, Jr. v. STATE, 159 So. 3d 917 (Fla. Dist. Ct. App. 2015)

. . . second-degree murder (reduced to aggravated battery) based on “Stand your Ground” immunity under sections 776.032 . . . trial court erred in concluding that he was not entitled to immunity from prosecution under section 776.032 . . .

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

. . . denial of a pre-trial motion to dismiss charges based on a claim of statutory immunity under section 776.032 . . . He then asserted that he was immune from prosecution under section 776.032, Florida Statutes, because . . . Section 776.032 provides that if a defendant establishes that the force used was justified under any . . . State, 81 So.3d 574, 577 (Fla. 3d DCA 2012) (on appeal of s. 776.032 statutory immunity determination . . . As pointed out in the State’s Response, the phrase “performance of ... official duties” in section 776.032 . . .

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

. . . denial of his dispositive motion to dismiss, which asserted “Stand Your Ground” immunity under section 776.032 . . . Section 776.032 provides immunity from prosecution under three separate statutory defenses-sections 776.012 . . . Miles filed a motion to dismiss all four counts of the information, asserting immunity under section 776.032 . . . State, 135 So.3d 1160, 1161-62 (Fla. 1st DCA 2014) (noting that statutory immunity under section 776.032 . . . However, section 776.032 immunity does not apply to the remaining charged counts of carrying a concealed . . .

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

. . . he was entitled to immunity from prosecution under the Stand Your Ground law as codified in sections 776.032 . . .

SATYANAND, v. STATE, 147 So. 3d 662 (Fla. Dist. Ct. App. 2014)

. . . evidentiary hearing on his motion to dismiss the charges based on immunity from prosecution under section 776.032 . . . He filed a motion seeking dismissal of the charges, claiming immunity from prosecution under section 776.032 . . . conduct a pretrial evidentiary hearing on motions to dismiss based on a claim of immunity under section 776.032 . . . Court expressly held that where a criminal defendant files a motion to dismiss pursuant to section 776.032 . . . In so holding, the Court explained that “section 776.032 contemplates that a defendant who establishes . . .

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

. . . The Court reasoned that section 776.032(1), Florida Statutes (2009), provides immunity from criminal . . .

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

. . . challenging an order that denied his motion to dismiss the criminal charges against him under sections 776.032 . . . The defendant moved to dismiss the Information based on sections 776.012 and 776.032, Florida Statutes . . . bodily harm to himself or his family, and that immunity does not attach under Florida Statute section 776.032 . . . State, 111 So.3d 214, 219 (Fla. 2d DCA 2013), sections 776.012, 776.013, and 776.032 provide alternative . . .

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

. . . Section 776.032, perhaps the heart of the Stand Your Ground amendments, provides immunity from criminal . . . concluded that Hill was entitled to the presumption of section 776.018(1) and immunity under section 776.032 . . . possession of an illegal firearm by a felon, would not be entitled to claim immunity under section 776.032 . . . And, section 776.032(1) expressly extends immunity from prosecution to those who use defensive force . . . State, concluding that the plain language of 776.032 can be understood as granting immunity to a person . . .

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

. . . The pretrial hearing was conducted pursuant to section 776.032, Florida Statutes (2011). . . . .

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

. . . deadly force under section 776.012(1), and therefore, immunity from criminal prosecution under section 776.032 . . . ROBERTS and WETHERELL, JJ„ concur. .776.032 Immunity from criminal prosecution and civil action for justifiable . . . prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant. § 776.032 . . .

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

. . . Stat. (2014); § 776.032(1), Fla. Stat. (2014). . . . Section 776.032 provides that a person who uses such justifiable force receives immunity for the use . . . See §§ 776.012, 776.032(1), Fla. Stat. (2014). . . . See § 776.032, Fla. Stat. (2014). . . . Section 776.032(3) provides for an award of attorney’s fees, costs, compensation for loss of income and . . .

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

. . . denial of his pretrial motion to determine immunity from criminal prosecution, pursuant to section 776.032 . . . Petitioner’s pre-trial motion sought the statutory immunity provided for in section 776.032(1), Florida . . . Statutes, which provides in pertinent part: 776.032 Immunity from criminal prosecution and civil action . . . case, Petitioner’s motion in the circuit court specifically sought the immunity provided by section 776.032 . . . In order to sufficiently raise a claim for immunity under section 776.032(1), the defendant must identify . . .

HEILMAN, v. STATE, 135 So. 3d 513 (Fla. Dist. Ct. App. 2014)

. . . preclude a correctional officer from asserting the “stand your ground” defense provided in section 776.032 . . . this court issue a writ directing the trial court to hold an evidentiary hearing pursuant to section 776.032 . . . He filed a motion pursuant to section 776.032 to dismiss the Information charging him with that offense . . . When the officer asserted a defense under section 776.032, the court held that another, more specific . . . Specifically, section 776.032 is found in chapter 776 of the Florida Statutes, entitled “Justifiable . . .

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

. . . The general magistrate found that Tapia had established his entitlement to immunity under section 776.032 . . . Under section 776.032(1): A person who uses force as permitted in s.776.012, s.776.013, or s.776.031 . . . Pages, barring Tapia from seeking immunity under section 776.032. . . . Section 776.032, by its express language, provides immunity for a person “who uses force as permitted . . . Section 776.032(1), Florida Statutes (2009) provides immunity "from criminal prosecution and civil action . . .

MICKLOS, v. STATE, 137 So. 3d 1034 (Fla. Dist. Ct. App. 2014)

. . . He moved to dismiss the charge, claiming immunity from prosecution under section 776.032, Florida Statutes . . .

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

. . . are undisputed and demonstrate that he is immune from prosecution as provided by sections 776.012 and 776.032 . . . See § 776.032, Fla. . . . 799, 803 (Fla. 2d DCA 2010) (confirming that in determining whether the immunity accorded by section 776.032 . . . confirming that, where a defendant claims immunity from prosecution under sections 776.012, 776.013 and 776.032 . . . . § 776.032, Fla. Stat. (2008). . Darling v. . . . “The legislature’s enactment of section 776.032 placed the burden of weighing the evidence in ‘Stand . . .

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

. . . challenging an order that denied his motion to dismiss the criminal charges against him under sections 776.032 . . . The defendant moved to dismiss the Information based on sections 776.012 and 776.032, Florida Statutes . . . bodily harm to himself or his family, and that immunity does not attach under Florida Statute section 776.032 . . . State, 111 So.3d 214, 219 (Fla. 2d DCA 2013), sections 776.012, 776.013, and 776.032 provide alternative . . .

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

. . . dismiss “the Information filed in this cause” on the basis of immunity from prosecution under section 776.032 . . . struck by a shot fired by someone else. .Sometimes referred to as the "Stand Your Ground Law,” section 776.032 . . . motion in the trial court to dismiss the aggravated battery charge based on immunity pursuant to section 776.032 . . . Although trial counsel referred to the "newness” of the law, section 776.032 was enacted in 2005-four . . .

RODRIGUEZ, v. STATE, 127 So. 3d 705 (Fla. Dist. Ct. App. 2013)

. . . which argues immunity from prosecution based on the defense of others under sections 776.012(1) and 776.032 . . .

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

. . . Section 776.032(1), Florida Statutes (2011), provides that when a person uses force as permitted by statute . . . significant differences between Colorado’s statute and the self-defense immunity provided by section 776.032 . . . It would appear that this is a far more limited immunity than is granted by section 776.032. . . . “Accordingly, the grant of immunity from ‘criminal prosecution’ in section 776.032 must be interpreted . . . Section 776.032(1), Florida Statutes, provides: A person who uses force as permitted in s. 776.012, s . . . 2012, the Defendant filed a motion to dismiss, alleging immunity from prosecution, pursuant to section 776.032 . . . State, 983 So.2d 27 (Fla. 1st DCA 2008), for ruling on motions to dismiss, filed pursuant to section 776.032 . . .

ARMSTRONG, v. STATE, 120 So. 3d 112 (Fla. Dist. Ct. App. 2013)

. . . petition for writ of prohibition, which argues self-defense immunity from prosecution under section 776.032 . . .

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

. . . See § 776.032, Fla. Stat. . . . The defense argued that section 776.032, Florida Statutes, the Stand Your Ground law, applied and that . . .

SPURGEON, v. STATE, 114 So. 3d 1042 (Fla. Dist. Ct. App. 2013)

. . . . § 776.032, Fla. Stat. . . . .

STATE v. EGIDO,, 113 So. 3d 88 (Fla. Dist. Ct. App. 2013)

. . . entitled to immunity under various sections of chapter 776, Florida Statutes (2007), including section 776.032 . . .

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

. . . shot the victim in self-defense and was entitled to immunity from criminal prosecution under section 776.032 . . . Section 776.032(1) grants criminal immunity to persons using force as permitted in sections 776.012, . . . Section 776.032(1) provides, in pertinent part, “A person who uses force as permitted in s. 776.012, . . . But section 776.013(3) provides only one means of obtaining immunity under section 776.032(1). . . . Accordingly, Little was entitled to immunity under section 776.032(1). . . . This is also apparent in section 776.032, which immunizes from prosecution “[a] person who uses force . . .

SHEHADA, v. TAVSS,, 965 F. Supp. 2d 1358 (S.D. Fla. 2013)

. . . . § 776.032(1). . . .

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

. . . trial court’s denial of his pretrial motion to dismiss based on immunity from prosecution under section 776.032 . . .

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

. . . . § 776.032, Fla. . . .

SCOTT, v. STATE, 102 So. 3d 676 (Fla. Dist. Ct. App. 2012)

. . . State, 51 So.3d 456 (Fla.2010) (holding that a defendant claiming immunity pursuant to section 776.032 . . .

STATE v. CAAMANO,, 105 So. 3d 18 (Fla. Dist. Ct. App. 2012)

. . . vacated a county court order denying Juan Caamano’s amended motion to dismiss filed pursuant to section 776.032 . . . amended his motion to allege instead that he is immune from criminal prosecution pursuant to section 776.032 . . . Caamano then petitioned the circuit court for a writ of prohibition, arguing that because section 776.032 . . . Section 776.032(1), provides in relevant part: A person who uses force as permitted in [defense of person . . . State, 51 So.3d 456, 457 (Fla.2010), interpreting section 776.032. . . .

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

. . . Leasure argues that the trial court erred in denying her motion to dismiss the charge pursuant to section 776.032 . . . The Stand Your Ground law is codified in section 776.032(1) and grants criminal immunity to persons using . . .

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

. . . . § 776.032(1), Fla. Stat. (2007); Dennis v. State, 51 So.3d 456, 462 (Fla.2010). . . .

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

. . . existing statutes: sections 776.012 and 776.031; and it created two new statutes: sections 776.013 and 776.032 . . . likely to cause death or great bodily harm in a dwelling, residence or occupied vehicle]. [] Section 776.032 . . . State, 51 So.3d 456, 462 (Fla.2010): Section 776.032 contemplates that a defendant who establishes entitlement . . . Section 776.032(1) expressly grants defendants a substantive right to not be arrested, detained, charged . . . The appropriate procedural vehicle to raise immunity under section 776.032 is a pretrial motion to dismiss . . .

MOCIO, v. STATE, 98 So. 3d 601 (Fla. Dist. Ct. App. 2012)

. . . He filed a motion to dismiss in which he asserted he was entitled to immunity under section 776.032, . . .

W. RICE, v. STATE, 90 So. 3d 929 (Fla. Dist. Ct. App. 2012)

. . . aggravated battery, arguing that the trial court erred in denying his request for immunity under section 776.032 . . .

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

. . . the trial court erred in denying his motion for statutory immunity from prosecution under sections 776.032 . . .

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

. . . . § 776.032(1), Fla. Stat. (2007); Dennis v. State, 51 So.3d 456, 462 (Fla.2010). . . . trial court complied with the procedure required for pretrial motions alleging immunity under section 776.032 . . .

D. ZELMAN, v. JUSTICE ADMINISTRATIVE COMMISSION,, 78 So. 3d 105 (Fla. Dist. Ct. App. 2012)

. . . nine months later, petitioner filed a motion to dismiss the manslaughter charge pursuant to section 776.032 . . .

STATE v. GALLO,, 76 So. 3d 407 (Fla. Dist. Ct. App. 2011)

. . . Gallo filed a motion seeking immunity from prosecution pursuant to section 776.032, Florida Statutes . . . Section 776.032 provides that, in certain circumstances, a person may use deadly force to stand his ground . . . The legislature’s enactment of section 776.032 placed the burden of weighing the evidence in “Stand Your . . .

WONDER, v. STATE, 69 So. 3d 371 (Fla. Dist. Ct. App. 2011)

. . . his request for an evidentiary hearing on the issue of immunity from prosecution pursuant to section 776.032 . . . Peterson, and concluded that “where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . .

GOVONI, v. STATE, 67 So. 3d 1048 (Fla. 2011)

. . . determined that the trial court did not err in denying Govoni’s motion to dismiss filed pursuant to section 776.032 . . . which we determined that where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . .

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 . . . Stat. § 776.032(2) (emphasis added). . . . “Despite section 776.032’s broad temporal application, running from before arrest through trial, there . . . determination when a person accused of assault raises the immunity provided for by Florida Statutes § 776.032 . . . Cases discussing whether immunity from prosecution pursuant to § 776.032 is applicable when the victim . . .

WONDER, v. STATE, 64 So. 3d 1208 (Fla. 2011)

. . . ’s request for an evidentiary hearing on the issue of immunity from prosecution pursuant to section 776.032 . . . conflict, concluding that where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . .

JACKSON, v. STATE, 64 So. 3d 1209 (Fla. 2011)

. . . which we determined that where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . .

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

. . . Defendant’s motion to dismiss criminal charges based on alleged immunity from prosecution under sections 776.032 . . . Defendant filed a motion to dismiss, claiming immunity from criminal prosecution under sections 776.032 . . .

CRUZ, v. STATE, 54 So. 3d 1067 (Fla. Dist. Ct. App. 2011)

. . . Supreme Court determines the proper procedure for deciding immunity from prosecution pursuant to section 776.032 . . .

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

. . . when ruling on a motion to dismiss asserting immunity from criminal prosecution pursuant to section 776.032 . . . We conclude that where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . . Dennis filed two motions to dismiss the information pursuant to section 776.032(1), Florida Statutes . . . The trial court concluded that in enacting section 776.032, the Legislature did not intend to take the . . . The State further asserts that to proceed to trial, section 776.032 requires only a showing that there . . .

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

. . . motion asserting an entitlement to immunity under the “Stand Your Ground” law, sections 776.013 through 776.032 . . .

C. GRAY, Jr. v. STATE, 42 So. 3d 341 (Fla. Dist. Ct. App. 2010)

. . . John Charles Gray, Jr., appeals the denial of his dispositive motion to dismiss predicated on section 776.032 . . . prosecution because he was acting in self defense, Gray moved to dismiss the charge pursuant to section 776.032 . . . 983 So.2d 27, sets out the proper procedure for addressing a motion to dismiss which raises section 776.032 . . .

WONDER, v. STATE, 52 So. 3d 696 (Fla. Dist. Ct. App. 2010)

. . . his request for an evidentiary hearing on the issue of immunity from prosecution pursuant to section 776.032 . . . We also certify, as a question of great public importance, the following: WHETHER SECTION 776.032, FLORIDA . . .

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

. . . Nadim Yaqubie seeks a writ of prohibition claiming immunity from prosecution under section 776.032 of . . . Camacho was assaulting, battering, or robbing him, making him immune from prosecution under section 776.032 . . . See § 776.032, Fla. . . . Florida Rule of Criminal Procedure 3.190(c)(4), the court concluded that a motion to dismiss on section 776.032 . . . In Peterson, the First District Court of Appeal decided that section 776.032 is a true immunity provision . . .

J. PENLEY, Co- v. F. ESLINGER, W., 605 F.3d 843 (11th Cir. 2010)

. . . . § 776.032(1). . . .

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

. . . On the other hand, section 776.032(1) addresses immunity from both criminal prosecution and civil suits . . . Nonetheless, a determination that he was not entitled to immunity under section 776.032 could leave him . . . (noting that petitioner could still raise immunity issue as affirmative defense at trial). .Section 776.032 . . .