Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 776.031 | Lawyer Caselaw & Research
F.S. 776.031 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 776.031

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 776
JUSTIFIABLE USE OF FORCE
View Entire Chapter
F.S. 776.031
776.031 Use or threatened use of force in defense of property.
(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
(2) A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
History.s. 13, ch. 74-383; s. 1189, ch. 97-102; s. 3, ch. 2005-27; s. 5, ch. 2014-195.

F.S. 776.031 on Google Scholar

F.S. 776.031 on Casetext

Amendments to 776.031


Arrestable Offenses / Crimes under Fla. Stat. 776.031
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.031.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . (2010) ("A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .

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

. . . 2005) ("A person who uses force as permitted in [ section] 776.012, [ section] 776.013, or [ section] 776.031 . . . set forth in the motion support the elements of self-defense in either section 776.012, 776.013, or 776.031 . . .

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

. . . provides in relevant part that [a] person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .

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

. . . situation where the defendant was in a dwelling and had the right to be there while § 776.012(1), and § 776.031 . . . Give if applicable. §§ 776.012(2), 776.031(2), Fla. Stat. . . . Stat., or § 776.031(2), Fla. Stat. . . . In defense of property. § 776.031(1), Fla. Stat. Give if applicable. . . .

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

. . . provides: A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013 or s. 776.031 . . .

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

. . . was not justified in using or threatening to use force as permitted in sections 776.012, 776.013, or 776.031 . . .

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

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

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

. . . prosecution for any person who uses force as permitted in .section 776.012, section 776.013, or section 776.031 . . .

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

. . . uses force in self-defense: (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .

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

. . . part that “[a] person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .

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

. . . Section 776.032(1) provides that a person using force as permitted by sections 776.012, 776.013, or 776.031 . . .

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

. . . criminal prosecution or civil action where person uses force authorized by sections 776.012, 776.13, 776.031 . . .

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

. . . Section 776.032(1) provides that persons using force as permitted under sections 776.012, 776.013, or 776.031 . . .

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

. . . .” § 776.031(1) (emphasis added). . . .

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

. . . section 776.032 provides: (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . . provide immunity to those who use or threaten to use force as permitted in sections 776.012, 776.013, or 776.031 . . . preponderance of the evidence that his or her use of force was lawful under sections 776.012, 776.013, or 776.031 . . .

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

. . . submitted by the Committee, while addressing a defendant’s duty to retreat under sections 776.012(2) and 776.031 . . . Give if applicable. §§ 776.012(2), 776.031(2)j Fla. Stat. the right to stand [his] [her] ground. . . . In defense of property. § 776.031(1), Fla. Stat. Give if applicable. . . .

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

. . . Finally, section 776.031, “Use of force in defense of others,” justifies the use of deadly and non-deadly . . . person does not have a-duty to retreat if the person is in a place where he or she has a right to be. § 776.031 . . . from criminal prosecution and civil actions for conduct justified under sections 776.012, 776.013, and 776.031 . . . See §§ 776.012-.013, 776.031-.032, Fla. Stat. . . .

ULYSSE, v. STATE, 174 So. 3d 464 (Fla. Dist. Ct. App. 2015)

. . . Under section 776.031, in order for the use of non-deadly force to be justifiable in defense of property . . . immediate family or household or of a person whose property he or she has a legal duty to protect. § 776.031 . . . . § 776.031, Fla. Stat.... . . . The jury instruction is derived from section 776.031, Florida Statutes (2013), which provides in pertinent . . . Under section 776.031, in order for the use of force to be justifiable, the victim must be interfering . . .

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

. . . prosecution and civil action for the justifiable use of force as permitted in sections 776.012, 776.013, and 776.031 . . .

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

. . . Your Ground law provides that when a person uses force as permitted by sections 776.012, 776.013, or 776.031 . . . for justifiable use of force.— (1) A person who uses force as permitted in § 776.012, § 776.013, or § 776.031 . . . 2005-27, Laws of Florida (2005), Florida law defined certain types of justified force, see §§ 776.12, 776.031 . . . providing that the use of force is justified only when used as permitted by sections 776.012, 776.013, or 776.031 . . . Section 776.031, Florida Statutes (2011), concerns circumstances in which the use of non-deadly force . . .

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

. . . We conclude that Viera is not immune from prosecution under section 776.031-.032, Florida Statutes (2011 . . . provides: A-person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .

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)

. . . provides immunity from prosecution under three separate statutory defenses-sections 776.012, 776.013, and 776.031 . . .

E. LONG v. BAKER, a k a, 37 F. Supp. 3d 1243 (M.D. Fla. 2014)

. . . . §§ 776.012 (use of force in defense of person) and 776.031 (use of force in defense of others); Etcher . . .

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

. . . 776.013 (home protection or where person is standing in a place they have the right to be), and section 776.031 . . .

HARDISON, v. STATE, 138 So. 3d 1130 (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 . . .

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

. . . for the use of that force: (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .

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 . . . not allege entitlement to immunity due to his use of force as authorized by either section 776.012 or 776.031 . . . 776.032(1), Florida Statutes, based on the defensive use of force as permitted in sections 776.012(1) and 776.031 . . . 1), the defendant must identify the particular statutory basis or avenue (section 776.012; 776.013; 776.031 . . . The bill also created section 776.013 and amended sections 776.012 and 776.031, Florida Statutes. . . .

MANN, v. STATE, 135 So. 3d 450 (Fla. Dist. Ct. App. 2014)

. . . An affirmative defense that arises out of section 776.031, Florida Statutes, concerns a defendant’s justifiable . . .

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 . . . language, provides immunity for a person “who uses force as permitted in sections 776.012, 776.013 or 776.031 . . .

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 . . .

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

. . . Statutes (2007), provides that a "person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .

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

. . . , Florida Statutes, provides: A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .

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

. . . 776.032(1) grants criminal immunity to persons using force as permitted in sections 776.012, 776.013, or 776.031 . . . provides, in pertinent part, “A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . . criminal immunity to persons using force as permitted in section 776.012, section 776.013, or section 776.031 . . . Section 776.031 governed the use of force in defense of others, and it permitted the use of deadly force . . . force as permitted in three separate statutory provisions: section 776.012, section 776.013, or section 776.031 . . . which immunizes from prosecution “[a] person who uses force as permitted in s. 776.012, s. 776.013, or 776.031 . . .

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

. . . court concluded that petitioner was not entitled to statutory immunity from prosecution under section 776.031 . . .

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

. . . and grants criminal immunity to persons using force as authorized in sections 776.012, 776.013, or 776.031 . . .

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

. . . The standard instruction is based upon section 776.031, Florida Statutes (2010). . . . Garrido sought the use of a standard jury instruction based on a statutory defense provided by section 776.031 . . . In the instant case, Garrido does not argue that section 776.031 is ambiguous or confusing. . . . Instead, Garrido argues that the trial court was confused as to whether section 776.031 is applicable . . . Section 776.031, Florida Statutes, provides: A person is justified in the use of force, except deadly . . .

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

. . . See §§ 776.012, 776.031-.032, Fla. Stat. (2009). . . . Florida Statute sections 776.012, 776.013, and 776.031, when read together, allow for the use of deadly . . . Chapter 2005-27 amended two existing statutes: sections 776.012 and 776.031; and it created two new statutes . . . [] Section 776.032 provides that a person using force as permitted by sections 776.012, 776.013 or 776.031 . . .

ODEH, v. STATE, 82 So. 3d 915 (Fla. Dist. Ct. App. 2011)

. . . Standard Jury Instruction (Crim.) 3.6(f), Justifiable Use of Deadly Force, in which sections 776.012 and 776.031 . . .

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

. . . . § 776.031 (emphasis added). The statute creates an immunity from criminal prosecution. Fla. . . . Furthermore, the effect of retreat is even more profound where § 776.031 — the statute relevant for this . . . Section 776.031, on the other hand, justifies force “to the extent that the person reasonably believes . . . On the other hand, immunity on the basis of § 776.031 will generally involve threats to property. . . . Thus, Plaintiff Reagan’s case hinges on whether he is entitled to immunity pursuant to § 776.031. . . .

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

. . . October 1, 2005, provides: (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . . 776.032(1) provides, in part, that a “person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . . 2005-27, Laws of Florida (2005), Florida law defined certain types of justified force, see §§ 776.12, 776.031 . . .

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

. . . Ground” law and providing that a person who uses force as authorized in sections 776.012, 776.013, or 776.031 . . .

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

. . . . §§ 776.012, 776.031, Fla. Stat. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . . In defense of property. § 776.031, Fla. Stat. Give if applicable. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . .

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

. . . Section 776.032(1) provides that "[a] person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .

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

. . . justifiable use of force under section 776.013, commonly known as the castle doctrine, and section 776.031 . . . Section 776.032(1) provides that “[a] person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .

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

. . . See § 776.031, Fla. Stat. (2008). . . . The law reads, “[a] person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified . . .

GRAY, Jr. v. STATE, 13 So. 3d 114 (Fla. Dist. Ct. App. 2009)

. . . Court of Appeal concluded that the right to immunity from criminal prosecution afforded in section 776.031 . . .

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

. . . Your Ground” statute provides: A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 . . .

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 STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 976 So. 2d 1081 (Fla. 2008)

. . . . §§ 776.012, 776.031, Fla. Stat. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.011, Fla. . . . In defense of property. § 776.031, Fla. Stat. Give if applicable. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.0U, Fla. . . .

BYERS v. RADIANT GROUP, L. L. C., 966 So. 2d 506 (Fla. Dist. Ct. App. 2007)

. . . circumstances in which an individual can justifiably use force against another in self-defense); § 776.031 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 947 So. 2d 1159 (Fla. 2007)

. . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776M1, Fla. . . .

MURRAY, v. STATE, 937 So. 2d 277 (Fla. Dist. Ct. App. 2006)

. . . Then 776.012, 776.031. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES NO., 930 So. 2d 612 (Fla. 2006)

. . . . §§ 776.012, 776.031, Fla. Stat. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . . In defense of property. § 776.031, Fla. Stat. Give ifapplieable. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.011, Fla. . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . In defense of property F.S. 776.031 (Defendant) would be justified in using force not likely to cause . . . In some instances, the instructions applicable to F.S. 776.012, 776.031 or 776.041 may need to be given . . .

CHESTNUT, v. STATE, 516 So. 2d 1144 (Fla. Dist. Ct. App. 1987)

. . . ." §§ 776.012, 776.031, 782.02, Fla.Stat. (1985); Falco v. State, 407 So.2d 203 (Fla.1981). . . .

CARRANZA, Jr. v. STATE, 511 So. 2d 410 (Fla. Dist. Ct. App. 1987)

. . . Section 776.031, Florida Statutes, provides that one is justified in the use of deadly force in the defense . . . 776, and since force in defense of another under specified circumstances is justifiable under section 776.031 . . . , the defendant correctly argues that the section 776.031 defense must be included in an instruction . . .

BOWES, v. STATE, 500 So. 2d 290 (Fla. Dist. Ct. App. 1986)

. . . defendant the right to assert self-defense and defense of others, pursuant to sections 776.012 and 776.031 . . . This restriction, however, is statutorily limited to sections 776.012 and 776.031 and to cases in which . . .

THE FLORIDA BAR STANDARD JURY INSTRUCTIONS CRIMINAL CASES, 477 So. 2d 985 (Fla. 1985)

. . . In some instances, the instructions applicable to F.S. 776.012, 776.031 or 776.041 may need to be given . . . Reed in all cases In defense of parson F.S. 776.012 Give if applicable In defense of property F.S. 776.031 . . . In seme instances, the instructions applicable to F.S. 776.012, 776.031 or 776.041 may need to be given . . .

FALCO, v. STATE, 407 So. 2d 203 (Fla. 1981)

. . . Similarly, section 776.031, entitled “Use of force in defense of others” provides: A person is justified . . . greater right to use deadly force to protect real property, other than a dwelling, pursuant to section 776.031 . . . however, is based on the faulty premise that a property owner has the “right”, pursuant to section 776.031 . . . First, appellant overlooks the fact that section 776.031, although expressly excluding the dwelling in . . . Therefore, in light of section 782.02 and the castle doctrine, and our construction of section 776.031 . . .

STATE v. FERGUSON,, 390 So. 2d 190 (Fla. Dist. Ct. App. 1980)

. . . . § 776.031, Fla.Stat. (1979); State v. Smith, 376 So.2d 261 (Fla.3d DCA 1979). . . .