[SIZE=1][COLOR="#000000"][B][SIZE=2]Title XLVI
CRIMES
Chapter 776
JUSTIFIABLE USE OF FORCE
776.032
Immunity from criminal prosecution and civil action for justifiable use of force.—[/SIZE][/B]
(1) A person who uses force as permitted in [B]s.[COLOR="#0033BB"] 776.012[/COLOR], s.[COLOR="#006633"] 776.013[/COLOR][/B], or s. 776.031
is justified in using such force and is immune from criminal prosecution
and civil action for the use of such force, [COLOR="#A9A9A9"]unless the person
against whom force was used 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 force knew or reasonably should have known that the person was
a law enforcement officer.[/COLOR]
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
of force as described in subsection (1), but the agency may not arrest the person
for using force unless it determines that there is probable cause that the force
that was used was unlawful.
[COLOR="#A9A9A9"](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).[/COLOR]
History.—s. 4, ch. 2005-27.
[url=http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.032.html]Statutes & Constitution : Title XLVI : CRIMES : Chapter 776 : JUSTIFIABLE USE OF FORCE[/url]
[SIZE=2][B][COLOR="#0033BB"]776.012[/COLOR]
Use of force in defense of person.—[/B][/SIZE]
A person is justified in using force, except deadly 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.
However, a person is justified in the use of deadly force and does not have
a duty to retreat if:
(1) He or she reasonably believes that 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; or
(2) Under those circumstances permitted pursuant to s. 776.013.
History.—s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27.
[url=http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.012.html]Title XLVI : CRIMES : CHAPTER 776 : JUSTIFIABLE USE OF FORCE : 776.012[/URL]
[SIZE=2][B][COLOR="#006633"]776.013[/COLOR]
Home protection; use of deadly force; presumption of fear of death or great bodily harm.—[/B][/SIZE]
(1) 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 defensive force
that is intended or likely to cause death or great bodily harm to another if:[INDENT][COLOR="#A9A9A9"](a) The person against whom the defensive force was used 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[/COLOR]
(b) The person who uses defensive force knew or had reason to believe that
an unlawful and forcible entry or [highlight]unlawful and forcible act was occurring[/highlight]
or had occurred.[/INDENT]
[COLOR="#A9A9A9"](2) The presumption set forth in subsection (1) does not apply if:[INDENT](a) The person against whom the defensive force is used 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
(c) The person who uses defensive force is engaged in an unlawful activity or is
using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(d) The person against whom the defensive force is used 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 force
knew or reasonably should have known that the person entering or attempting to
enter was a law enforcement officer.[/INDENT][/COLOR]
(3) A person who is not engaged in an unlawful activity and who is attacked in any other
place where he or she has a right to be has no duty to retreat and has the right to
stand his or her ground and meet force with force, including deadly force if
he or she reasonably believes it is necessary to do so to prevent death or
great bodily harm to himself or herself or another or to prevent the commission
of a forcible felony.
[COLOR="#A9A9A9"](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:[INDENT](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.[/COLOR][/INDENT]
History.—s. 1, ch. 2005-27.
[url=http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.013.html]Title XLVI : CRIMES : CHAPTER 776 : JUSTIFIABLE USE OF FORCE : 776.013[/URL]
776.031 Use of force in defense of others
[/COLOR][/SIZE]
