Self-Defense Laws in Florida

Florida is a stand-your-ground state. A person is justified in using or threatening deadly force if he or she reasonably believes it is necessary to prevent imminent death or great bodily harm to himself, herself or another, or the imminent commission of a forcible felony; a person who uses or threatens deadly force under this section 'does not have a duty to retreat and has the right to stand his or her ground' if not engaged in criminal activity and in a place where he or she has a right to be. A person whose force is justified is immune from criminal prosecution and civil action (§ 776.032(1)); at a pretrial immunity hearing, once a prima facie claim of self-defense is raised, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity (§ 776.032(4)).

A person in a dwelling, residence or occupied vehicle has no duty to retreat and is presumed to have held a reasonable fear of imminent peril of death or great bodily harm when using defensive force against a person who was unlawfully and forcibly entering or had entered the dwelling, residence or occupied vehicle, if the person knew or had reason to believe this was occurring. The presumption does not apply if, among other exceptions, the person against whom force is used has the right to be in or is a lawful resident of the dwelling, residence or vehicle (absent an injunction or no-contact order), or the person using force is engaged in criminal activity or using the dwelling, residence or occupied vehicle to further criminal activity. Justified force brings immunity from criminal prosecution and civil action, except against a law enforcement officer acting in official duties who was identified or should have been known as an officer.