Skip to main content
US Criminal Defense.org
Menu

Florida statute

Fla. Stat. § 776.031 — Use or threatened use of force in defense of property

Current through 2025 Florida Statutes

Part of Chapter 776: Justifiable Use of Force, Florida Statutes.

Full text of Fla. Stat. § 776.031

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 776.031Primary source, current through the 2025 Florida Statutes
(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.

Official sources

Legal terms used in this section

This reference is informational and is not legal advice.