Florida Self-Defense Laws

By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed March 13, 2025

In 2005, Florida passed the first stand-your-ground law in the nation. This law allows the use of force, up to and including the use of deadly force, if a person believes they are facing death or great bodily harm. Today, most states have similar laws.

Florida’s stand-your-ground law clarified that you have no duty to retreat from an attacker in any place you are lawfully present. Eleven states, including New York, Massachusetts, and Hawaii, require you to retreat if you can do so safely before using force against an aggressor.

Florida’s Self-Defense and Stand-Your-Ground Laws

In Florida, self-defense is a presumptive defense. This means courts assume that a defendant who makes a claim of self-defense or stand-your-ground was in imminent danger and reasonably feared for their life. The defendant need only present prima facie evidence of their case. The burden of proof then shifts to the prosecution to disprove the need for self-defense (Fla. Stat. 766.032(4)). The prosecution must show by “clear and convincing evidence” that there was no imminent threat and the defendant was the attacker or aggressor in the confrontation.

In most states, self-defense is an affirmative defense. The defendant must show that a reasonable person would have done the same in similar circumstances. The difference is that in Florida, people are immune from prosecution once they have shown they acted in self-defense.

Castle Doctrine

All states have some form of castle doctrine (Fla. Stat. 776.013). This law states that residents may defend themselves and others inside their own dwelling. There is no duty to retreat when inside your own home.

When using force to defend your property, you must use force proportional to that used against you.

Non-deadly force to defend against the imminent use of unlawful force unlikely to cause serious bodily injury
Deadly force if the attacker is using or threatening to use such force or to prevent imminent death or great bodily harm
To prevent a forcible felony within the dwelling, such as assault, robbery, or kidnapping

There is a presumption of reasonable fear of great bodily harm or death if the aggressor enters the dwelling in a forcible manner or attempts to forcibly remove another person from the dwelling. This presumption does not apply if the entrant is a lawful resident or is trying to remove a child or other person from their lawful custody.

The person making entry is a law enforcement officer in the course of their official duties
The person making entry is a lawful resident of the dwelling, and there is no injunction preventing entry
The person is a child, grandchild, or otherwise in the lawful custody of the person attempting to remove them
The person who used defensive force is engaged in criminal activity

Justifiable Use of Force

In other situations, such as on the street or other property besides one’s home, Florida statutes allow the use of force proportional to the force used against you (Fla. Stat. 776.031).

You may use non-deadly force if you have a reasonable belief of the imminent use of unlawful force. You may use deadly force if you have a reasonable fear of imminent death or great bodily harm or to prevent the imminent commission of a forcible felony (Fla. Stat. 776.012).

Courts presume reasonable fear if you are at home or in your own vehicle. You must show affirmative evidence of your belief in other locations.

You may not claim self-defense or stand your ground if:

You are attempting to escape after the commission of a forcible felony
You were engaged in unlawful activity at the time of the self-defense act
You were the initial aggressor or provoked the attack unless the conflict has escalated, you are facing imminent grievous bodily harm, and you have exhausted every means to escape or withdraw from physical contact (Fla. Stat. 776.041)
The aggressor is a law enforcement officer, and you are resisting arrest (Fla. Stat. 776.051)

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decisions.