What is Stand Your Ground in Florida?
Two distinct components, and the second is the more powerful one.
No duty to retreat. A person who is not engaged in criminal activity and is in a place they have a right to be has no duty to retreat before using or threatening force, where they reasonably believe it necessary to defend against imminent unlawful force. For deadly force, the belief must be that it's necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony.
Immunity from prosecution. This is what distinguishes Florida's law from ordinary self-defense. Section 776.032 provides immunity — not a defense to be argued at trial, but protection from being prosecuted at all. It also extends to civil liability.
The immunity is asserted before trial, at a hearing where a judge decides. Since 2017, once the defendant raises a prima facie claim, the State bears the burden of overcoming it by clear and convincing evidence.
Losing that hearing doesn't end the self-defense claim — it moves to the jury.
Immunity and a defense are different things. Florida gives you both. ---
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