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Does Florida have the castle doctrine?

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  • Does Florida have the castle doctrine?

    Does Florida have the castle doctrine? As in if someone breaks into your home, you DO NOT have the duty to retreat?

  • #2
    Your answer can be found in F.S., chapter 776.

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    • #3
      You don't even have to retreat in the streets.

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      • #4
        beachcop05,

        For some reason when I looked at your name, I thought it read you were from Florida, hence the short answer. Sorry, I just woke up.

        In fact, in Florida most anyone (though not neccasarly a LEO on duty) can use deadly force to prevent the imminent commission of a forcible felony. Please see the following links for an explanation of what that means:

        http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0776/SEC012.HTM&Title=->2008->Ch0776->Section%20012#0776.012

        http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0776/SEC013.HTM&Title=->2008->Ch0776->Section%20013#0776.013

        http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0776/SEC031.HTM&Title=->2008->Ch0776->Section%20031#0776.031

        The following wording is from the last link, and it codifies the types of crime a citizen can use deadly force to prevent: "However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be."

        Here is the definition of "Forcible felony":

        776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

        Hope this helps.
        Last edited by kyle bermingham; 12-05-2008, 03:00 PM.

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        • #5
          This is one of the few things that Floriduh got right.
          Airborne Cops are closer to God.
          Arms and legs are just extensions of flight controls.

          THESE BIG RED LETTERS HELP ME FIND MY POST.

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          • #6
            Originally posted by kyle bermingham View Post
            beachcop05,

            For some reason when I looked at your name, I thought it read you were from Florida, hence the short answer. Sorry, I just woke up.

            In fact, in Florida most anyone (though not neccasarly a LEO on duty) can use deadly force to prevent the imminent commission of a forcible felony. Please see the following links for an explanation of what that means:

            http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0776/SEC012.HTM&Title=->2008->Ch0776->Section%20012#0776.012

            http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0776/SEC013.HTM&Title=->2008->Ch0776->Section%20013#0776.013

            http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0776/SEC031.HTM&Title=->2008->Ch0776->Section%20031#0776.031

            The following wording is from the last link, and it codifies the types of crime a citizen can use deadly force to prevent: "However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be."

            Here is the definition of "Forcible felony":

            776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

            Hope this helps.

            Ya this helps a bunch, thanks I really appreciate it.

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            • #7
              You're welcome. Sorry I couldn't post the links as hyperlinks, I guess they were too long.

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              • #8
                Castle Doctrine as IN Frank Castle..... The Punisher????

                Ok showing my nerd side....
                "Do not be overcome by evil, but overcome evil with good" Romans 12:21

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