One: It establishes, in law, the presumption that a criminal who forcibly Conveyance is defined in Florida Statute §810.011(3), as “any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft or sleeping car.” Although the definition of a dwelling in Florida Statute §776.013(5)(a), does not mention the term curtilage, the definition of dwelling found in Florida Statute §810.011(3) does and case law seems to support the notion that the Castle Doctrine does apply to the curtilage even though not mentioned in the definition of dwelling in Florida Statute §776.013. It’s been said that a man’s home is his castle, but what rights does this afford a homeowner in defense of this castle? A vehicle is defined as a conveyance of any kind, whether or not motorized, which is designed to transport people or property. Instead, Florida Statute §776.013 is titled Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm. How do you think the media has played a role in the coverage of “Stand-Your-Ground” cases in the past few months? The court found that the property between the locked fence and Mr. Vino’s residence was protected by the castle doctrine. The term “Castle Doctrine” does not appear in Florida law, however, the legal concept comes from the philosophy that every person is a King or Queen of his or her “castle.” As such, no king or queen is required to retreat before using force or deadly force against an intruder in his or her castle. Similar “Castle Doctrine” laws assert that a person does not need to retreat if their home is attacked. This principle has been codified and expanded by state legislatures. into law (Chapter No. Florida Statute §776.013, allows an individual who is in a dwelling or residence to use force or threaten to use force against an attacker without first retreating, so long as they have the right to be in that dwelling or residence. 2005-27) It takes effect … First, however, it is important to understand where the Castle Doctrine applies. Three: It provides that persons using force authorized by law shall not What is the difference between “Stand-Your-Ground” and “Castle Doctrine” laws? The "Castle Doctrine" is a long-standing American legal concept arising from English Common Law that provides that one's abode is a special area in which one enjoys certain protections and immunities, that one is not obligated to retreat before defending oneself against attack, and that one may do so without fear of prosecution. A great deal of erroneous information has been written, published and The first presumption under the Castle Doctrine found in Florida Statute §776.013, applies only when you know or have reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred into a dwelling, residence or occupied vehicle or when a person is attempting to or had removed another individual against their will from a dwelling, residence or occupied vehicle. and prosecutors who are prone to coddling criminals to instead focus on . Many states offer some protections to firearms owners in their own homes, however, as you can see above, Florida’s Castle Doctrine does much more and perhaps provides the greatest protections in the country. The featured topic we covered this month was How to Survive an Active Shooter Encounter! harm to yourself or others. . The Castle Doctrine in Florida. Vino was immune from the prosecution under, , of aggravated assault and improper exhibition of a firearm based on his use of force pursuant to.