Assault, Battery & Self-Defense

Do I have a duty to retreat in Florida?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
No — provided you're not engaged in criminal activity and you're somewhere you have a right to be.

No. Florida removed the common-law duty to retreat, and that's the provision the "stand your ground" name refers to.

But the exemption is conditional, and both conditions matter.

Not engaged in criminal activity. A person committing an offense at the time loses the protection. This comes up more than people expect — possession of a controlled substance, carrying a firearm unlawfully, or trespassing at the time of the incident can all be argued to remove it.

In a place you have a right to be. Lawful presence. A trespasser doesn't qualify.

What the removal of retreat does *not* do is expand when force is justified. The underlying requirement is unchanged: a reasonable belief that force is necessary to defend against imminent unlawful force, and for deadly force, necessary to prevent death, great bodily harm, or a forcible felony.

So no duty to retreat, but every other element still has to be there.

No retreat required — but only if both conditions were true at that moment. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.