Does Florida Statute 776.013, which creates a presumption that the use of deadly force is reasonable where another person is using force to unlawfully enter or has entered a dwelling, likewise apply to an employee at their workplace?
Well, the answer is “no”. F.S. 776.013 concerns only individuals within a dwelling, residence, or occupied vehicle, and creates additional protections beyond the older “castle doctrine” by creating certain presumptions that assist in any self defense case. However, a corollary question is: What if a person is working at their place of employment? Do they have a duty to retreat before using deadly force where there is an imminent threat of death or great bodily harm?
Again, but in an entire different light – the answer is “no”. The so called “castle” doctrine applies to employees engaged at their employment. They do not have a duty to retreat, and may stand their ground. The primary cases confirming this are Redondo v. State, 380 So.2d 1107 (Fla. 3DCA 1980, and State v. Smith, 376 So.2d 271 (Fla. 3DCA 1979), both of which held an employee has no duty to retreat from their premises before using deadly force to stop or prevent imminent death or great bodily harm. However, just like the castle doctrine, this would not apply if the threat was from another employee with an equal right to be on the premises. Frazier v. State, 681 So.2d 824 (Fla. 2DCA 1996) .
And, of course, you always have a right to Stand Your Ground against a violent physical attack if you are in a place where you have a right to be, are not an aggressor, and are not engaged in criminal conduct. Otherwise – retreat is required if it can be done without increasing the risk of death or great bodily harm to yourself.
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