PER CURIAM.
The petition is denied without prejudice to petitioner’s submitting the matter to the jury as an affirmative defense in his criminal trial. See Mederos v. State, 102 So.3d 7, 11 (Fla. 1st DCA 2012); Peterson v. State, 983 So.2d 27, 29 (Fla. 1st DCA 2008). ROBERTS, SWANSON, and BILBREY, JJ., concur.