1998 FLORIDA
STATUTES
CHAPTER
776
JUSTIFIABLE USE OF FORCE
776.012 Use of force in defense
of person.--A person is justified in the use of
force, except deadly force, against another when and to
the extent that the person reasonably believes that such
conduct is necessary to defend himself or herself or
another against such other's imminent use of unlawful
force. 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 imminent death or
great bodily harm to himself or herself or another or to
prevent the imminent commission of a forcible
felony.
History.--s. 13, ch. 74-383; s. 1188, ch.
97-102.
776.031 Use of force in defense of
others.--A person is justified in the use of force,
except deadly force, against another when and to the
extent that the person reasonably believes that such
conduct is necessary to prevent or terminate such
other's trespass on, or other tortious or criminal
interference with, either real property other than a
dwelling or personal property, lawfully in his or her
possession or in the possession of another who is a
member of his or her immediate family or household or of
a person whose property he or she has a legal duty to
protect. 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.
History.--s. 13, ch.
74-383; s. 1189, ch. 97-102.
776.041 Use of
force by aggressor.--The justification described in
the preceding sections of this chapter is not available
to a person who:
(1) Is attempting to commit, committing,
or escaping after the commission of, a forcible
felony; or
(2) Initially provokes the use of force
against himself or herself, unless:
(a) Such force is so great that the
person reasonably believes that he or she is in
imminent danger of death or great bodily harm and
that he or she has exhausted every reasonable means
to escape such danger other than the use of force
which is likely to cause death or great bodily harm
to the assailant; or
(b) In good faith, the
person withdraws from physical contact with the
assailant and indicates clearly to the assailant
that he or she desires to withdraw and terminate the
use of force, but the assailant continues or resumes
the use of force.
History.--s. 13, ch. 74-383; s. 1190,
ch. 97-102.
776.05 Law enforcement officers;
use of force in making an arrest.--A law enforcement
officer, or any person whom the officer has summoned or
directed to assist him or her, need not retreat or
desist from efforts to make a lawful arrest because of
resistance or threatened resistance to the arrest. The
officer is justified in the use of any force:
(1) Which he or she reasonably believes to
be necessary to defend himself or herself or another
from bodily harm while making the arrest;
(2) When
necessarily committed in retaking felons who have
escaped; or
(3) When necessarily committed in
arresting felons fleeing from justice. However, this
subsection shall not constitute a defense in any civil
action for damages brought for the wrongful use of
deadly force unless the use of deadly force was
necessary to prevent the arrest from being defeated by
such flight and, when feasible, some warning had been
given, and:
(a) The officer reasonably believes that
the fleeing felon poses a threat of death or serious
physical harm to the officer or others; or
(b)
The officer reasonably believes that the fleeing
felon has committed a crime involving the infliction
or threatened infliction of serious physical harm to
another person.
History.--s. 13, ch. 74-383; s. 1, ch.
75-64; s. 1, ch. 87-147; s. 54, ch. 88-381; s. 1191, ch.
97-102.
776.051 Use of force in resisting or
making an arrest; prohibition.--
(1) A person is not justified in the use
of force to resist an arrest by a law enforcement
officer who is known, or reasonably appears, to be a
law enforcement officer.
(2) A law enforcement
officer, or any person whom the officer has summoned
or directed to assist him or her, is not justified in
the use of force if the arrest is unlawful and known
by him or her to be unlawful.
History.--s. 13, ch. 74-383; s. 1192,
ch. 97-102.
776.06 Deadly force.--"Deadly
force" means force which is likely to cause death or
great bodily harm and includes, but is not limited to:
(1) The firing of a firearm in the
direction of the person to be arrested, even though no
intent exists to kill or inflict great bodily harm;
and
(2) The firing of a firearm at a vehicle in
which the person to be arrested is riding.
History.--s. 13, ch. 74-383.
776.07 Use of force to prevent
escape.--
(1) A law enforcement officer or other
person who has an arrested person in his or her
custody is justified in the use of any force which he
or she reasonably believes to be necessary to prevent
the escape of the arrested person from custody.
(2) A correctional officer or other law
enforcement officer is justified in the use of force,
including deadly force, which he or she reasonably
believes to be necessary to prevent the escape from a
penal institution of a person whom the officer
reasonably believes to be lawfully detained in such
institution under sentence for an offense or awaiting
trial or commitment for an offense.
History.--s. 13, ch. 74-383; s. 7, ch.
95-283; s. 1193, ch. 97-102.
776.08 Forcible
felony.--"Forcible felony" means treason; murder;
manslaughter; sexual battery; car-jacking; 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.
History--s. 13, ch. 74-383; s. 4, ch.
75-298; s. 289, ch. 79-400; s. 5, ch. 93-212; s. 10, ch.
95-195.
776.085 Defense to civil action for
damages; party convicted of forcible or attempted
forcible felony.--
(1) It shall be a defense to any action
for damages for personal injury or wrongful death, or
for injury to property, that such action arose from
injury sustained by a participant during the
commission or attempted commission of a forcible
felony. The defense authorized by this section shall
be established by evidence that the participant has
been convicted of such forcible felony or attempted
forcible felony, or by proof of the commission of such
crime or attempted crime by a preponderance of the
evidence.
(2) For the purposes of this section,
the term "forcible felony" shall have the same meaning
as in s. 776.08.
(3) Any civil action in which the
defense recognized by this section is raised shall be
stayed by the court on the motion of the civil
defendant during the pendency of any criminal action
which forms the basis for the defense, unless the
court finds that a conviction in the criminal action
would not form a valid defense under this section.
(4) In any civil action where a party prevails
based on the defense created by this section:
(a) The losing party, if convicted of
and incarcerated for the crime or attempted crime,
shall, as determined by the court, lose any
privileges provided by the correctional facility,
including, but not limited to:
1. Canteen purchases;
2. Telephone
access;
3. Outdoor exercise;
4. Use of the
library; and
5. Visitation.
(b) The
court shall award a reasonable attorney's fee to be
paid to the prevailing party in equal amounts by the
losing party and the losing party's attorney;
however, the losing party's attorney is not
personally responsible if he or she has acted in
good faith, based on the representations of his or
her client. If the losing party is incarcerated for
the crime or attempted crime and has insufficient
assets to cover payment of the costs of the action
and the award of fees pursuant to this paragraph,
the party shall, as determined by the court, be
required to pay by deduction from any payments the
prisoner receives while incarcerated.
(c) If the
losing party is incarcerated for the crime or
attempted crime, the court shall issue a written
order containing its findings and ruling pursuant to
paragraphs (a) and (b) and shall direct that a
certified copy be forwarded to the appropriate
correctional institution or
facility.
History.--s. 1, ch. 87-187; s. 72, ch.
96-388.