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2008 Florida Statutes

Section 776.06, Florida Statutes 2008

776.06  Deadly force.--

(1)  The term "deadly force" means force that is likely to cause death or great bodily harm and includes, but is not limited to:

(a)  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

(b)  The firing of a firearm at a vehicle in which the person to be arrested is riding.

(2)(a)  The term "deadly force" does not include the discharge of a firearm by a law enforcement officer or correctional officer during and within the scope of his or her official duties which is loaded with a less-lethal munition. As used in this subsection, the term "less-lethal munition" means a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body.

(b)  A law enforcement officer or a correctional officer is not liable in any civil or criminal action arising out of the use of any less-lethal munition in good faith during and within the scope of his or her official duties.

History.--s. 13, ch. 74-383; s. 1, ch. 99-272.