The Florida Senate

776.012  Use of force in defense of person.

776.031  Use of force in defense of others.

776.041  Use of force by aggressor.

776.05  Law enforcement officers; use of force in making an arrest.

776.051  Use of force in resisting or making an arrest; prohibition.

776.06  Deadly force.

776.07  Use of force to prevent escape.

776.08  Forcible felony.

776.085  Defense to civil action for damages; party convicted of forcible or attempted forcible felony.

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.--

(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.

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; carjacking; 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.