2014 Florida StatutesTitle
XLVI
CHAPTER 776 JUSTIFIABLE USE OF FORCE
776.012
Use or threatened
use of force in defense of person.
776.013
Home protection;
use or threatened use of deadly force; presumption
of fear of death or great bodily harm.
776.031
Use or threatened
use of force in defense of property.
776.032
Immunity from
criminal prosecution and civil action for
justifiable use or threatened use of force.
776.041
Use or threatened
use of force by aggressor.
776.05
Law enforcement
officers; use of force in making an arrest.
776.051
Use or threatened
use of force in resisting arrest or making an
arrest or in the execution of a legal duty;
prohibition.
776.06
Deadly force by a
law enforcement or correctional officer.
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.
776.09
Retention of
records pertaining to persons found to be acting
in lawful self-defense; expunction of criminal
history records.
776.012
Use or
threatened use of force in defense of person.—
(1) A
person is justified in using or threatening to
use 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 the other’s imminent use of
unlawful force. A person who uses or threatens
to use force in accordance with this subsection
does not have a duty to retreat before using or
threatening to use such force.
(2) A
person is justified in using or threatening to
use deadly force if he or she reasonably
believes that using or threatening to use 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. A person who uses or
threatens to use deadly force in accordance with
this subsection does not have a duty to retreat
and has the right to stand his or her ground if
the person using or threatening to use the
deadly force is not engaged in a criminal
activity and is in a place where he or she has a
right to be.
History.—s. 13, ch. 74-383; s. 1188,
ch. 97-102; s. 2, ch. 2005-27; s. 3, ch. 2014-195.
776.013
Home
protection; use or threatened use of deadly force;
presumption of fear of death or great bodily harm.—
(1) A
person is presumed to have held a reasonable
fear of imminent peril of death or great bodily
harm to himself or herself or another when using
or threatening to use defensive force that is
intended or likely to cause death or great
bodily harm to another if:
(a) The person against whom the defensive
force was used or threatened was in the
process of unlawfully and forcefully entering,
or had unlawfully and forcibly entered, a
dwelling, residence, or occupied vehicle, or
if that person had removed or was attempting
to remove another against that person’s will
from the dwelling, residence, or occupied
vehicle; and
(b) The person who uses or threatens to
use defensive force knew or had reason to
believe that an unlawful and forcible entry or
unlawful and forcible act was occurring or had
occurred.
(2) The
presumption set forth in subsection (1) does not
apply if:
(a) The person against whom the defensive
force is used or threatened has the right to
be in or is a lawful resident of the dwelling,
residence, or vehicle, such as an owner,
lessee, or titleholder, and there is not an
injunction for protection from domestic
violence or a written pretrial supervision
order of no contact against that person; or
(b) The person or persons sought to be
removed is a child or grandchild, or is
otherwise in the lawful custody or under the
lawful guardianship of, the person against
whom the defensive force is used or
threatened; or
(c) The person who uses or threatens to
use defensive force is engaged in a criminal
activity or is using the dwelling, residence,
or occupied vehicle to further a criminal
activity; or
(d) The person against whom the defensive
force is used or threatened is a law
enforcement officer, as defined in s.
943.10(14), who enters or attempts to enter a
dwelling, residence, or vehicle in the
performance of his or her official duties and
the officer identified himself or herself in
accordance with any applicable law or the
person using or threatening to use force knew
or reasonably should have known that the
person entering or attempting to enter was a
law enforcement officer.
(3) A
person who is attacked in his or her dwelling,
residence, or vehicle has no duty to retreat and
has the right to stand his or her ground and use
or threaten to use force, including deadly
force, if he or she uses or threatens to use
force in accordance with s. 776.012(1) or (2) or
s. 776.031(1) or (2).
(4) A
person who unlawfully and by force enters or
attempts to enter a person’s dwelling,
residence, or occupied vehicle is presumed to be
doing so with the intent to commit an unlawful
act involving force or violence.
(5) As
used in this section, the term:
(a) “Dwelling” means a building or
conveyance of any kind, including any attached
porch, whether the building or conveyance is
temporary or permanent, mobile or immobile,
which has a roof over it, including a tent,
and is designed to be occupied by people
lodging therein at night.
(b) “Residence” means a dwelling in which
a person resides either temporarily or
permanently or is visiting as an invited
guest.
(c) “Vehicle” means a conveyance of any
kind, whether or not motorized, which is
designed to transport people or property.
History.—s. 1, ch. 2005-27; s. 4, ch.
2014-195.
776.031
Use or
threatened use of force in defense of property.—
(1) A
person is justified in using or threatening to
use 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 the 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.
A person who uses or threatens to use force in
accordance with this subsection does not have a
duty to retreat before using or threatening to
use such force.
(2) A
person is justified in using or threatening to
use deadly force only if he or she reasonably
believes that such conduct is necessary to
prevent the imminent commission of a forcible
felony. A person who uses or threatens to use
deadly force in accordance with this subsection
does not have a duty to retreat and has the
right to stand his or her ground if the person
using or threatening to use the deadly force is
not engaged in a criminal activity and is in a
place where he or she has a right to be.
History.—s. 13, ch. 74-383; s. 1189,
ch. 97-102; s. 3, ch. 2005-27; s. 5, ch. 2014-195.
776.032
Immunity
from criminal prosecution and civil action for
justifiable use or threatened use of force.—
(1) A
person who uses or threatens to use force as
permitted in s. 776.012, s. 776.013, or s.
776.031 is justified in such conduct and is
immune from criminal prosecution and civil
action for the use or threatened use of such
force by the person, personal representative, or
heirs of the person against whom the force was
used or threatened, unless the person against
whom force was used or threatened is a law
enforcement officer, as defined in s.
943.10(14), who was acting in the performance of
his or her official duties and the officer
identified himself or herself in accordance with
any applicable law or the person using or
threatening to use force knew or reasonably
should have known that the person was a law
enforcement officer. As used in this subsection,
the term “criminal prosecution” includes
arresting, detaining in custody, and charging or
prosecuting the defendant.
(2) A
law enforcement agency may use standard
procedures for investigating the use or
threatened use of force as described in
subsection (1), but the agency may not arrest
the person for using or threatening to use force
unless it determines that there is probable
cause that the force that was used or threatened
was unlawful.
(3) The
court shall award reasonable attorney’s fees,
court costs, compensation for loss of income,
and all expenses incurred by the defendant in
defense of any civil action brought by a
plaintiff if the court finds that the defendant
is immune from prosecution as provided in
subsection (1).
History.—s. 4, ch. 2005-27; s. 6, ch.
2014-195.
776.041
Use or
threatened 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 or threatened use of force
against himself or herself, unless:
(a) Such force or threat of 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 or threatened
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
or threatened use of force, but the assailant
continues or resumes the use or threatened use
of force.
History.—s. 13, ch. 74-383; s. 1190,
ch. 97-102; s. 7, ch. 2014-195.
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 or
threatened use of force in resisting arrest or
making an arrest or in the execution of a legal
duty; prohibition.—
(1) A
person is not justified in the use or threatened
use of force to resist an arrest by a law
enforcement officer, or to resist a law
enforcement officer who is engaged in the
execution of a legal duty, if the law
enforcement officer was acting in good faith and
he or she 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 or execution of a legal duty is
unlawful and known by him or her to be unlawful.
History.—s. 13, ch. 74-383; s. 1192,
ch. 97-102; s. 1, ch. 2008-67; s. 8, ch. 2014-195.
776.06 Deadly force by a law
enforcement or correctional officer.—
(1) As
applied to a law enforcement officer or
correctional officer acting in the performance
of his or her official duties, 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; s. 9, ch. 2014-195.
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.
76.085
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.
776.09
Retention
of records pertaining to persons found to be
acting in lawful self-defense; expunction of
criminal history records.—
(1)
Whenever the
state attorney or statewide prosecutor
dismisses an information, indictment, or
other charging document, or decides not to
file an information, indictment, or other
charging document because of a finding that
the person accused acted in lawful
self-defense pursuant to the provisions
related to the justifiable use of force in
this chapter, that finding shall be
documented in writing and retained in the
files of the state attorney or statewide
prosecutor.
(2)
Whenever a court
dismisses an information, indictment, or
other charging document because of a finding
that the person accused acted in lawful
self-defense pursuant to the provisions
related to the justifiable use of force in
this chapter, that finding shall be recorded
in an order or memorandum, which shall be
retained in the court’s records.
(3)
Under either
condition described in subsection (1) or
subsection (2), the person accused may apply
for a certificate of eligibility to expunge
the associated criminal history record,
pursuant to s. 943.0585(5), notwithstanding
the eligibility requirements prescribed in
s. 943.0585(1)(b) or (2).
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