Florida Statute 776.5 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

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F.S. 776.05

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.

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Amendments to 776.05

Annotations, Discussions, Cases:

Cases Citing Statute 776.05

Total Results: 41

City of Miami v. Sanders

672 So. 2d 46, 1996 Fla. App. LEXIS 1528, 1996 WL 71487

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 2514513

Cited 124 times | Published

another from bodily harm while making the arrest." § 776.05(1), Fla.Stat. (1995). The critical factor here

In Re Stan. Jury Instr. in Criminal Cases

543 So. 2d 1205, 1989 WL 34342

Supreme Court of Florida | Filed: Mar 30, 1989 | Docket: 1729777

Cited 112 times | Published

officers. Chapter 87-147, Laws of Florida, amends Section 776.05, Florida Statutes, to redefine justifiable

The Florida Bar Re: Standard Jury Instructions Criminal Cases

477 So. 2d 985, 10 Fla. L. Weekly 557, 1985 Fla. LEXIS 3922

Supreme Court of Florida | Filed: Oct 10, 1985 | Docket: 1320378

Cited 72 times | Published

retreat from or stop efforts to make a lawful F.S. 776.05 arrest because of resistance or threatened

Joseph Todd Eric Brown v. City of Clewiston and Luis Perez

848 F.2d 1534, 1988 U.S. App. LEXIS 9615, 1988 WL 63970

Court of Appeals for the Eleventh Circuit | Filed: Jul 13, 1988 | Docket: 2013235

Cited 68 times | Published

as an embodiment of the common law rule was section 776.05, Florida Statutes, which authorized a police

Donato Dalrymple v. United States

460 F.3d 1318, 2006 U.S. App. LEXIS 20922, 2006 WL 2355585

Court of Appeals for the Eleventh Circuit | Filed: Aug 16, 2006 | Docket: 1270836

Cited 62 times | Published

recommendation the magistrate judge relied on section 776.05 of the Florida statute, which provides, in

United States v. Oscar Ronda

455 F.3d 1273, 2006 U.S. App. LEXIS 17492

Court of Appeals for the Eleventh Circuit | Filed: Jul 13, 2006 | Docket: 208947

Cited 57 times | Published

statute. See Fla. Stat. § 776.05. In relevant part, § 776.05 provides that a police officer is

Thomas E. Terrell v. Steve Smith

668 F.3d 1244, 2012 WL 255327, 2012 U.S. App. LEXIS 1689

Court of Appeals for the Eleventh Circuit | Filed: Jan 30, 2012 | Docket: 354467

Cited 47 times | Published

codified in Florida’s penal code. See id. § 776.05 (“A law enforcement offi *1253 cer

Thomas "Jack" Fitzgerald v. John P. McDaniel and Wayne "Cowboy" Morris, as Sheriff and Deputy Sheriff of Jackson County, Florida, Respectively

833 F.2d 1516, 1987 U.S. App. LEXIS 16301, 24 Fed. R. Serv. 441

Court of Appeals for the Eleventh Circuit | Filed: Dec 15, 1987 | Docket: 583136

Cited 28 times | Published

conduct was reasonable. Florida Statutes § 776.05 provides: A law enforcement officer, or any

Lozano v. State

584 So. 2d 19, 1991 WL 110859

District Court of Appeal of Florida | Filed: Jun 25, 1991 | Docket: 1515231

Cited 15 times | Published

justifiable use of force by a police officer. See § 776.05, Fla. Stat. (1989). Standard jury instructions

Mazzilli v. Doud

485 So. 2d 477, 11 Fla. L. Weekly 732

District Court of Appeal of Florida | Filed: Mar 25, 1986 | Docket: 1275728

Cited 15 times | Published

himself or to effect the arrest of felons. See § 776.05, Fla. Stat. (1979). *480 Although it is true that

City of St. Petersburg v. Reed

330 So. 2d 256

District Court of Appeal of Florida | Filed: Mar 24, 1976 | Docket: 1798004

Cited 12 times | Published

rule has recently been codified in Fla. Stat. § 776.05, as amended by Ch. 75-64.[1] This *258 right does

Ansley v. Heinrich

925 F.2d 1339, 1991 WL 19930

Court of Appeals for the Eleventh Circuit | Filed: Mar 11, 1991 | Docket: 66260524

Cited 10 times | Published

attempted arrest. The officers rely on Fla.Stat. § 776.05 which states in pertinent part: A law enforcement

City of Winter Haven v. Allen

541 So. 2d 128, 1989 WL 23504

District Court of Appeal of Florida | Filed: Mar 17, 1989 | Docket: 66413

Cited 10 times | Published

justifiable use of force standard found in section 776.05, Florida Statutes (1985). We find that appellant's

In Re Standard Jury Instructions in Criminal Cases-Report No. 2009-01

27 So. 3d 640, 35 Fla. L. Weekly Supp. 1, 2010 Fla. LEXIS 2, 2010 WL 26546

Supreme Court of Florida | Filed: Jan 7, 2010 | Docket: 1665256

Cited 9 times | Published

ENFORCEMENT OFFICER In making an arrest of a felon. § 776.05, Fla. Stat. Give if applicable. A law enforcement

Brown v. City of Clewiston

644 F. Supp. 1417, 1986 U.S. Dist. LEXIS 20060

District Court, S.D. Florida | Filed: Sep 22, 1986 | Docket: 1177221

Cited 8 times | Published

arresting felons fleeing from justice." Fla.Stat. § 776.05 (1979). This statute was a codification of the

Light v. State

796 So. 2d 610, 2001 WL 1104538

District Court of Appeal of Florida | Filed: Sep 21, 2001 | Docket: 1249425

Cited 6 times | Published

self-defense or if Mr. Light committed a new felony. See § 776.05(1), (3), Fla. Stat. (1993). Officer Penix's discharge

Ermini v. Scott

249 F. Supp. 3d 1253

District Court, M.D. Florida | Filed: Apr 6, 2017 | Docket: 64313854

Cited 4 times | Published

the arrest.’” Sanders, 672 So.2d at 47 (quoting § 776.05(1), Fla. Stat.). Here, the Court has found that

Brescher v. Pirez

696 So. 2d 370, 1997 WL 11857

District Court of Appeal of Florida | Filed: Apr 30, 1997 | Docket: 1325714

Cited 4 times | Published

938, 110 S.Ct. 3218, 110 L.Ed.2d 665 (1990). Section 776.05, Florida Statutes (1983), provided: [A law

Habie v. Krischer

642 So. 2d 138, 1994 WL 498397

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 549612

Cited 4 times | Published

prevent death or great bodily injury. Likewise, § 776.05 permits a law enforcement officer to use force

State v. Caamano

105 So. 3d 18, 2012 WL 5275428, 2012 Fla. App. LEXIS 18680

District Court of Appeal of Florida | Filed: Oct 26, 2012 | Docket: 60227815

Cited 3 times | Published

dismiss the charge, alleging immunity pursuant to section 776.05, Florida Statutes (2010), which provides qualified

Lewis v. City of St. Petersburg

98 F. Supp. 2d 1344, 2000 U.S. Dist. LEXIS 8485, 2000 WL 781042

District Court, M.D. Florida | Filed: May 3, 2000 | Docket: 2444106

Cited 3 times | Published

of alleged use of excessive force. Fla. Stat. § 776.05(1). Plaintiff, in the case at hand, alleges that

Brown v. City of Clewiston

644 F. Supp. 1407

District Court, S.D. Florida | Filed: Sep 30, 1986 | Docket: 1177025

Cited 3 times | Published

to Florida's "Fleeing Felon" Statute, Fla.Stat. § 776.05 (1979)), although, upon further questioning, he

Estate of Osorio v. Miami-Dade County

191 F. Supp. 3d 1366, 2016 U.S. Dist. LEXIS 79761, 2016 WL 3221138

District Court, S.D. Florida | Filed: Jun 9, 2016 | Docket: 64309266

Cited 2 times | Published

bodily harm’ while making the arrest”. Fla. Stat. § 776.05. Therefore, if a *1369plaintiff does overcome

Heilman v. State

135 So. 3d 513, 2014 Fla. App. LEXIS 4610, 2014 WL 1255319

District Court of Appeal of Florida | Filed: Mar 28, 2014 | Docket: 60239672

Cited 2 times | Published

for law enforcement officers. That statute is section 776.05, and it provides that the officer “is justified

State of Florida v. Peter Peraza

259 So. 3d 728

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402523

Cited 1 times | Published

FELONY, IS LIMITED TO INVOKING A DEFENSE UNDER SECTION 776.05(1), OR IS ALSO PERMITTED TO SEEK IMMUNITY FROM

Buchanan v. State

927 So. 2d 209, 2005 WL 3981633

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1764870

Cited 1 times | Published

language closely tracks the language set forth in section 776.05 of the Florida Statutes. That statute reads:

Denmark v. Lee County

931 F. Supp. 831, 1996 U.S. Dist. LEXIS 9344, 1996 WL 380629

District Court, M.D. Florida | Filed: Jul 1, 1996 | Docket: 2175892

Cited 1 times | Published

physically intrusive conduct ..." Furthermore, under § 776.05, Fla. Stat. (1991), only that force which is reasonably

Raulerson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69996619

Published

enforcement officer and that of a private person is section 776.05, Florida Statutes. Under that provision, a

Veronica Baxter v. Carson Hendren

Court of Appeals for the Eleventh Circuit | Filed: Nov 13, 2024 | Docket: 67730528

Published

Argued: Sep 27, 2024

making the arrest. FLA. STAT. § 776.05(1) (emphasis added). “Police officers receive

Chason, Kimbrel v. Clark

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553871

Published

Tavares, 603 So. 2d 18, 19–20 (Fla. 5th DCA 1992). § 776.05, Fla. Stat. (establishing

CHRISTOPHER KRICKOVICH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 9, 2022 | Docket: 62984889

Published

and “guilt” are trial concepts. For example, section 776.05, Florida Statutes (2018), describes situations

State of Florida v. Peter Peraza

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 14544802

Published

FELONY, IS LIMITED TO INVOKING A DEFENSE UNDER SECTION 776.()5(1), OR IS ALSO PERMITTED TO SEEK IMMUNITY

STATE OF FLORIDA v. PETER PERAZA

226 So. 3d 937, 2017 Fla. App. LEXIS 12472, 2017 WL 3730352

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145379

Published

officers already are provided a defense under section 776.05(1), Florida Statutes (2013), describing the

Standard Jury Instructions in Criminal Cases (2003-1)

869 So. 2d 1205, 29 Fla. L. Weekly Supp. 111, 2004 Fla. LEXIS 417, 2004 WL 524907

Supreme Court of Florida | Filed: Mar 18, 2004 | Docket: 64829550

Published

ENFORCEMENT OFFICER In making an arrest of a felon § 776.05, FlaStat. Give if applicable A law enforcement

Colvin v. Curtis

860 F. Supp. 1503, 1993 U.S. Dist. LEXIS 20247, 1993 WL 733106

District Court, M.D. Florida | Filed: Jul 30, 1993 | Docket: 1979038

Published

justifiable use of force as a defense to battery. Fla.Stat. 776.05 provides that a law enforcement officer is

City of Winter Haven v. Allen

589 So. 2d 968, 1991 Fla. App. LEXIS 11124, 1991 WL 229790

District Court of Appeal of Florida | Filed: Nov 8, 1991 | Docket: 64663264

Published

justifiable force in making an arrest under section 776.05, Florida Statutes (1985). If the evidence at

Hamm v. Powell

874 F.2d 766, 1989 WL 51539

Court of Appeals for the Eleventh Circuit | Filed: Jun 6, 1989 | Docket: 66244209

Published

conduct apparently was authorized by Fla.Stat. § 776.05 that provides: "A law enforcement officer, or

Johnson v. Colgate

687 F. Supp. 573, 1988 U.S. Dist. LEXIS 5503, 1988 WL 61781

District Court, M.D. Florida | Filed: Jun 15, 1988 | Docket: 66175745

Published

when arresting an escaped or fleeing felon. Section 776.05, Florida Statutes. Defendant Colgate had no

Nelson v. Howell

455 So. 2d 608, 9 Fla. L. Weekly 1910, 1984 Fla. App. LEXIS 14940

District Court of Appeal of Florida | Filed: Sep 7, 1984 | Docket: 64606714

Published

arrest or preventing an escape, as mentioned in § 776.05. There is no statutory authority for a citizen’s

Ago

Florida Attorney General Reports | Filed: Aug 24, 1976 | Docket: 3257521

Published

arrest. Section 776.05, F. S., makes no distinction between armed and unarmed felons. Section 776.05, F.

Ago

Florida Attorney General Reports | Filed: Aug 19, 1976 | Docket: 3258670

Published

firearms and other weapons for lawful purposes. Section 776.05, F. S., inter alia, authorizes a "law enforcement