The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . . § 776.051(1), Fla. Stat. . . . Force in resisting a law enforcement officer. § 776.051(1), Fla. Stat. . . .
. . . See §§ 776.051, 784.07, 843.01, Fla. Stat.; Sosnowski v. . . .
. . . See § 776.051(1), Fla. . . . State, 973 So.2d 1107, 1117 (Fla. 2007) (observing that section 776.051(1) abrogates the common law right . . .
. . . See § 776.051(1), Fla. Stat. (2011); Rowley v. State, 939 So.2d 298, 300 (Fla. 4th DCA 2006). . . . .
. . . . § 776.051(1), Fla. Stat. . . . Force in resisting a law enforcement officer. § 776.051(1), Fla. Stat. . . .
. . . , Resisting Officer with Violence, which currently provides: “A special instruction incorporating § 776.051 . . . The Committee’s proposal would amend the note to read: “A special instruction incorporating § 776.051 . . . However, section 776.051(1) applies to resisting an officer as well as to resisting arrest. . . . Note to Judge: A special instruction incorporating § 776.051(1) Fla. . . . Section 776.051(1), Florida Statutes (2013), provides: A person is not justified in the use of force . . .
. . . concerning the use of force when a defendant is charged with resisting arrest, pursuant to section 776.051 . . .
. . . Section 776.051(1), Florida Statutes (2008), prohibits the use of force to resist either arrest or the . . .
. . . . § 776.051(1), as recognized in J.M. v. Gargett, 101 So.3d 352 (Fla.2012). . . .
. . . State, 934 So.2d 1263, 1266 (Fla.2006), superseded by statute on other grounds, § 776.051(1), Fla. . . . See § 776.051(1), Fla. Stat. (2011); Jones v. State, 570 So.2d 433, 435 (Fla. 5th DCA 1990). . . .
. . . State, 912 So.2d 550, 555 (Fla.2005)), superseded by statute on other grounds, § 776.051(1), Fla. . . .
. . . State, 934 So.2d 1263, 1272 (Fla.2006), superseded by statute on other grounds, § 776.051(1), Fla. . . .
. . . . § 776.051(1), Fla. Stat. (2009). Compare Gonzalez v. . . .
. . . “Lawfulness” is an element of proof, except when section 776.051(1) applies. . . . We say under some circumstances because of the effect of section 776.051(1), Florida Statutes (2008). . . .
. . . See § 776.051(1), Fla. . . . .2d 1263, 1270 n. 4 (Fla.2006) (“In arrest situations, Florida courts have consistently read section 776.051 . . . required the State to prove that the arrest was lawful.”), superseded by statute on other grounds, § 776.051 . . . Pursuant to section 776.051(1), the appellant was not justified in resisting the arresting officer with . . .
. . . The plain language of section 776.051 dictated such limited results, particularly since sections 784.07 . . . Without such alternative language that appears in sections 784.07 and 843.01, section 776.051 could not . . . See § 776.051(2), Fla. Stat. (2009). . . . Force in resisting a law enforcement officer arrest. § 776.051(1), Fla. Stat. . . . Force in resisting a law enforcement officer arrest. § 776.051(1), Fla. Stat. . . .
. . . In Tillman, the Florida Supreme Court explained that section 776.051, which forecloses the defense of . . . Tillman Court also reiterated that Florida courts consistently hold that in arrest scenarios, section 776.051 . . .
. . . legislature receded from the common law rule that one could resist arrest with force by passing section 776.051 . . .
. . . Note to Judge: A special instruction incorporating § 776.051(1) Fla. . . .
. . . On June 30, 3006, the date of the alleged offense, section 776.051(1), Florida Statutes (2006), provided . . . Effective July 1, 2008, the legislature amended section 776.051. . . .
. . . Florida law existing at that time, there was a prohibition on the use of force to resist an arrest, see § 776.051 . . . Although the amendment is not applicable to this case, the 2008 Legislature broadened subsection 776.051 . . . The amended statute provides: 776.051. . . .
. . . Further, section 776.051(1) provides that a “person is not justified in the use of force to resist an . . . State, 934 So.2d 1263, 1270 (Fla.2006), the court held: Because the prohibition in section 776.051(1) . . .
. . . . § 776.051(1), Fla. Stat. . . . Force in resisting arrest. § 776.051(1), Fla. Stat. . . .
. . . See § 776.051(1), Fla. Stat. . . . At the time of the appeal, the question of whether section 776.051(1) applied to non-arrest situations . . . per curiam affirmed petitioner’s convictions, the Florida Supreme Court ruled in Tillman that section 776.051 . . . State, 801 So.2d 321, 323 (Fla. 4th DCA 2001), decisions applying section 776.051(1) and holding that . . . So.2d 459 (Fla.2007) (quashing a decision of this court which had relied on these cases and section 776.051 . . .
. . . In Tillman, the supreme court held that section 776.051(1), Florida Statutes, which prohibits the use . . . In so ruling, we relied upon section 776.051(1), Florida Statutes, which prohibits the use of force to . . . However, we decline to decide whether an arrest under section 776.051(1) encompasses post-arrest intake . . . The state, relying on section 776.051(1), Florida Statutes, asserted that this was not a viable defense . . . Although it is tempting to include post-arrest intake procedures within the ambit of section 776.051( . . .
. . . We affirmed the convictions, finding that pursuant to section 776.051(1), Florida Statutes (1997), an . . . The Florida Supreme Court reversed, concluding that section 776.051(1) only applied to those situations . . . Section 776.051(1) forecloses the defense of justifiable use of force by a defendant who resists an arrest . . . After concluding that section 776.051(1) did not apply to non-arrest cases, the supreme court then examined . . . Section 776.051(1), Florida Statutes (1997), provides: A person is not justified in the use of force . . .
. . . The State’s argument rests on section 776.051(1), Florida Statutes (2002), a provision in the chapter . . . Section 776.051(1), entitled “Use of force in resisting or making an arrest; prohibition,” provides that . . . Although this Court previously determined that section 776.051(1) is to be read in pari materia with . . . Therefore, section 776.051(1) cannot provide for an affirmative defense to resisting an officer with . . .
. . . The Second District had broadly applied section 776.051(1), Florida Statutes, which precludes the defense . . . and the commencement of this appeal, the Florida Supreme Court rejected the proposition that section 776.051 . . .
. . . discussing that the new jury instruction for the justifiable use of force in resisting arrest under section 776.051 . . .
. . . See Tillman, 934 So.2d at 1263 (rejecting the view held by this court and others that section 776.051 . . .
. . . The issue is whether section 776.051(1), Florida Statutes (1997), which prohibits the use of force to . . . There we approved the First District Court of Appeal’s decision in Taylor that section 776.051(1) “does . . . We must quash the Fourth District’s decision because it is contrary to our construction of section 776.051 . . . expressly rejected this view in Tillman, and cannot permit the same erroneous interpretation of section 776.051 . . . However, we decline to decide whether an arrest under section 776.051(1) encompasses post-arrest intake . . .
. . . . § 776.051(1), Fla. Stat. . . .
. . . In doing so, the supreme court rejected the State’s argument that “section 776.051(1), Florida Statutes . . .
. . . . § 776.051(1), Fla. Stat. (2003). . . . “[Cjourts have consistently read section 776.051(1), Florida Statutes (1995), in pari materia with section . . . Since both acts occurred after the officer told the defendant he was under arrest, section 776.051 applies . . .
. . . State, 740 So.2d 89 (Fla. 1st DCA 1999), on the issue of whether section 776.051(1), Florida Statutes . . . In Taylor, the First District held section 776.051(1) inapplicable in a prosecution for battery on a . . . We granted review to resolve the conflict between Taylor and Tillman on the scope of section 776.051( . . . Construction of Section 776.051(1) Section 776.051(1) forecloses the defense of justifiable use of force . . . Section 776.051(1) does not address the use of force to resist an officer when there are grounds for . . .
. . . Espinosa, 686 So.2d 1345, 1347 (Fla.l996)(“courts have consistently read section 776.051(1), Florida . . .
. . . Force in resisting arrest § 776.051(1), Fla. Stat. . . . Force in resisting arrest § 776.051(1), Fla. Stat. . . .
. . . See § 776.051(1), Fla. Stat. (2003). . . . See § 776.051, Fla. Stat. (2003). . . .
. . . Force in making unlawful arrest prohibited § 776.051(2), Fla.Stat. . . .
. . . The State argues that any error was harmless because section 776.051(1), Florida Statutes, makes it unlawful . . . Section 776.051, Use of force in resisting or making an arrest; prohibition, states in relevant part . . .
. . . Resisting an officer with violence is proscribed by section 776.051(1), Florida Statutes (1997), which . . . determining that section 843.01 (resisting and obstructing with violence) must be read together with section 776.051 . . .
. . . While an improper stop would not negate a charge of opposing an officer with violence, § 776.051(1), . . .
. . . specific issues concerning the factual basis for appellant’s plea and the constitutionality of section 776.051 . . .
. . . . § 776.051(1), which makes clear that “[a] person is not justified in the use of force to resist an . . . Stat. § 776.051(1), and Fidel was not justified in physically resisting as he did. . . .
. . . However, section 776.051(1), Florida Statutes, provides: A person is not justified in the use of force . . . statute to hold that: after July 1, 1975, section 843.01 must be read in pari materia with section 776.051 . . . Our sister court reversed both convictions, stating that section 776.051(1), Florida Statutes, only applies . . . prior holdings to the contrary but distinguished its case, stating: ... we do not think that section 776.051 . . .
. . . harm while making the arrest; (2) When necessarily committed in retaking felons who have escaped; ... 776.051 . . .
. . . Therefore, section 776.051(1), Florida Statutes (1997), which states that a person is not justified in . . .
. . . In support of this argument, the state relies on section 776.051(1), Florida Statutes, which states that . . . Section 776.051(1) does not apply in this case, however, because the statute is limited by its terms . . . The effect of section 776.051(1) in a resisting arrest ease is to eliminate the need for proof that the . . . Because the defendant in this case was not accused of resisting arrest, the limitation in section 776.051 . . . We recognize that some courts have extended the application of section 776.051(1) to unlawful detentions . . .
. . . Further, courts have consistently read section 776.051(1), Florida Statutes (1995), in pari materia with . . . Section 776.051 provides: (1) A person is not justified in the use of force to resist an arrest by a . . .
. . . to be that at common law a citizen had the right to resist an illegal arrest and that since section 776.051 . . . It is apparent, because of the location of section 776.051 within the chapter on Justifiable Use of Force . . . , and the context in which it appears, that section 776.051 is merely a limitation on the use of self . . .
. . . Gilchrist, 458 So.2d 1200, 1201 (Fla. 5th DCA 1984); § 776.051(1), Fla. Stat. (1991). . . .
. . . State, 362 So.2d 1013 (Fla. 1st DCA 1978); § 776.051(1), Fla. Stat. (1989). . . .
. . . See § 776.051(1), Fla.Stat. (1991). In a creative effort to avoid this rule, Mr. . . .
. . . F S 776.051(1) and F.S. 776.012 Give if applicable However, if an officer uses excessive force to make . . .
. . . No claim can be made that appellant’s actions after her arrest fall under the prohibition of section 776.051 . . .
. . . Section 776.051, Florida Statutes (1987), provides that a person is not justified in the use of force . . .
. . . . § 776.051(1), Fla.Stat. (1989). This is true even if the arrest is technically illegal. Lowery v. . . .
. . . . § 776.051, Fla. Stat. (1985). . . .
. . . State, 453 So.2d 428 (Fla. 1st DCA 1984), for support for his argument that, in spite of section 776.051 . . . State, 356 So.2d 1325 (Fla. 4th DCA 1978), and many other cases, sections 843.01 and 776.051(1) penalize . . .
. . . State, 433 So.2d 611 (Fla. 1st DCA 1983), section 776.051, Florida Statutes (1989), the common law rule . . .
. . . Force in making unlawful arrest prohibited F.S. 776.051(2) Give if applicable Use of any force by a law . . .
. . . The common law rule that permits one to resist an illegal arrest was not overruled by F.S. 776.051, so . . .
. . . defendant is not justified in using force to resist an unlawful arrest (pursuant to sections 843.01 and 776.051 . . .
. . . In Ivester, the district court construed section 776.051(1), Florida Statutes (Supp. 1974), which provides . . . jurisdictions that have been confronted with questions relating to statutes similar to sections 776.-012, 776.051 . . . Section 776.051(1) and section 776.012 have remained unchanged to date. . . . .
. . . substantive change is a new instruction under justifiable use of force in resisting arrest under section 776.051 . . . Aggressor F.S. 776.041 Give if applicable Define applicable forcible felony Force in resisting arrest F.S. 776.051 . . . Aggressor F.S. 776.041 Give if applicable Define applicable forcible felony Force in resisting arrest F.S. 776.051 . . .
. . . . 5th DCA 1981): Thus, after July 1, 1975, section 843.01 must be read in pari materia with section 776.051 . . . UP-CHURCH, JJ., concur. § 776.051(1), Fla.Stat. (1979): A person is not justified in the use of force . . .
. . . between self-defense and the use of force by an arresting officer was analyzed: Sections 776.012 and 776.051 . . . jurisdictions that have been confronted with questions relating to statutes similar to Sections 776.012, 776.051 . . . Section 776.051(1), Florida Statutes (1983), provides: A person is not justified in the use of force . . .
. . . State, 398 So.2d 926 (Fla. 1st DCA 1981), rev. denied, 412 So.2d 470 (Fla.1982), we held that section 776.051 . . . Section 776.051(1), Florida Statutes (1981) states: A person is not justified in the use of force to . . .
. . . Note the public policy in section 776.051(1) which provides, without reference to whether or not an attempted . . .
. . . jury instruction of self-defense on this charge would have been improper because Florida Statute § 776.051 . . .
. . . . 4th DCA 1978): Thus, after July 1, 1975, section 843.01 must be read in pari materia with section 776.051 . . . warrant was illegal, the officers were therefore not in the lawful performance of their duties. . § 776.051 . . .
. . . denied on the ground that a self-defense argument was “irrelevant and immaterial,” because Section 776.051 . . . While we agree that this rule of law is correct, Section 776.051(1), Florida Statutes, was not in effect . . . Section 776.051(1), Florida Statutes, states that “(1) A person is not justified in the use of force . . . Sections 776.012 and 776.051, Florida Statutes (1974), were both enacted as a part of the same act. . . . jurisdictions that have been confronted with questions relating to statutes similar to Sections 776.012, 776.051 . . .
. . . State, 338 So.2d 72 (Fla. 3d DCA 1976); Section 776.051, Fla.Stat. (1979). . . .
. . . In Lowrey, the court stated that Sections 776.051 and 843.01 must be read together. . . .
. . . appellant is not justified in using force to resist an unlawful arrest pursuant to Sections 843.01 and 776.051 . . .
. . . Section 776.051, Florida Statutes (1977); K. G. v. State, 338 So.2d 72 (Fla.3d DCA 1976). . . .
. . . , the common law right to resist an illegal arrest with force has been abrogated by statute Section 776.051 . . .
. . . requested, but did not receive, an instruction whereby the court would read to the jury verbatim Section 776.051 . . . We hold that the request for an instruction to read Section 776.051(2) was not a proper request and the . . .
. . . See § 776.051(1), Florida Statutes (1975), and footnote 2 of State v. . . .
. . . Thus, after July 1, 1975, Section 843.01 must be read in pari materia with Section 776.051; the end result . . . resisting arrest with violence occurred on October 17, 1976, well after the effective date of Section 776.051 . . .
. . . note that the events of this saga all occurred prior to October 1, 1975, the effective date of Section 776.051 . . .
. . . However, in 1974 our legislature enacted Section 776.051 which prohibits the use of force in resisting . . . In view of the fact that Section 776.051, Florida Statutes (1975) proscribes only the use of force in . . .
. . . This incident occurred subsequent to the effective date of Sec. 776.051, Florida Statutes (1975). . . .
. . . these proceedings, the legislature enacted Ch. 74-383 § 13, Laws of Florida, now codified as Section 776.051 . . . Section 776.051(1) provides: A person is not justified in the use of force to resist an arrest by a law . . . 1, Laws of Florida, codified as Section 775.011, Florida Statutes (1975), the provisions of Section 776.051 . . .
. . . . § 776.051 on the right to resist an officer in the performance of his duties. . . .
. . . Section 776.051(1), Florida Statutes, provides that a person is not justified in the use of force to . . .
. . . At that time a new statute, F.S. 776.051, will become effective. . . .