Florida Statute 776.06 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

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F.S. 776.06

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.

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Amendments to 776.06

Annotations, Discussions, Cases:

Cases Citing Statute 776.06

Total Results: 16

Ramon A. Mercado v. City of Orlando

407 F.3d 1152, 2005 U.S. App. LEXIS 7444, 2005 WL 994816

Court of Appeals for the Eleventh Circuit | Filed: Apr 29, 2005 | Docket: 510286

Cited 341 times | Published

loaded with a ‘less lethal munition.’ ” Fla. Stat. § 776.06. “Less-lethal munition” is, in turn, defined as

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

includes, but is not limited to: applicable F.S. 776.06(1) 1. Firing a firearm in the direction

Garramone v. State

636 So. 2d 869, 1994 WL 178067

District Court of Appeal of Florida | Filed: May 11, 1994 | Docket: 2481647

Cited 20 times | Published

likely to cause death or great bodily harm. See § 776.06, Fla. Stat. (1993). Discharge of a firearm has

Redondo v. State

380 So. 2d 1107

District Court of Appeal of Florida | Filed: Mar 4, 1980 | Docket: 1725628

Cited 16 times | Published

is likely to cause death or great bodily harm," § 776.06, Fla. Stat. (1979)] to repel an unlawful attack

Deluge v. State

710 So. 2d 83, 1998 WL 166551

District Court of Appeal of Florida | Filed: Apr 9, 1998 | Docket: 1731506

Cited 11 times | Published

force likely to cause death or great bodily harm. § 776.06, Fla. Stat. (1995). Thus, a defendant is engaged

Toledo v. State

452 So. 2d 661

District Court of Appeal of Florida | Filed: Jul 17, 1984 | Docket: 1517662

Cited 10 times | Published

deadly weapon without more is not deadly force. See § 776.06, Fla. Stat. (1981). [4] While the defendant'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

exists to kill or inflict great bodily harm; and § 776.06(1)(a), Fla. Stat. 2. firing a firearm at a vehicle

Cruz v. State

971 So. 2d 178, 2007 WL 4547445

District Court of Appeal of Florida | Filed: Dec 28, 2007 | Docket: 1446482

Cited 8 times | Published

force likely to cause death or great bodily harm. § 776.06(1), Fla. Stat. (2004). A defendant is engaged

Waldo v. State

728 So. 2d 280, 1999 WL 68541

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 349947

Cited 7 times | Published

likely to cause death or great bodily harm. See § 776.06 Fla. Stat. (1997). In determining whether the

Brown v. State

113 So. 3d 103, 2013 Fla. App. LEXIS 7965, 2013 WL 2117306

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231389

Cited 1 times | Published

force likely to cause death or great bodily harm. § 776.06(1), Fla. Stat. (2011). Thus, a defendant is engaged

SHANE SCOTT HART v. STATE OF FLORIDA

247 So. 3d 556

District Court of Appeal of Florida | Filed: May 30, 2018 | Docket: 6958940

Published

636 So. 2d 869, 871 (Fla. 4th DCA 1994) (citing § 776.06, Fla. Stat. (1993)); see also Larsen, 82 So. 3d

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

§ 776.032(1), Fla. Stat. (2013). Section 776.06(1) provided, in pertinent part: . A law

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

exists to kill or inflict great bodily harm; and § 776.06(1)(a), FlaStat. 2. firing a firearm at a vehicle

Albuguergue v. State

700 So. 2d 464, 1997 Fla. App. LEXIS 11890, 1997 WL 656317

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 64776203

Published

force likely to cause death or great bodily harm. § 776.06, Fla. Stat. (1995). In Garramone v. State, 636

Keith v. State

614 So. 2d 560, 1993 Fla. App. LEXIS 1521, 1993 WL 30645

District Court of Appeal of Florida | Filed: Feb 8, 1993 | Docket: 64694599

Published

784.045(l)(a)(l), Florida Statutes (1991). Section 776.06, Florida Statutes (1991), includes “force which

Ago

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

Published

committed in arresting felons fleeing from justice. Section 776.06, F. S., defines "deadly force" as force which