Florida Statutes

Fla. Stat. § 776.06 (2025)

Deadly force by a law enforcement or correctional officer.

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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.

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1980–2026 · leading case: Ramon A. Mercado v. City of Orlando, 407 F.3d 1152 (11th Cir. 2005).

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Ramon A. Mercado v. City of Orlando, 407 F.3d 1152 (11th Cir. 2005). “’ ” Fla. Stat. § 776.06 . “Less-lethal munition” is, in turn, defined as “a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person’s body.”

The Florida Bar Re: Stand. Jury Instructions Crim. Cases, 477 So. 2d 985 (Fla. 1985). · cites it 2× “applicable Give if "Deadly force" includes, but is not limited to: applicable F.S. 776.06(1) 1. Firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and F.”

In Re Stand. Jury Instructions in Crim. Cases-Report No. 2009-01, 27 So. 3d 640 (Fla. 2010). · cites it 4× “firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and § 776.06(1)(a), Fla. Stat. 2. firing a firearm at a vehicle in which the person to be arrested is riding.”

Stand. Jury Instructions in Crim. Cases (2003-1), 869 So. 2d 1205 (Fla. 2004). · cites it 4× “firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and § 776.06(1)(a), FlaStat. 2. firing a firearm at a vehicle in which the person to be arrested is riding.”

Cruz v. State, 971 So. 2d 178 (Fla. 5th DCA 2007). · cites it 2× “Non-deadly force may be used when and to the extent that a person reasonably believes that the use of force is necessary to defend one's self or another against the imminent use of unlawful force. § 776.012, Fla. Stat. (2004); see also DeLuge v.”

Garramone v. State, 636 So. 2d 869 (Fla. 4th DCA 1994). · cites it 2× “See § 776.06, Fla. Stat. (1993). Discharge of a firearm has been held as a matter of law to constitute deadly force because a "firearm is, by definition, a deadly weapon which fires projectiles likely to cause death or great bodily harm.”

Redondo v. State, 380 So. 2d 1107 (Fla. 3d DCA 1980). · cites it 2× “, "force which is likely to cause death or great bodily harm," § 776.06, Fla. Stat. (1979)] to repel an unlawful attack upon himself if "he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself.”

Waldo v. State, 728 So. 2d 280 (Fla. 3d DCA 1999). · cites it 2× “The defendant argues that a knife is not necessarily a deadly weapon, and thus, the jury should have been permitted to determine whether the force used was deadly or non-deadly.”

Toledo v. State, 452 So. 2d 661 (Fla. 3d DCA 1984). · cites it 2× “See § 776.06, Fla. Stat. (1981). [4] While the defendant's proffer is unclear, it sufficiently appears that the testimony of the excluded witness was to relate to persons similarly situated to the defendant.”

Deluge v. State, 710 So. 2d 83 (Fla. 5th DCA 1998). · cites it 2× “Nondeadly force may be used whenever and to the extent a person reasonably believes that the use of force is necessary to defend himself or another against such imminent use of unlawful force.”

People v. Vasquez, 148 P.3d 326 (Colo. Ct. App. 2006). “§ 53a-3(5) (2005) (defining “deadly physical force” as “physical force which can be reasonably expected to cause death or serious physical injury”); Fla. Stat. § 776.06 (1) (2005) (defining “deadly force” as “force that is likely to cause death or great bodily harm”); Ind.”

William D. Cobb v. Louie L. Wainwright, Sec'y, Dep't of Offender Rehab., 666 F.2d 966 (5th Cir. 1982). “Fla.Stat. § 776.06 (1975) defines deadly force as force which is likely to cause death or great bodily harm and includes, but is not limited to: (1) The firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great…”

Show all 19 citing cases →

— 776.06(1) — 4 cases

Cruz v. State, 971 So. 2d 178 (Fla. 5th DCA 2007). “Non-deadly force may be used when and to the extent that a person reasonably believes that the use of force is necessary to defend one's self or another against the imminent use of unlawful force. § 776.012, Fla. Stat. (2004); see also DeLuge v.”

The Florida Bar Re: Stand. Jury Instructions Crim. Cases, 477 So. 2d 985 (Fla. 1985). “applicable Give if "Deadly force" includes, but is not limited to: applicable F.S. 776.06(1) 1. Firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and F.”

Brown v. State, 113 So. 3d 103 (Fla. 5th DCA 2013).

State of Florida v. Peter Peraza, 226 So. 3d 937 (Fla. 4th DCA 2017).

— 776.06(1)(a) — 2 cases

In Re Stand. Jury Instructions in Crim. Cases-Report No. 2009-01, 27 So. 3d 640 (Fla. 2010). “firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and § 776.06(1)(a), Fla. Stat. 2. firing a firearm at a vehicle in which the person to be arrested is riding.”

Stand. Jury Instructions in Crim. Cases (2003-1), 869 So. 2d 1205 (Fla. 2004). “firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and § 776.06(1)(a), FlaStat. 2. firing a firearm at a vehicle in which the person to be arrested is riding.”

— 776.06(1)(b) — 1 case

— 776.06(2) — 1 case

— 776.06(l)(b) — 1 case

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