The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

View Entire Chapter

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.

F.S. 776.06 on Google Scholar

F.S. 776.06 on Casetext

Amendments to 776.06

Arrestable Offenses / Crimes under Fla. Stat. 776.06

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.06.

Annotations, Discussions, Cases:

Cases from cite.case.law:

HART, v. STATE, 247 So. 3d 556 (Fla. App. Ct. 2018)

. . . State , 636 So.2d 869, 871 (Fla. 4th DCA 1994) (citing § 776.06, Fla. . . .

STATE v. PERAZA,, 226 So. 3d 937 (Fla. Dist. Ct. App. 2017)

. . . Section 776.06(1) provided, in pertinent part: . . . .

L. BROWN, v. WARDEN,, 562 F. App'x 779 (11th Cir. 2014)

. . . . § 776.06. . . .

BROWN, v. STATE, 113 So. 3d 103 (Fla. Dist. Ct. App. 2013)

. . . . § 776.06(1), Fla. Stat. (2011). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 27 So. 3d 640 (Fla. 2010)

. . . the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and § 776.06 . . . Stat. 2. firing a firearm at a vehicle in which the person to be arrested is riding. § 776.06(1)(b), . . .

CRUZ, v. STATE, 971 So. 2d 178 (Fla. Dist. Ct. App. 2007)

. . . . § 776.06(1), Fla. Stat. (2004). . . .

A. MERCADO, v. CITY OF ORLANDO, a, 407 F.3d 1152 (11th Cir. 2005)

. . . . § 776.06. . . .

A. MERCADO, v. CITY OF ORLANDO, a, 323 F. Supp. 2d 1266 (M.D. Fla. 2004)

. . . Stat. ch. 776.06 (2003). . . . .

RIVERO, v. STATE, 871 So. 2d 953 (Fla. Dist. Ct. App. 2004)

. . . (Crim.) 3.6(f); §§ 776.012, 776.06, Fla. Stat. (2002). . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 869 So. 2d 1205 (Fla. 2004)

. . . 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 . . .

WALDO, v. STATE, 728 So. 2d 280 (Fla. Dist. Ct. App. 1999)

. . . See § 776.06 Fla. Stat. (1997). . . .

DeLUGE, v. STATE, 710 So. 2d 83 (Fla. Dist. Ct. App. 1998)

. . . . § 776.06, Fla. Stat. (1995). . . .

ALBUGUERGUE, v. STATE, 700 So. 2d 464 (Fla. Dist. Ct. App. 1997)

. . . . § 776.06, Fla. Stat. (1995). In Garramone v. . . .

GARRAMONE, v. STATE RODGERS, v. STATE, 636 So. 2d 869 (Fla. Dist. Ct. App. 1994)

. . . See § 776.06, Fla.Stat. (1993). . . .

KEITH, v. STATE, 614 So. 2d 560 (Fla. Dist. Ct. App. 1993)

. . . Section 776.06, Florida Statutes (1991), includes “force which is likely to cause ... great bodily harm . . .

THE FLORIDA BAR STANDARD JURY INSTRUCTIONS CRIMINAL CASES, 477 So. 2d 985 (Fla. 1985)

. . . To prevent escape from penal institution F.S. 776.07(2) Give if applicable Give if applicable F.S. 776.06 . . . (1) F.S. 776.06(2) Definition Give if applicable If the law enforcement officer has am opportunity to . . .

TOLEDO, v. STATE, 452 So. 2d 661 (Fla. Dist. Ct. App. 1984)

. . . See § 776.06, Fla.Stat. (1981). . . . .

D. COBB, v. L. WAINWRIGHT,, 666 F.2d 966 (5th Cir. 1982)

. . . . §§ 776.05, 776.06, and 776.07. . . . Fla.Stat. § 776.06 (1975) defines deadly force as force which is likely to cause death or great bodily . . .

REDONDO, v. STATE, 380 So. 2d 1107 (Fla. Dist. Ct. App. 1980)

. . . person may use deadly force [i. e., “force which is likely to cause death or great bodily harm,” § 776.06 . . .

ROSS ENGINEERING COMPANY v. THE UNITED STATES, 130 Ct. Cl. 368 (Ct. Cl. 1955)

. . . 59,253.59 Plaintiff also paid insurance on these increased wages in the amount of $3,996.34, of which $776.06 . . .