Florida Statute 776.06 | Lawyer Caselaw & Research

The 2024 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.

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 Citing Statute 776.06

Total Results: 17

SHANE SCOTT HART v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-05-30

Citation: 247 So. 3d 556

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2017-08-30

Citation: 226 So. 3d 937, 2017 Fla. App. LEXIS 12472

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

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-05-17

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

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

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

Court: Supreme Court of Florida | Date Filed: 2010-01-07

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

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2007-12-28

Citation: 971 So. 2d 178, 2007 WL 4547445

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

Rivero v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-03-31

Citation: 871 So. 2d 953, 2004 Fla. App. LEXIS 4500, 2004 WL 626027

Snippet: Fla. Std. Jury Instr. (Crim.) 3.6(f); §§ 776.012, 776.06, Fla. Stat. (2002).* However, the argument the

Standard Jury Instructions in Criminal Cases (2003-1)

Court: Supreme Court of Florida | Date Filed: 2004-03-18

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

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

Waldo v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-02-10

Citation: 728 So. 2d 280, 1999 WL 68541

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

Deluge v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-04-09

Citation: 710 So. 2d 83, 1998 WL 166551

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

Albuguergue v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-10-22

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

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

Garramone v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-05-11

Citation: 636 So. 2d 869, 1994 WL 178067

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

Keith v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-02-08

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

Snippet: 045(l)(a)(l), Florida Statutes (1991). Section 776.06, Florida Statutes (1991), includes “force which

The Florida Bar Re: Standard Jury Instructions Criminal Cases

Court: Supreme Court of Florida | Date Filed: 1985-10-10

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

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

Toledo v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-07-17

Citation: 452 So. 2d 661

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

Redondo v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-03-04

Citation: 380 So. 2d 1107

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

Dept. of Business Regulation v. NAT. MANUFACTURED HOUSING FEDERATION, INC.

Court: Supreme Court of Florida | Date Filed: 1979-04-26

Citation: 370 So. 2d 1132, 1979 Fla. LEXIS 4650

Snippet: [4] § 83.770, Fla. Stat. (1977). [5] Id. § 83.776. [6] Id. § 83.784. [7] There is apparent confusion

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-08-24

Snippet: arresting felons fleeing from justice. Section 776.06, F. S., defines "deadly force" as force which is