The 2023 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

View Entire Chapter

F.S. 776.08

776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

History.—s. 13, ch. 74-383; s. 4, ch. 75-298; s. 289, ch. 79-400; s. 5, ch. 93-212; s. 10, ch. 95-195.

F.S. 776.08 on Google Scholar

F.S. 776.08 on Casetext

Amendments to 776.08

Arrestable Offenses / Crimes under Fla. Stat. 776.08

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.08.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

Edenfield v. State
No. 1D22-290 (Fla. Dist. Ct. App. May. 31, 2023)
Appellant also cited then Judge Barrett's dissent in Kanter v. Barr, 919 F.3d 437, 451 (7th Cir. 2019), where she argued that the disenfranchisement of Second Amendment rights should only apply to violent felons. Appellant provides no case that has adopted this view. Even if the Kanter dissent was adopted as law, Appellant would not benefit since he is a "violent" felon. Appellant was twice convicted of burglary of a dwelling before he possessed a shotgun. This is a forcible felony in Florida along with other serious offenses like murder and sexual battery. See § 776.08, Fla. Stat. Housebreaking, which is another name for burglary of dwelling, was also described in Kanter as a crime of violence. 919 F.3d at 466 n.14 (Barrett, J., dissenting); see also United States v. Thompson, 54 F.4th 849 (5th Cir. 2022) (defining burglary of a dwelling as a crime of violence in allowing enhancement of sentence under the Armed Career Criminal Act, 18 U.S.C. 924(e)). Appellant cites United States v. Quiroz, PE:22-CR-00104-DC, 2022 WL 4352482 (W.D. Tex. Sept. 19, 2022), which held that the federal law prohibiting indicted persons from possessing firearms was facially invalid post Bruen…
The City of New Port Richey v. Lamko
No. 2D22-2361 (Fla. Dist. Ct. App. Apr. 12, 2023)
Motion for summary judgment
2. At the time the law enforcement officer initiates the pursuit, the officer reasonably believes that the person fleeing has committed a forcible felony as defined in s. 776.08; and
PAGE 7
Peterson v. State
No. 5D22-173 (Fla. Dist. Ct. App. Mar. 24, 2023)
The forcible felony exception instruction at issue in this appeal derives from section 776.041(1), Florida Statutes (2014), which provides that the justification of use of force is not available to a person who "[i]s attempting to commit, committing, or escaping after the commission of . . . a forcible felony." "Forcible Felony" includes aggravated assault. § 776.08, Fla. Stat. (2014). For the forcible felony exception instruction to apply, there must be an independent forcible felony charged other than the one the defendant claims he committed in self-defense. See Woodsmall v. State, 164 So.3d 696, 698 (Fla. 5th DCA 2015) (citing Martinez v. State, 981 So.2d 449, 454 (Fla. 2008)). "[I]f a defendant claims self-defense as to every forcible felony with which he is charged, there may not be a separately charged crime that can support the instruction." Berrane v. State, 337 So.3d 464, 466 (Fla. 1st DCA 2022); see also Furney v. State, 115 So.3d 1095, 1098 (Fla. 4th DCA 2013); Santiago v. State, 88 So.3d 1020, 1023 (Fla. 2d DCA 2012);
PAGE 3
Batta v. State
345 So. 3d 947 (Fla. Dist. Ct. App. 2022)
In order to sentence a defendant as a VCC, a sentencing court must determine that the defendant meets the requirements of section 775.084(1)(d). Importantly, section 775.084(1)(d) 1. requires that a defendant be convicted of at least three violent qualifying felonies that are enumerated in that statute. Among the list of crimes listed is the catch all phrase, "[a]ny forcible felony, as described in s. 776.08." § 775.084(1)(d) 1.a., Fla. Stat. Looking to the text of section 776.08, Florida Statutes (2021), a forcible felony is defined, in part, as "any other felony which involves the use or threat of physical force or violence against any individual."
PAGE 948
Pine v. State
331 So. 3d 304 (Fla. Dist. Ct. App. 2021)
If a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08, and excluding any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison sanction. However, if the court makes written findings that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section.
PAGE 305
Campbell v. State
329 So. 3d 818 (Fla. Dist. Ct. App. 2021)
Affirmed. See §§ 775.084(1)(d) and 776.08, Fla. Stat. (2003) ; Jones v. State, 988 So. 2d 1109, 1109 (Fla. 3d DCA 2008).
Campbell v. State
No. 3D21-2190 (Fla. Dist. Ct. App. Dec. 22, 2021)
Affirmed. See §§ 775.084(1)(d) and 776.08, Fla. Stat. (2003); Jones v. State, 988 So.2d 1109, 1109 (Fla. 3d DCA 2008).
Abdallah v. State
335 So. 3d 696 (Fla. Dist. Ct. App. 2021)
Abdallah argues that the trial court erred by denying his motion for judgment of acquittal with regard to the burglary charge. Section 810.02 defines a "remaining in" burglary as "a licensed entry, remaining in a dwelling, structure or conveyance ... [t]o commit or attempt to commit a forcible felony, as defined in s. 776.08." § 810.02(1)(b) 2.c., Fla. Stat. (2016). Burglary is a first-degree felony "if, in the course of committing the offense, the offender ... [m]akes an assault or battery upon any person." § 810.02(2)(a), Fla. Stat. (2016).
Hodge v. Inch
4:21cv107/WS/EMT (N.D. Fla. Nov. 23, 2021)
Motion to dismiss
c. To commit or attempt to commit a forcible felony, as defined in s. 776.08.
PAGE 19
Andrade v. State
328 So. 3d 307 (Fla. Dist. Ct. App. 2021)
§ 948.08(6)(b) 1.– 4., Fla. Stat. (2020). The "pretrial intervention program" statute further provides that, "[f]or purposes of this subsection, the term ‘nonviolent felony’ means a third degree felony violation of chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08." § 948.08(6)(a), Fla. Stat. (2020).
PAGE 309
Cases from cite.case.law:
PICCININI, v. STATE, 275 So. 3d 210 (Fla. App. Ct. 2019)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
L. ROSS, v. CITY OF JACKSONVILLE,, 274 So. 3d 1180 (Fla. App. Ct. 2019)

. . . pursuit reasonably believed the person fleeing had committed a forcible felony as defined in section 776.08 . . . officer reasonably believed the fleeing motorist had committed a forcible felony as defined in section 776.08 . . . "reckless driving" and "fleeing and eluding," neither of which are forcible felonies under section 776.08 . . . We hold therefore that the officer witnessed an aggravated assault, a forcible felony under section 776.08 . . . While aggravated assault is a forcible felony, reckless driving is not. § 776.08, Fla. Stat. . . .
BYRD, v. STATE, 272 So. 3d 1289 (Fla. App. Ct. 2019)

. . . violation of chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08 . . . Because the felony trafficking charge against him is not a "forcible felony as defined in s. 776.08," . . .
BROWN, v. STATE, 260 So. 3d 147 (Fla. 2018)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
JOHNSON Jr. v. STATE, 260 So. 3d 502 (Fla. App. Ct. 2018)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 908 (Fla. 2018)

. . . the defendant acted in response to the imminent commission of a forcible felony, as listed in section 776.08 . . . are made: (1) the language "[or] the imminent commission of (applicable forcible felony listed in § 776.08 . . . ] [herself] [or] [another] [or] [the imminent commission of (applicable forcible felony listed in § 776.08 . . . ] [herself] [or] [another] [or] [the imminent commission of (applicable forcible felony listed in § 776.08 . . . to commit, committing, or escaping after the commission of (applicable forcible felony listed in § 776.08 . . .
IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 925 (Fla. 2018)

. . . Forcible felonies are listed in § 776.08 Fla. Stat. . . .
TAMBRIZ- RAMIREZ, v. STATE, 248 So. 3d 1087 (Fla. 2018)

. . . To commit or attempt to commit a forcible felony, as defined in s. 776.08. § 810.02(1)(b), Fla. . . .
BOOKER, III, v. STATE, 244 So. 3d 1151 (Fla. App. Ct. 2018)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
TAYLOR, v. STATE, 238 So. 3d 896 (Fla. App. Ct. 2018)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
BROWN, v. STATE, 233 So. 3d 1262 (Fla. Dist. Ct. App. 2017)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
UNITED STATES v. VAIL- BAILON,, 868 F.3d 1293 (11th Cir. 2017)

. . . . § 776.08 (defining “forcible felony” to encompass a felony that “involves the use or threat of physical . . .
SECONG, v. STATE, 225 So. 3d 909 (Fla. Dist. Ct. App. 2017)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
POWELL, v. STATE, 223 So. 3d 412 (Fla. Dist. Ct. App. 2017)

. . . 211, 219 (Fla. 2007) ("[Battery on a law enforcement officer] is not a forcible felony under section 776.08 . . . violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08 . . .
JOHNSON, v. STATE, 219 So. 3d 167 (Fla. Dist. Ct. App. 2017)

. . . sentenced for an offense ... which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
WOODS, v. STATE, 214 So. 3d 803 (Fla. Dist. Ct. App. 2017)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
MCCARTHY, v. STATE, 214 So. 3d 790 (Fla. Dist. Ct. App. 2017)

. . . on or after July 1, 2009, which is a third degree felony but not a. forcible felony as defined in s. 776.08 . . .
IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 217 So. 3d 965 (Fla. 2017)

. . . Forcible felonies are listed in § 776.08 Fla. Stat. . . .
J. TERRY, v. STATE, 207 So.3d 1037 (Fla. Dist. Ct. App. 2017)

. . . disputed that Appellant was being sentenced for a non-forcible felony, as that term is defined in section 776.08 . . . Hearns, 961 So.2d 211 (Fla. 2007); §§ 776.08 and 784.03, Fla. Stat. . . .
ORR, v. STATE, 206 So.3d 120 (Fla. Dist. Ct. App. 2016)

. . . violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08 . . . ), a third-degree felony under chapter 810, or a felony that is not a forcible felony under section 776.08 . . . The definition of nonviolent felony excludes offenses that constitute forcible felonies under section 776.08 . . . The list of forcible felonies in section 776.08 includes “any other felony which involves the use or . . .
SIMMONS, Jr. v. STATE, 205 So. 3d 793 (Fla. Dist. Ct. App. 2016)

. . . See §§ 775.084(l)(d)(3), 776.08, Fla. Stat. (2010). . . .
ADAMS, v. STATE, 197 So. 3d 641 (Fla. Dist. Ct. App. 2016)

. . . on or after Julyl, 2009, which is a third degree felony but not a forcible felony' as defined in s. 776.08 . . .
E. COOK, v. STATE, 192 So. 3d 681 (Fla. Dist. Ct. App. 2016)

. . . . § 776.08. . . .
REED, v. STATE, 192 So. 3d 641 (Fla. Dist. Ct. App. 2016)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . . The first subclass consists of offenders convicted of “forcible felonies,” as defined in section 776.08 . . . Section 776.08 lists as “forcible felonies” treason, murder, manslaughter, sexual battery, arson, burglary . . . Section 776.08 then provides a catchall “forcible felony” provision to include “any other felony which . . . of nonstate prison sentencing, just as it specifically excluded forcible felonies defined in section 776.08 . . .
IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 191 So. 3d 411 (Fla. 2016)

. . . to commit, committing, or escaping after the commission of (applicable forcible felony listed in § 776.08 . . . commit, committing, or escaping after the commission of a[n] (applicable forcible felony listed in § 776.08 . . .
RYERSON, v. STATE, 189 So. 3d 1047 (Fla. Dist. Ct. App. 2016)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
RODRIGUEZ- AGUILAR, v. STATE, 198 So. 3d 792 (Fla. Dist. Ct. App. 2016)

. . . after July 1, 2009, which is a third degree felony but not a forcible felony as defined in section] 776.08 . . .
RUDIN, v. STATE, 182 So. 3d 724 (Fla. Dist. Ct. App. 2015)

. . . See § 776.08, Fla. Stat. (20Í4) (designáting aggravated battery as a forcible, felony). . . .
EVANS, v. STATE, 177 So. 3d 1219 (Fla. 2015)

. . . To commit or attempt to commit a forcible felony, as defined in s. 776.08. § 810.02(1)(b), Fla. . . .
In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 176 So. 3d 938 (Fla. 2015)

. . . Forcible felonies are listed in § 776.08 Fla. Stat. Proof of intent. . . .
ARAUZ, v. STATE, 171 So. 3d 160 (Fla. Dist. Ct. App. 2015)

. . . See Sections 776.012 and 776.08, Florida' Statutes (2013) defining sexual battery as a "forcible felony . . .
BRETHERICK, v. STATE, 170 So. 3d 766 (Fla. 2015)

. . . to the level of a forcible felony (Aggravated Assault or False Imprisonment) as defined in section 776.08 . . .
EH, a MOORE HH, a W. v. CITY OF MIRAMAR, a, 111 F. Supp. 3d 1307 (S.D. Fla. 2015)

. . . sustained by a participant during the commission or attempted commission of a forcible felony”; and 776.08 . . .
MURPHY, v. STATE, 161 So. 3d 1282 (Fla. Dist. Ct. App. 2015)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
BRADLEY, v. STATE, 155 So. 3d 1248 (Fla. Dist. Ct. App. 2015)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . . The list of “forcible felonies” in section 776.08, Florida Statutes (2010), does not specifically include . . . supreme court addressed what was a forcible felony under an identical catch-all provision in section 776.08 . . . violent career criminal statute, which requires conviction of a forcible felony as defined by section 776.08 . . . See also Perkins, 576 So.2d at 1313 (quoting § 776.08, Fla. . . .
DRESCH, v. STATE, 150 So. 3d 1199 (Fla. Dist. Ct. App. 2014)

. . . Defendant that the crime of corruption by threat is not a forcible felony within the meaning of section 776.08 . . . Since the crime of corruption by threat is not a forcible felony within the meaning of section 776.08 . . . Section 776.08, Fla. . . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
L. BRYANT, v. STATE, 148 So. 3d 1251 (Fla. 2014)

. . . after July 1, 2009, which is a third degree felony but not a forcible felony as defined in [section] 776.08 . . .
UNITED STATES v. KIRK,, 767 F.3d 1136 (11th Cir. 2014)

. . . To commit or attempt to commit a forcible felony, as defined in s. 776.08. Fla. . . .
ELLIS, v. STATE, 135 So. 3d 478 (Fla. Dist. Ct. App. 2014)

. . . follow that of the catch-all provision included within the definition of “forcible felony” in section 776.08 . . . strict and literal sense required by Florida law, th[e] language [of the catch-all provision of section 776.08 . . . the crime, then the crime is not a forcible felony within the meaning of the final clause of section 776.08 . . . intentionally causing bodily harm, battery is not a forcible felony under the catch-all provision of section 776.08 . . .
P. FISHER, v. STATE, 129 So. 3d 468 (Fla. Dist. Ct. App. 2014)

. . . .; § 776.08, Fla. Stat. (2009). . . .
C. SUTTON, v. STATE, 128 So. 3d 957 (Fla. Dist. Ct. App. 2013)

. . . violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08 . . .
DINKINES, v. STATE, 122 So. 3d 477 (Fla. Dist. Ct. App. 2013)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
M. HEARNS, v. STATE, 117 So. 3d 454 (Fla. Dist. Ct. App. 2013)

. . . court’s reversal of Respondent’s life sentence because BOLEO is not a forcible felony under section 776.08 . . .
T. K. a v. STATE, 125 So. 3d 970 (Fla. Dist. Ct. App. 2013)

. . . counsel that enumerated offenses in recidivist statutes or the definition of “forcible felony” in section 776.08 . . .
PERRY BROWN, v. J. C. PENNEY CORPORATION, INC., 521 F. App'x 922 (11th Cir. 2013)

. . . . § 776.08. Resisting an officer with violence to his or her person, in violation of Fla. . . .
J. TEATER, v. STATE, 117 So. 3d 1157 (Fla. Dist. Ct. App. 2013)

. . . See §§ 775.084(l)(d) 1. a & 776.08, Fla. Stat.; Curi v. . . .
In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 109 So. 3d 721 (Fla. 2013)

. . . Forcible felonies are listed in § 776.08 Fla. Stat. Proof of intent. . . .
BRADLEY, v. STATE, 106 So. 3d 530 (Fla. Dist. Ct. App. 2013)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . . The list of “forcible felonies” in section 776.08, Florida Statutes (2010), does not specifically include . . . supreme court addressed what was a forcible felony under an identical catch-all provision in section 776.08 . . . violent career criminal statute, which requires conviction of a forcible felony as defined by section 776.08 . . . Id.See also Perkins, 576 So.2d at 1313 (quoting § 776.08, Fla. . . .
E. BYNES, v. STATE, 127 So. 3d 556 (Fla. Dist. Ct. App. 2012)

. . . (enumerating qualifying and predicate offenses, including “any forcible felony, as described in s. 776.08 . . . See § 776.08, Fla. Stat. (2002). . . . Section 776.08, Florida Statutes, defines a “forcible felony” as follows: “Forcible felony” means treason . . . the crime, ‘then the crime is not a forcible felony within the meaning of the final clause of section 776.08 . . .
STATE v. WOODEN,, 92 So. 3d 886 (Fla. Dist. Ct. App. 2012)

. . . provision of this section, if a person does not have a prior forcible felony conviction as defined in s. 776.08 . . .
STATE v. HACKLEY,, 95 So. 3d 92 (Fla. 2012)

. . . qualifying offenses, as well as a provision incorporating “[a]ny forcible felony, as described in s. 776.08 . . . Section 776.08 enumerates several forcible felonies and also includes a catch-all provision covering . . . other felony which involves the use or threat of physical force or violence against any individual.” § 776.08 . . . State, 576 So.2d 1310 (Fla.1991), we reasoned that for an offense to be a forcible felony under section 776.08 . . . officer against his will, it is not a forcible felony “as described in the final clause of section 776.08 . . .
L. BRYANT, v. STATE, 93 So. 3d 381 (Fla. Dist. Ct. App. 2012)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
ALEXANDER, v. STATE, 88 So. 3d 417 (Fla. Dist. Ct. App. 2012)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
DUCAS, v. STATE, 84 So. 3d 1212 (Fla. Dist. Ct. App. 2012)

. . . To commit or attempt to commit a forcible felony, as defined in s. 776.08. § 810.02(l)(b)l.-2., Fla. . . .
SMITH, v. STATE, 76 So. 3d 379 (Fla. Dist. Ct. App. 2011)

. . . Although a “forcible felony,” as used in this chapter, includes aggravated battery, see section 776.08 . . .
VANDYKE, v. STATE, 76 So. 3d 1077 (Fla. Dist. Ct. App. 2011)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
GOLDBERG, v. STATE, 76 So. 3d 1072 (Fla. Dist. Ct. App. 2011)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
SANTIAGO, v. STATE, 76 So. 3d 1027 (Fla. Dist. Ct. App. 2011)

. . . Section 776.08, Florida Statutes (1995) defines “forcible felony” by listing a number of offenses (e.g . . . the crime, then the crime is not a forcible felony within the meaning of the final clause of section 776.08 . . . Additionally, the VCC statute provides that “any forcible felony, as described in s. 776.08” is a qualifying . . .
JONES, v. STATE, 71 So. 3d 173 (Fla. Dist. Ct. App. 2011)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
MIAMI- DADE COUNTY, v. RODRIGUEZ,, 67 So. 3d 1213 (Fla. Dist. Ct. App. 2011)

. . . Burglary is a forcible felony, see § 776.08, Fla. . . .
ODEH, v. STATE, 82 So. 3d 915 (Fla. Dist. Ct. App. 2011)

. . . Forcible felonies are listed in § 776.08, Fla. Stat. . . .
BUTLER, v. STATE, 93 So. 3d 328 (Fla. Dist. Ct. App. 2011)

. . . . § 776.08, Fla. Stat. (2002). . . .
McCLOUD, v. STATE, 55 So. 3d 643 (Fla. Dist. Ct. App. 2011)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
KALOGERAS, v. STATE, 58 So. 3d 889 (Fla. Dist. Ct. App. 2011)

. . . whether battery on a law enforcement officer qualified as a “forcible felony,” as defined in section 776.08 . . . battery of a law enforcement officer is not specifically enumerated as a “forcible felony” in section 776.08 . . .
T. HUTTO, v. STATE, 50 So. 3d 85 (Fla. Dist. Ct. App. 2010)

. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
HARRIS, v. STATE, 48 So. 3d 922 (Fla. Dist. Ct. App. 2010)

. . . To commit or attempt to commit a forcible felony, as defined in s.776.08. . . .
WHITTIER, v. CITY OF SUNRISE, a, 395 F. App'x 648 (11th Cir. 2010)

. . . .” § 776.08, Fla. Stat. . . .
DIXON, v. STATE, 41 So. 3d 990 (Fla. Dist. Ct. App. 2010)

. . . crimes identified in section 775.084(l)(d)l., including “[a]ny forcible felony, as described in s. 776.08 . . . Section 776.08 defines a “forcible felony” as, among other things, “home-invasion robbery; robbery; . . . . other felony which involves the use or threat of physical force or violence against any individual.” § 776.08 . . . Second, robbery by sudden snatching is not expressly identified as a “forcible felony” under section 776.08 . . . for the legislature to have particularly listed “home-invasion robbery” and “robbery” under section 776.08 . . .
STATE v. YAQUBIE,, 51 So. 3d 474 (Fla. Dist. Ct. App. 2010)

. . . harm to himself or herself or another or to prevent the imminent commission of a forcible felony”); § 776.08 . . .
CURI, v. STATE, 36 So. 3d 853 (Fla. Dist. Ct. App. 2010)

. . . Stat. (2003); § 776.08, Fla. Stat. (2003); Ubilla v. . . .
HUGHES, v. STATE, 36 So. 3d 816 (Fla. Dist. Ct. App. 2010)

. . . To commit or attempt to commit a forcible felony, as defined in s. 776.08. § 810.02, Fla. . . .
HEARNS, v. STATE, 54 So. 3d 500 (Fla. Dist. Ct. App. 2010)

. . . in this Court because a battery on a law enforcement officer was not a forcible felony under section 776.08 . . .
Al LAMBERTI, v. MESA,, 29 So. 3d 446 (Fla. Dist. Ct. App. 2010)

. . . reasonably believed had perpetrated, or attempted to perpetrate, a forcible felony as defined in s. 776.08 . . .
JOHNSON v. UNITED STATES, 559 U.S. 133 (U.S. 2010)

. . . .” §776.08. . . .
CURTIS DARNELL JOHNSON, v. UNITED STATES, 176 L. Ed. 2d 1 (U.S. 2010)

. . . .” § 776.08. . . .
In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 27 So. 3d 640 (Fla. 2010)

. . . Forcible felonies are listed in § 776.08, Fla. Stat. Aggressor. § 776.04-1, Fla. Stat. . . . Forcible felonies are listed in § 776.08, Fla. Stat. 2. . . . Define applicable forcible felony from list in § 776.08, Fla. . . .
LAMB, a k a v. STATE, 32 So. 3d 117 (Fla. Dist. Ct. App. 2009)

. . . the offense of battery on a law enforcement officer could qualify as a forcible felony under section 776.08 . . . For the purpose of section 776.08, "[fjorcible felony” means treason; murder; manslaughter; sexual battery . . . other felony which involves the use or threat of physical force or violence against any individual. § 776.08 . . .
NEWSOME, v. STATE, 19 So. 3d 1091 (Fla. Dist. Ct. App. 2009)

. . . To commit or attempt to commit a forcible felony, as defined in s. 776.08. § 810.02(l)(b), Fla. . . .
In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND, 22 So. 3d 1 (Fla. 2009)

. . . on or after July 1, 2009, which is a third-degree felony but not a forcible felony as defined in s. 776.08 . . .
NELSON, v. STATE, 16 So. 3d 286 (Fla. Dist. Ct. App. 2009)

. . . violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08 . . .
KIMBLE, v. STATE, 15 So. 3d 905 (Fla. Dist. Ct. App. 2009)

. . . . §§ 784.084(l)(d)l.a., 776.08, Fla. Stat. (2001); Rodriguez v. . . .
In AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE A CRIMINAL PUNISHMENT CODE SCORESHEET, 19 So. 3d 274 (Fla. 2009)

. . . on or after July 1, 2009, which is a third-degree felony but not a forcible felony as defined in s. 776.08 . . .
CITY OF SWEETWATER, v. I. ALVAREZ St., 14 So. 3d 1210 (Fla. Dist. Ct. App. 2009)

. . . reasonably believed had perpetrated, or attempted to perpetrate, a forcible felony as defined in s. 776.08 . . .
ALVARADO, v. STATE, 9 So. 3d 1273 (Fla. Dist. Ct. App. 2009)

. . . sentencing, it had to fall under the catch-all category of “any forcible felony, as described in s. 776.08 . . .
UBILLA, v. STATE, 8 So. 3d 1200 (Fla. Dist. Ct. App. 2009)

. . . Section 776.08, Florida Statutes (1997), provides: 776.08 Forcible felony. — “Forcible felony” means . . . Section 776.08 does not distinguish between burglary of an occupied or unoccupied structure or conveyance . . . The defendant points out that the final portion of section 776.08 refers to “any other felony which involves . . . violation of chapter 790 involving use or possession of a firearm; and a forcible felony under section 776.08 . . . ); § 776.08, Fla. . . .
L. HARRIS, v. STATE, 5 So. 3d 750 (Fla. Dist. Ct. App. 2009)

. . . criminal statute the Hearns court construed applies to any offense defined as a forcible felony by section 776.08 . . . Section 776.08, Florida Statutes (2006), provides: "Forcible felony” means treason; murder; manslaughter . . .
DONALDSON, v. STATE, 1 So. 3d 412 (Fla. Dist. Ct. App. 2009)

. . . See § 776.08, Fla. Stat.; Hearns, 961 So.2d at 217-18; see also Jenkins v. . . .
BRINSON, Jr. v. STATE, 995 So. 2d 1047 (Fla. Dist. Ct. App. 2008)

. . . Stat. (1999) (listing “any forcible felony, as described in s. 776.08” as a qualifying offense for VCC . . . Perkins held that to constitute a “forcible felony” under section 776.08, the statutory elements of the . . .
P. WILDER, v. STATE, 992 So. 2d 912 (Fla. Dist. Ct. App. 2008)

. . . Stat. (2000, 2001, 2004) (stating that a “forcible felony” is subject to VCC sentencing); § 776.08, Fla . . .
BRYANT, v. STATE, 991 So. 2d 999 (Fla. Dist. Ct. App. 2008)

. . . based on a state response which argued that the offense was a forcible felony as described in section 776.08 . . . the crime, ‘then the crime is not a forcible felony within the meaning of the final clause of section 776.08 . . .
R. NELSON, v. STATE, 987 So. 2d 1261 (Fla. Dist. Ct. App. 2008)

. . . the crime, ‘then the crime is not a forcible felony within the meaning of the final clause of section 776.08 . . .
E. GORHAM, v. STATE, 988 So. 2d 152 (Fla. Dist. Ct. App. 2008)

. . . While this court made reference to the definition of “forcible felony” contained in section 776.08, Florida . . . the trial court concluded, that the PRR act applies to all “forcible felonies” as set out in section 776.08 . . . Section 776.08 lists “burglary” as a forcible felony. . . . Clearly, the legislature did not intend the PRR statute to reach all the “forcible felonies” defined in 776.08 . . .
JOHNSON, v. STATE, 985 So. 2d 1215 (Fla. Dist. Ct. App. 2008)

. . . the crime, ‘then the crime is not a forcible felony within the meaning of the final clause of section 776.08 . . .
In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 986 So. 2d 563 (Fla. 2008)

. . . Forcible felonies are listed in § 776.08 Fla. Stat. Proof of intent. . . .
PRO- ART DENTAL LAB, INC. v. V- STRATEGIC GROUP, LLC,, 986 So. 2d 1244 (Fla. 2008)

. . . interpretive significance of the Legislature’s listing of only two types of “battery” under section 776.08 . . .
JONES, v. STATE, 988 So. 2d 1109 (Fla. Dist. Ct. App. 2008)

. . . This Court has repeatedly rejected that argument because section 776.08, Florida Statutes (1999), expressly . . . convictions for any burglary, armed or unarmed, under the definition of “forcible felony” in section 776.08 . . .
THOMAS, v. STATE, 983 So. 2d 746 (Fla. Dist. Ct. App. 2008)

. . . is thrice convicted of certain enumerated felonies or “ ‘[a]ny forcible felony, as described in s. 776.08 . . . Section 776.08 defines “forcible felony” to include certain enumerated offenses and “any other felony . . .
UNITED STATES v. JOHNSON,, 528 F.3d 1318 (11th Cir. 2008)

. . . . §§ 775.084(l)(d), 776.08 (defining forcible felony to include “any other felony which involves the . . .
G. JAMESON, v. STATE, 977 So. 2d 785 (Fla. Dist. Ct. App. 2008)

. . . See §§ 775.082(9)(a), 776.08, Fla. Stat. (2004). . . .
SANTIN, v. STATE, 977 So. 2d 781 (Fla. Dist. Ct. App. 2008)

. . . ... with the intent to commit or attempt to commit a forcible felony as defined in Florida Statutes 776.08 . . .

The 2023 Florida Statutes

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