Florida Statute 776.085 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

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F.S. 776.085

776.085 Defense to civil action for damages; party convicted of forcible or attempted forcible felony.—

(1) It shall be a defense to any action for damages for personal injury or wrongful death, or for injury to property, that such action arose from injury sustained by a participant during the commission or attempted commission of a forcible felony. The defense authorized by this section shall be established by evidence that the participant has been convicted of such forcible felony or attempted forcible felony, or by proof of the commission of such crime or attempted crime by a preponderance of the evidence.

(2) For the purposes of this section, the term “forcible felony” shall have the same meaning as in s. 776.08.

(3) Any civil action in which the defense recognized by this section is raised shall be stayed by the court on the motion of the civil defendant during the pendency of any criminal action which forms the basis for the defense, unless the court finds that a conviction in the criminal action would not form a valid defense under this section.

(4) In any civil action where a party prevails based on the defense created by this section:

(a) The losing party, if convicted of and incarcerated for the crime or attempted crime, shall, as determined by the court, lose any privileges provided by the correctional facility, including, but not limited to:

1. Canteen purchases;

2. Telephone access;

3. Outdoor exercise;

4. Use of the library; and

5. Visitation.

(b) The court shall award a reasonable attorney’s fee to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney; however, the losing party’s attorney is not personally responsible if he or she has acted in good faith, based on the representations of his or her client. If the losing party is incarcerated for the crime or attempted crime and has insufficient assets to cover payment of the costs of the action and the award of fees pursuant to this paragraph, the party shall, as determined by the court, be required to pay by deduction from any payments the prisoner receives while incarcerated.

(c) If the losing party is incarcerated for the crime or attempted crime, the court shall issue a written order containing its findings and ruling pursuant to paragraphs (a) and (b) and shall direct that a certified copy be forwarded to the appropriate correctional institution or facility.

History.—s. 1, ch. 87-187; s. 72, ch. 96-388.

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Amendments to 776.085

Arrestable Offenses / Crimes under Fla. Stat. 776.085

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.085.

Annotations, Discussions, Cases:

Cases Citing Statute 776.085

Total Results: 5

PRIDE OF ST. LUCIE LODGE 1189, INC. d/b/a TEMPLE 853 v. TEAIRA NICOLE REED

Court: District Court of Appeal of Florida | Date Filed: 2020-11-04

Snippet: 2007) (analyzing the applicability of section 776.085(1), a different but similarly worded statute which

Roofing v. Flemmings

Court: District Court of Appeal of Florida | Date Filed: 2014-04-30

Citation: 138 So. 3d 524, 2014 WL 1696187, 2014 Fla. App. LEXIS 6260

Snippet: 1995) (footnote omitted). Similarly, under section 776.085 of the Florida Statutes, a person may not be held

Hetherly v. Sawgrass Tavern Inc.

Court: District Court of Appeal of Florida | Date Filed: 2008-03-12

Citation: 975 So. 2d 1266, 2008 Fla. App. LEXIS 3468, 2008 WL 649574

Snippet: hand, the forcible felony defense under section 776.085(1) is both mandatory and quite unqualified. It

Copeland v. Albertson's Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-01-26

Citation: 947 So. 2d 664, 2007 WL 188659

Snippet: that Copeland's claims were barred by section 776.085, Florida Statutes (2000). That statute provides

Gonzalez v. Liberty Mutual Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1994-03-01

Citation: 634 So. 2d 178, 1994 Fla. App. LEXIS 1617

Snippet: granted the motion based on its finding that section 776.085, Florida Statutes (1998), creates a defense to