Florida Statutes

Fla. Stat. § 776.085 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 15 cases (3 in the last 5 years), 1993–2025 · leading case: Gomez v. Lozano, 839 F. Supp. 2d 1309 (S.D. Fla. 2012).

Sort: Relevance Newest Treatment

Gomez v. Lozano, 839 F. Supp. 2d 1309 (S.D. Fla. 2012). · cites it 4× “See Fla. Stat. § 776.085 . Officers Blanco and Lozano and The City underscore that the “excessive force” test under Florida law sounds eerily similar to the “excessive force” formulation under federal law.”

Copeland v. Albertson's Inc., 947 So. 2d 664 (Fla. 2d DCA 2007). · cites it 14× “*666 In their memorandum in support of summary judgment, the defendants raised a completely different argument: they asserted that Copeland's claims were barred by section 776.085, Florida Statutes (2000).”

Roofing v. Flemmings, 138 So. 3d 524 (Fla. 3d DCA 2014). · cites it 5× “Similarly, under section 776.085 of the Florida Statutes, a person may not be held liable for damages for personal injury or the wrongful death of a person who attempted, or who was attempting, to engage in a forcible felony at the time the injuries were sustained.”

Wisconsin v. Mitchell, 508 U.S. 476 (1993). “1993); Fla. Stat. §776.085 (1991); Mont. Code Ann.”

Tug Valley Pharmacy, LLC v. All Below, 773 S.E.2d 627 (W. Va. 2015). · cites it 2× “”); Fla. Stat. § 776.085 (1996) (“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.”

Perry Brown v. J.C. Penney Corp., Inc., 521 F. App'x 922 (11th Cir. 2013). · cites it 2× “” Fla. Stat. § 776.085 (1). A forcible felony is one that “involves the use or threat of physical force or violence against any individual.”

Fernandez v. City of Cooper City, 207 F. Supp. 2d 1371 (S.D. Fla. 2002). · cites it 2× “The City argues that this claim is defeated by application of Fla. Stat. § 776.085 , which states: (1) It shall be a defense to any .”

Robbins v. City of Miami Beach, 769 F. Supp. 2d 1372 (S.D. Fla. 2011). · cites it 7× “Fla. Stat. § 776.085 (1). Robbins was indeed charged with two forcible felonies in connection with the January 15, 2005 incident (battery against the police and resisting arrest with violence), but adjudication was withheld on both counts.”

Hetherly v. Sawgrass Tavern Inc., 975 So. 2d 1266 (Fla. 4th DCA 2008). · cites it 3× “(2007) ("a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age .”

Gonzalez v. Liberty Mut. Ins. Co., 634 So. 2d 178 (Fla. 3d DCA 1994). · cites it 4× “Valdes filed a motion for summary judgment; the trial court granted the motion based on its finding that section 776.085, Florida Statutes (1998), creates a defense to the wrongful death action because plaintiffs decedent died during the attempted commission of a forcible felony.”

Pride of St. Lucie Lodge 1189, Inc. d/b/a Temple 853 v. Teaira Nicole Reed (Fla. 4th DCA 2020). · cites it 7× “085(1), a different but similarly worded statute which “provides a defense to a civil action for damages based on personal injury if the injury was sustained ‘by a participant during the commission or attempted commission of a forcible felony,’” and concluding “the section…”

Byndom v. Waffle House, Inc. (M.D. Fla. 2025). · cites it 3× “Defendants’ Affirmative Defense Based on § 776.085, Fla. Stat. Defendants argue that Plaintiffis barred from recovery on all of his claims pursuant to section 776.”

Show all 15 citing cases →

— 776.085(1) — 7 cases

Roofing v. Flemmings, 138 So. 3d 524 (Fla. 3d DCA 2014). “Similarly, under section 776.085 of the Florida Statutes, a person may not be held liable for damages for personal injury or the wrongful death of a person who attempted, or who was attempting, to engage in a forcible felony at the time the injuries were sustained.”

Copeland v. Albertson's Inc., 947 So. 2d 664 (Fla. 2d DCA 2007). “*666 In their memorandum in support of summary judgment, the defendants raised a completely different argument: they asserted that Copeland's claims were barred by section 776.085, Florida Statutes (2000).”

Hetherly v. Sawgrass Tavern Inc., 975 So. 2d 1266 (Fla. 4th DCA 2008). “(2007) ("a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age .”

Pride of St. Lucie Lodge 1189, Inc. d/b/a Temple 853 v. Teaira Nicole Reed (Fla. 4th DCA 2020). “085(1), a different but similarly worded statute which “provides a defense to a civil action for damages based on personal injury if the injury was sustained ‘by a participant during the commission or attempted commission of a forcible felony,’” and concluding “the section…”

Gonzalez v. Liberty Mut. Ins. Co., 634 So. 2d 178 (Fla. 3d DCA 1994). “Valdes filed a motion for summary judgment; the trial court granted the motion based on its finding that section 776.085, Florida Statutes (1998), creates a defense to the wrongful death action because plaintiffs decedent died during the attempted commission of a forcible felony.”

— 776.085(3) — 1 case

— 776.085(4) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.