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The 2025 Florida Statutes
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F.S. 776.085776.085 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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Annotations, Discussions, Cases:
Cases Citing Statute 776.085
Total Results: 8
207 F. Supp. 2d 1371, 2002 WL 1308762
District Court, S.D. Florida | Filed: May 10, 2002 | Docket: 2175001
Cited 5 times | Published
claim is defeated by application of Fla. Stat. § 776.085, which states:
(1) It shall be a defense to any
138 So. 3d 524, 2014 WL 1696187, 2014 Fla. App. LEXIS 6260
District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240701
Cited 3 times | Published
1995) (footnote omitted).
Similarly, under section 776.085 of the Florida Statutes, a person may not be
839 F. Supp. 2d 1309, 2012 U.S. Dist. LEXIS 51639, 2012 WL 899694
District Court, S.D. Florida | Filed: Mar 13, 2012 | Docket: 65978498
Cited 3 times | Published
commission of a forcible felony. See Fla. Stat. § 776.085.
Officers Blanco and Lozano and The City underscore
769 F. Supp. 2d 1372, 2011 WL 198097
District Court, S.D. Florida | Filed: Jan 20, 2011 | Docket: 271198
Cited 1 times | Published
defense made available by Florida Statute § 776.085. Section 776.085 prevents a plaintiff from collecting
947 So. 2d 664, 2007 WL 188659
District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 1720360
Cited 1 times | Published
asserted that Copeland's claims were barred by section 776.085, Florida Statutes (2000). That statute provides
District Court of Appeal of Florida | Filed: Nov 4, 2020 | Docket: 18604170
Published
DCA 2007) (analyzing the
applicability of section 776.085(1), a different but similarly worded statute
975 So. 2d 1266, 2008 Fla. App. LEXIS 3468, 2008 WL 649574
District Court of Appeal of Florida | Filed: Mar 12, 2008 | Docket: 1424680
Published
other hand, the forcible felony defense under section 776.085(1) is both mandatory and quite unqualified
634 So. 2d 178, 1994 Fla. App. LEXIS 1617, 1994 WL 59435
District Court of Appeal of Florida | Filed: Mar 1, 1994 | Docket: 64747111
Published
granted the motion based on its finding that section 776.085, Florida Statutes (1998), creates a defense
