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Florida Statute 776.06 - Full Text and Legal Analysis
Florida Statute 776.06 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 776.06 Case Law from Google Scholar Google Search for Amendments to 776.06

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 776
JUSTIFIABLE USE OF FORCE
View Entire Chapter
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 CourtListener

Amendments to 776.06


Annotations, Discussions, Cases:

Cases Citing Statute 776.06

Total Results: 16  |  Sort by: Relevance  |  Newest First

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Ramon A. Mercado v. City of Orlando, 407 F.3d 1152 (11th Cir. 2005).

Cited 341 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 7444, 2005 WL 994816

...death or great bodily harm,” but 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.’” Fla. Stat. § 776.06....
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The Florida Bar Re: Stand. Jury Instructions Crim. Cases, 477 So. 2d 985 (Fla. 1985).

Cited 72 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 557, 1985 Fla. LEXIS 3922

...lieves to be necessary institution to prevent an escape from a penal F.S. 776.07(2) institution of a person the officer Give if reasonably believes is lawfully detained. applicable Give if "Deadly force" includes, but is not limited to: applicable F.S. 776.06(1) 1. Firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and F.S. 776.06(2) 2....
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Garramone v. State, 636 So. 2d 869 (Fla. 4th DCA 1994).

Cited 20 times | Published | Florida 4th District Court of Appeal | 1994 WL 178067

...However, it is the nature of the force and not the end result that must be evaluated. Deadly force occurs where the natural, probable and foreseeable consequences of the defendant's acts are death. By statute, deadly force is defined as force likely to cause death or great bodily harm. See § 776.06, Fla....
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Redondo v. State, 380 So. 2d 1107 (Fla. 3d DCA 1980).

Cited 16 times | Published | Florida 3rd District Court of Appeal

...The defendant appeals the conviction of simple battery. The state cross-appeals the *1110 arrest of judgment on the firearm conviction. II It is the established law of this state that a person may use deadly force [i.e., "force which is likely to cause death or great bodily harm," § 776.06, Fla....
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Deluge v. State, 710 So. 2d 83 (Fla. 5th DCA 1998).

Cited 11 times | Published | Florida 5th District Court of Appeal | 1998 WL 166551

...Nondeadly force may be used whenever and to the extent a person reasonably believes that the use of force is necessary to defend himself or another against such imminent use of unlawful force. Id. [1] "Deadly force" is defined by statute as force likely to cause death or great bodily harm. § 776.06, Fla....
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Toledo v. State, 452 So. 2d 661 (Fla. 3d DCA 1984).

Cited 10 times | Published | Florida 3rd District Court of Appeal

...fendant used deadly force and there was no evidence to suggest that he was being threatened with imminent death, great bodily harm, or the imminent commission of a forcible felony. But display of a deadly weapon without more is not deadly force. See § 776.06, Fla....
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In Re Stand. Jury Instructions in Crim. Cases-Report No. 2009-01, 27 So. 3d 640 (Fla. 2010).

Cited 9 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 1, 2010 Fla. LEXIS 2, 2010 WL 26546

...er reasonably believes is lawfully detained. Give if applicable. "Deadly force" includes, but is not limited to 1. firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and § 776.06(1)(a), Fla. Stat. 2. firing a firearm at a vehicle in which the person to be arrested is riding. § 776.06(1)(b), Fla....
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Cruz v. State, 971 So. 2d 178 (Fla. 5th DCA 2007).

Cited 8 times | Published | Florida 5th District Court of Appeal | 2007 WL 4547445

...ne's self or another against the imminent use of unlawful force. § 776.012, Fla. Stat. (2004); see also DeLuge v. State, 710 So.2d 83, 84 (Fla. 5th DCA 1998). "Deadly force" is defined by statute as force likely to cause death or great bodily harm. § 776.06(1), Fla....
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Waldo v. State, 728 So. 2d 280 (Fla. 3d DCA 1999).

Cited 7 times | Published | Florida 3rd District Court of Appeal | 1999 WL 68541

...The defendant argues that a knife is not necessarily a deadly weapon, and thus, the jury should have been permitted to determine whether the force used was deadly or non-deadly. "Deadly force" is defined by statute as force likely to cause death or great bodily harm. See § 776.06 Fla....
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Brown v. State, 113 So. 3d 103 (Fla. 5th DCA 2013).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2013 Fla. App. LEXIS 7965, 2013 WL 2117306

...Under these circumstances, Brown was entitled to the non-deadly force instruction as it related to the boyfriend’s actions taken on the girlfriend’s behalf. REVERSED AND REMANDED GRIFFIN and BERGER, JJ„ concur. . "Deadly force” is defined as force likely to cause death or great bodily harm. § 776.06(1), Fla....
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Albuguergue v. State, 700 So. 2d 464 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 11890, 1997 WL 656317

...The trial court denied appellant’s request for a jury instruction on the justifiable use of non-deadly force. See Fla. Std. Jury Instr. *465 (Crim.) [pi 44]. The court instructed the jury only on justifiable use of deadly force. Deadly force is defined by statute as force likely to cause death or great bodily harm. § 776.06, Fla....
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Shane Scott Hart v. State of Florida, 247 So. 3d 556 (Fla. 4th DCA 2018).

Published | Florida 4th District Court of Appeal

...Deadly force occurs where the natural, probable and foreseeable consequences of the defendant’s acts are death. By statute, deadly force is defined as force likely to cause death or great bodily harm.” Garramone v. State, 636 So. 2d 869, 871 (Fla. 4th DCA 1994) (citing § 776.06, Fla....
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Stand. Jury Instructions in Crim. Cases (2003-1), 869 So. 2d 1205 (Fla. 2004).

Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 111, 2004 Fla. LEXIS 417, 2004 WL 524907

...reasonably believes is lawfully detained. Give if applicable “Deadly force” includes, but is not limited to 1. firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and § 776.06(1)(a), FlaStat. 2. firing a firearm at a vehicle in which the person to be arrested is riding. § 776.06(l)(b), FlaStat....
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Keith v. State, 614 So. 2d 560 (Fla. 3d DCA 1993).

Published | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 1521, 1993 WL 30645

...Our review of the record in this case reveals that the appellant was charged with and found guilty of aggravated battery, which occurs when a person “[ijntentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement.” § 784.045(l)(a)(l), Florida Statutes (1991). Section 776.06, Florida Statutes (1991), includes “force which is likely to cause ......
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State of Florida v. Peter Peraza, 226 So. 3d 937 (Fla. 4th DCA 2017).

Published | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 12472, 2017 WL 3730352

§ 776.032(1), Fla. Stat. (2013). Section 776.06(1) provided, in pertinent part: . A law
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Ago (Fla. Att'y Gen. 1976).

Published | Florida Attorney General Reports

...He is justified in the use of any force which he reasonably believes to be necessary to defend himself or another from bodily harm while making the arrest or when necessarily committed in retaking felons who have escaped or when necessarily committed in arresting felons fleeing from justice. Section 776.06 , F....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.