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Florida Statute 776.085 | Lawyer Caselaw & Research
F.S. 776.085 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 776.085

The 2023 Florida Statutes (including Special Session C)

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

F.S. 776.085 on Google Scholar

F.S. 776.085 on Casetext

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 from cite.case.law:

EH, a MOORE HH, a W. v. CITY OF MIRAMAR, a, 111 F. Supp. 3d 1307 (S.D. Fla. 2015)

. . . Oct. 25, 2013) (quoting 776.085 Fla. . . .

PROFESSIONAL ROOFING AND SALES, INC. v. FLEMMINGS,, 138 So. 3d 524 (Fla. Dist. Ct. App. 2014)

. . . Similarly, under section 776.085 of the Florida Statutes, a person may not be held liable for damages . . . or by proof of the commission of such crime or attempted crime by a preponderance of the evidence. § 776.085 . . . finds that a conviction in the criminal action would not form a valid defense under this section. § 776.085 . . .

PERRY BROWN, v. J. C. PENNEY CORPORATION, INC., 521 F. App'x 922 (11th Cir. 2013)

. . . Florida Statute § 776.085 provides a defense to “any action for damages for personal injury ... . . . Stat. § 776.085(1). . . . Stat. § 776.085 for any injuries received after law enforcement arrived on the scene. . . .

GOMEZ, v. LOZANO, 839 F. Supp. 2d 1309 (S.D. Fla. 2012)

. . . . § 776.085. . . . Stat. § 776.085. This argument too is unconvincing. . . .

ROBBINS, v. CITY OF MIAMI BEACH,, 769 F. Supp. 2d 1372 (S.D. Fla. 2011)

. . . Section 776.085 prevents a plaintiff from collecting damages for injuries sustained while he was committing . . . Stat. § 776.085(1). . . . of such crime or attempted crime by a preponderanee of the evidence” to trigger the protection of § 776.085 . . . Thus, based on the undisputed facts it appears the application of § 776.085 simply turns on whether Robbins . . . But on the present record, the police officers’ motion to dismiss based on § 776.085 must be denied. . . .

WHITTIER, v. CITY OF SUNRISE, a, 395 F. App'x 648 (11th Cir. 2010)

. . . See § 776.085(1), Fla. Stat. . . . Section 776.085(1) provides: It shall be a defense to any action for damages for personal injury or wrongful . . .

HETHERLY v. SAWGRASS TAVERN INC., 975 So. 2d 1266 (Fla. Dist. Ct. App. 2008)

. . . On the other hand, the forcible felony defense under section 776.085(1) is both mandatory and quite unqualified . . . become liable for injury or damage caused by or resulting from the intoxication of such minor”). . § 776.085 . . .

B. COPELAND, v. ALBERTSON S INC. CT s, R. J. A. S. L. C., 947 So. 2d 664 (Fla. Dist. Ct. App. 2007)

. . . The defendants acknowledge that they argued that judgment was appropriate under section 776.085. . . . Insofar as the judgment was founded on the section 776.085 defense, it was procedurally defective in . . . See § 776.085(1). . . . Thus, even though Copeland was unaware that the defendants would raise the section 776.085 argument, . . . Therefore, the summary judgment cannot be sustained based on the section 776.085 defense. . . .

FERNANDEZ, v. CITY OF COOPER CITY, a, 207 F. Supp. 2d 1371 (S.D. Fla. 2002)

. . . . § 776.085, which states: (1) It shall be a defense to any . action for damages for ... wrongful death . . .

K. RICHARDS, v. STATE, 643 So. 2d 89 (Fla. Dist. Ct. App. 1994)

. . . In Stalder, the Court upheld the constitutionality of Section 776.085, Florida Statutes (1991), against . . .

GONZALEZ, v. LIBERTY MUTUAL INSURANCE COMPANY, a, 634 So. 2d 178 (Fla. Dist. Ct. App. 1994)

. . . a motion for summary judgment; the trial court granted the motion based on its finding that section 776.085 . . . We hold that the trial court correctly concluded that section 776.085 bars plaintiffs recovery. . . . Section 776.085(1) provides: It shall be a defense to any action for damages for personal injury or wrongful . . .

WISCONSIN v. MITCHELL, 508 U.S. 476 (U.S. 1993)

. . . . §776.085 (1991); Mont. Code Ann. §46-6-222 (1992); Vt. Stat. Ann., Tit. 13, §1455 (Supp. 1992). . . .