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Florida Statute 776.07 | Lawyer Caselaw & Research
F.S. 776.07 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 776.07

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 776
JUSTIFIABLE USE OF FORCE
View Entire Chapter
F.S. 776.07
776.07 Use of force to prevent escape.
(1) A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of any force which he or she reasonably believes to be necessary to prevent the escape of the arrested person from custody.
(2) A correctional officer or other law enforcement officer is justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.
History.s. 13, ch. 74-383; s. 7, ch. 95-283; s. 1193, ch. 97-102.

F.S. 776.07 on Google Scholar

F.S. 776.07 on Casetext

Amendments to 776.07


Arrestable Offenses / Crimes under Fla. Stat. 776.07
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.07.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HEILMAN, v. STATE, 135 So. 3d 513 (Fla. Dist. Ct. App. 2014)

. . . However, with the exception of section 776.07(2), Florida Statutes (2011), which only applies to a correctional . . . justification defense for correctional officers, and an exemplar emanates from the provisions of section 776.07 . . . If we apply the Caamano rationale, it would appear that section 776.07(2) is a more specific statute . . . That would essentially mean that the Legislature enacted a useless statute when it wrote section 776.07 . . . did intend that section 776.032 apply to correctional officers with the exception provided in section 776.07 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 27 So. 3d 640 (Fla. 2010)

. . . . § 776.07(1), Fla. Stat. Give if applicable. . . . To prevent escape from penal institution. § 776.07(2), Fla. Stat. Give if applicable. . . .

BUCHANAN, v. STATE, 927 So. 2d 209 (Fla. Dist. Ct. App. 2006)

. . . authorized him to use any force which he deemed reasonable to apprehend Brinson, citing to section 776.07 . . . The statute reads, in pertinent part: 776.07. . . . . § 776.07(1), Fla. Stat. (2005). The trial court properly rejected both arguments as meritless. . . . Next, as for the defendant’s claim that application of the provisions of section 776.07(1) of the Florida . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 869 So. 2d 1205 (Fla. 2004)

. . . the threatened infliction of serious physical harm to another per- To prevent escape from custody § 776.07 . . . To prevent escape from penal institution § 776.07(2), FlaStat. . . .

HERMANSON v. STATE, 570 So. 2d 322 (Fla. Dist. Ct. App. 1990)

. . . .-031); preventing an escape (776.07); justifiable use of deadly force to resist murder or commission . . .

DOUBET D. v. USA FINANCIAL SERVICES, INC. f k a, 714 F. Supp. 980 (C.D. Ill. 1987)

. . . Plaintiffs in the amount of $1,000 on Count I because $1,000 is less than twice the finance charge of $776.07 . . .

THE FLORIDA BAR STANDARD JURY INSTRUCTIONS CRIMINAL CASES, 477 So. 2d 985 (Fla. 1985)

. . . Mad if 1(a)(b) or (c) given To prevent eseape front custody F.S. 776.07(1) Give if applicable To prevent . . . escape from penal institution F.S. 776.07(2) Give if applicable Give if applicable F.S. 776.06(1) F.S . . .

NELSON, a By BOWENS, v. HOWELL,, 455 So. 2d 608 (Fla. Dist. Ct. App. 1984)

. . . We do not agree with the appellee’s argument that § 776.07, Fla.Stat. (1983) provides statutory authority . . .

D. COBB, v. L. WAINWRIGHT,, 666 F.2d 966 (5th Cir. 1982)

. . . . §§ 782.02, 776.05, or 776.07 (1975) nor excusable under Fla.Stat. § 782.-03 (1975). . . . Fla.Stat. § 776.05 (1975), or to prevent the escape of an arrested person from custody, Fla.Stat. § 776.07 . . . Relevant for the purposes of this case are Fla.Stat. §§ 776.05, 776.06, and 776.07. . . . And, Fla.Stat. § 776.07 (1975) specifies the level of force a law enforcement officer or other person . . .

D. COBB, v. STATE, 376 So. 2d 230 (Fla. 1979)

. . . adduced at trial establishes that Eldridge’s killing was justified, pursuant to sections 776.05 and 776.07 . . .

ALBERT FARWELL BEMIS, ALICE B. TAYLOR, AND MAUDE B. PARSONS v. THE UNITED STATES, 64 Ct. Cl. 457 (Ct. Cl. 1928)

. . . . $3,071.07 Normal tax at 2% on $151,553.49, 1916_ 3, 031. 07 Surtax, 1917 income_ 67, 776.07 Total tax . . .