Reference:

Marion County Sheriff’s Office CFA: 4.01M, 4.02M,

Policy #4030.00 4.03M
Subject: Use of Force
Eff. Date Revised Date Review Date FSS 776
02/16/87 11/11/20 10/11/18

ALL AUTHORIZED EMPLOYEES

I. PURPOSE: That all employees remain cognizant of every person’s right to life. Officers shall use
only that degree of force necessary to perform their official duties, and shall not strike or use
physical force against any person except when necessary in the performance of official duties.
II. SCOPE: This policy shall apply to all law enforcement and detention personnel
III. POLICY: Shall address at a minimum, follow current State law. The General Counsel will review the
Directive on Use of Force annually.

IV. PROCEDURE:

4030.00 USE OF FORCE

B. The Florida Department of Law Enforcement Use of Force Guidelines are meant to provide the
framework for making decisions involving the use of force by officers. The Force Guidelines provide a
guideline for an officer to select effective reasonable and legal force options in a verbal or physical
encounter. As a subject increases his/her resistance level from verbal to physical, an officer may have to
increase the level of his/her response until the resistance ceases and the officer is able to gain control of
the subject. As soon as the point of subject compliance is reached, the officer must de-escalate his/her
response level to the minimum force necessary to control the subject.

C. In any case in which use of force results in death or serious bodily injury, the deputy(ies) involved will
be removed from the line of duty and either placed on paid leave or reassigned until an administrative
review is completed and the Sheriff and/or Chief Deputy authorizes return to regular duty.

1. Such review may be a simple review by the employee's immediate supervisor, or as involved as
necessary, depending on the situation.

D. Green Team Reports required by this directive shall be completed by a supervisor that was not involved
in the use of force incident and reviewed by the Watch Commander and Division Commander or Major.
Any concerns that arise with the review shall be reported to the Major. The completed Green Team Report
shall be forwarded to the Office of Professional Standards within 21 days. Any delay must be approved by
the Major, Chief Deputy, or Sheriff.

4030.10 DEFINITIONS

A. Reasonable Belief - When facts or circumstances the officer knows, or reasonably should know, are
such as to cause an ordinary and prudent person to act or think in a similar way under similar
circumstances.
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B. Great Bodily Harm - A bodily injury that creates a substantial risk of death; causes serious, permanent
disfigurement; or results in long-term loss or impairment of the function of any body member or organ.

C.Probable Cause - A level of reasonable belief, based on the apparent and known facts and circumstances
that would lead a reasonable person to believe that a law has been violated.

D. Imminent Danger – Is an impending peril caused by a previously demonstrated threat to or wanton

disregard for human life.

4030.15 AGENCY POLICY ON USE OF FORCE

A. Less Lethal Force- In certain circumstances, an officer may find it necessary to use non-deadly force
in the form of physical restraint, chemical agent, or an impact weapon. Less Lethal Force should only be
used when absolutely necessary and only to the degree needed to overcome resistance, effect a lawful
arrest, or protect the officer or another person from bodily harm. The degree of force used will be
consistent with training and the Force Guidelines.

B. Deadly force is authorized only as necessary to protect the officer, or others, from what is reasonably
believed to be an immediate threat of death or serious bodily harm.

1. Deadly force must be used only as a last resort. Where there are multiple deputies, each deputy
will utilize independent reasoning prior to using deadly force.

a. The use of neck restraints or similar weaponless control techniques with a potential for serious
injury is not an acceptable use of force, unless deadly force is justified.

2. An officer may use deadly force to affect a capture or prevent escape only if the officer reasonably
believes that the subject poses a significant threat of death or serious physical injury to the officer or
others, and there is no other way to prevent the escape.

C. Before being allowed to carry any lethal weapon, and at least annually thereafter, each employee must
receive in-service training on the Agency’s policy and procedures for de-escalation and demonstrate
proficiency with the weapon.

1. This requirement applies to all lethal weapons utilized on and off duty.

D. Before being allowed to carry any less lethal weapon, and at least biennial thereafter, each employee
must receive in-service training on the Agency’s policy and procedures for de-escalation and demonstrate
proficiency with the weapon.

1. This requirement applies to all less lethal weapons utilized on and off duty.

E. After use of any force, the appropriate medical aid will be rendered, through first aid by a deputy on
the scene, and/or, if necessary, by summoning the appropriate medical assistance.

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4030.20 REPORTING INCIDENTS WHEN FORCE IS USED

A. In any case where force is used by Agency personnel in performance of their duties, while on or off
duty, a written report will be submitted by the involved employee(s) immediate supervisor and forwarded
to the Sheriff through the chain of command. Any employee who has reason to believe that an excessive
use of force has occurred is required to report it to their immediate supervisor, unless that supervisor is
involved, and the Office of Professional Standards as soon as practicable. If the employee’s supervisor is
the subject of the excessive use of force, then the employee shall make the report to the next supervisory
level. Any employee who fails to report a suspected use of excessive force shall be subject to discipline up
to and including termination. The reporting employee may remain anonymous using MCSO Form 16-540
to report the incident. This form and the investigation becomes public record once the investigation is
concluded.

1. Force applied in the routine course of duty means that control necessary to restrain and physically
direct an arrestee which does not constitute unusual treatment, such as holding an arrestee's arm.

2. If the use of force was made necessary by resistance without violence and there was no significant
injuries, a copy of the original offense report (Case Report) describing the circumstances and the
force used may fulfill this requirement. All Agency employees involved in the incident shall be noted
in the report.

3. A special Supervisor’s Report generated through Green Team, separate from the original offense
report is required in any of the following circumstances:

a. There was significant injury to any person involved. Significant injury means any injury in which
medical treatment or observation was sought. Injuries shall be photographed and attached to the
Green Team Report in addition to the incident report, if appropriate.

b. The employee's supervisor requests a separate report.

c. There were special circumstances involved, which were not covered in the offense report.

d. At the discretion of the employee involved.

e. Anytime the use of less-lethal weapons/firearms, or munitions, are used on a subject.

4. Anytime a firearm is discharged in the line of duty, a supervisor shall respond to the scene and
complete a Green Team Report.

a. If the firearm discharge is necessary to euthanize an injured animal, the offense report is
sufficient documentation and a Green Team Report is not necessary.

B. A Green Team Report, will be submitted by the investigating supervisor as soon as practicable, but
not to exceed twenty-one (21) days.

C. Each employee involved in an incident resulting in the use of force shall submit a supplemental report
describing his/her involvement in the incident.

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D. Upon notification of an incident involving Agency employee(s) in the use of non-deadly force, the
employee's supervisor shall initiate an investigation of the incident to determine if Agency procedure was
followed.

1. The investigating supervisor shall forward his/her findings to the Sheriff, or his/her designee,
through the chain of command, along with his/her recommendations as to closure or further
investigation and possible disciplinary actions.

2. Each person in the chain of command may make additional comments or recommendations.

3. If any person in the chain of command recommends, and the Sheriff approves, or if the Sheriff
desires further investigation, the case will be submitted to the Office of Professional Standards for
a complete investigation, or to the State Attorney's Office or the Florida Department of Law
Enforcement if possible criminal violations need to be addressed.

E. A written report will be submitted anytime an employee;

1. Discharges a firearm, for other than training or recreational purposes;

2. Takes an action that results in, or is alleged to have resulted in, and injury or death of another person;

a. Any member, whose actions result in death or serious bodily injury is removed from the line of
duty until a preliminary administrative review by the Sheriff and/or Chief Deputy authorizes
return to regular duty.

b. Such review may be a simple review by the employee's immediate supervisor, or as involved as
necessary, depending on the situation.

3. Applies force through the use of lethal or less-lethal weapons; and

4. Any weaponless physical force at a level outlined in the Force Guidelines.

F. An analysis of the Green Team reports shall be conducted annually by the Office of Professional
Standards, to determine if changes in policy and/or procedure would help to preclude or reduce use of
force incidents.

4030.23 FIREARMS DISCHARGE REVIEW BOARD

A. If a firearm is discharged per this directive, except as indicated in 4030.20 (A)(4)(a) or for training
purposes, a minimum of two members from the Office of Professional Standards and the unit commander
will convene and review all pertinent reports as soon as practicable after the conclusion of the
investigation. The employee’s Major and Division Commander Training Director, and Staff Attorney will
be notified of the review and may participate or designate someone to participate, if appropriate. This
review will determine if current rules, policies, and procedures were followed; identify any training gaps;
and make recommendations to the Sheriff for changes in policies and/or procedures, when appropriate.
A copy of the findings will be provided to the Chief Deputy, the Staff Attorney, the Major(s) of the affected
employee(s), the Training Director, and the Research and Planning Director for review.

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4030.25 RESTRAINT DEVICES

A. Deputies should, in most cases, handcuff persons arrested or placed in custody. Deputies may, however,
determine the practicality or necessity of using handcuffs in situations such as transporting young juveniles,
extremely elderly persons, senile or mentally ill persons, or when arresting seriously deformed, injured or ill
persons. It is the deputy’s responsibility to protect him/herself, the public, and persons in custody. The safety
of all concerned should be the deciding factor.

B. The primary purpose in using handcuffs and other restraints is to:

1. Maintain control of the person in custody (arrestee, baker act, etc)

2. Provide safety for the officer, the arrestee, and general public; and

3. Minimize the possibility of the situation escalating.

C. Authorized restraints issued by the Sheriff's Office consist of:

1. Double locking handcuffs;

2. The "Hobble Restraint" device;

3. Flex Cuffs; and

4. Spit Masks.

D. Other types of restraints are authorized for use, however, these devices are utilized primarily by the Court
System, the Marion County Jail, Detention Bureau, and the Department of Corrections. Members may use
these more secure devices to supplement handcuffs if it is determined that handcuffs alone are not sufficient.
These devices include:

1. Leather body straps;

2. Belly chains;

3. Lead chains;

4. Leg braces;

5. Leg irons; or

6. Ankle chains;

E. A subject shall not be secured to a vehicle, except through the use of seat belts or hobble restraint devices
which is to be performed according to the training guidelines.

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F. When handcuffs are utilized, they will be placed on the subject as soon as the subject is under control and
securely locked (double locked) behind the subject’s back with the palms turned outward to minimize the
potential of harm or escape.

G. If a subject is sick, injured, or physically handicapped and handcuffs are impractical due to the
condition of the subject, alternate-restraining devices should be utilized unless the condition of the
subject renders them harmless.

1. Extreme care must be taken to ensure that the use of the restraining devices will not worsen the
condition or injury of the subjects.

2. Anytime a subject becomes sick or injured, their condition must be checked by medical personnel as
soon as it is safe and practical.

H. The subject is in the seated position in a departmental vehicle and placed behind the driver, where the
driver can easily monitor and detect if medical assistance is needed.

I. In the event a subject has been immobilized by utilization of the "Hobble Restraint" and violent behavior
continues (i.e., subjects beating their head on the window or cage) further restraint may be necessary. The
officer shall:

1. Lie the subjects back on the seat (chest up); and

2. Place the seat belt around the upper chest area (passing the seat belt under the subject’s arms).

a. In extreme cases when this system proves to be ineffective and only as a last resort, the leg restraint
(hobble) may be used to join the subject's feet to the handcuff's for a TOTAL APPENDAGE RESTRAINT (T.A.R.).
If this method is used, officers must notify their supervisor.

b. Upon application of this method, the subject will be:

1) Positioned chest-up or on their side, if possible, to alleviate the possibility of the condition known
as POSITIONAL ASPHYXIA occurring, which decreases the subject's ability to obtain oxygen, and

2) Taken immediately to the location where they will be released from the T.A.R. (e.g., MCJ). Upon
arrival at the MCJ, the transporting officer will notify the booking sergeant of the subject’s violent
behavior and to request medical staff be present for evaluation.

3) Officers shall continually monitor any violent subject(s) who has been restrained in this manner
for complaints of pain involving blood flow or breathing. These complaints shall be investigated
promptly and adjustments made if necessary.

J. The spit mask shall be used as a restraint to prevent subjects from spitting on arresting officers.

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4030.30 LESS LETHAL WEAPONS

A. Only personnel who have successfully completed an agency approved training course in the proper use
and deployment of less lethal weapons will be authorized to use them during actual operations. In order to
remain current in the use of these weapons and retain the authorization to deploy them, personnel
authorized in the use of these weapons shall complete a refresher course and demonstrate efficiency
biennially with the exception of Electronic Disabling Devices which will be completed annually. Authorized
less lethal weapons include:

1) O.C. Pepper Spray/Foam

2) Impact Weapons, e.g., expandable baton

3) Electronic Disabling Device, e.g., stun cuff, and handheld stun device.

4. Impact and Chemical Munitions

B. Consistent with training, officers will not intentionally strike anyone with an impact weapon on the head,
neck, or clavicle unless justified in the use of deadly force. The flashlight is not intended to replace the baton
as an impact weapon. Only batons which are authorized for use by deputies employed by the Sheriff’s Office
may be used once they have been properly trained on their usage. If it is necessary to use the flashlight as an
impact weapon, its use will be consistent with training and policy.

C. Deputies will not strike an individual with anything other than an approved impact weapon(s) except in
extreme circumstances, and then deputies must justify their actions. Examples of when Impact Weapons may
be used:

1. Overcome resistance

2. Protect officer and others from bodily harm

3. Prevent the possibility of situation escalating

D. The use of pepper spray/foam shall be left to the discretion of each individual deputy.

1. Pepper spray/foam should only be used when absolutely necessary to overcome the subject’s
resistance and will be consistent with training and the Use of Force Guidelines.

2. Deputies are authorized to use pepper spray/foam in any situation where force is justified in
accordance with Operational Directives 4030 Use of Force and 4031 Weapons-Less Lethal.

3. Decontamination procedures will be followed as outlined in 4030.40

E. The use of any Electronic Disabling Devices shall be in accordance with Use of Force guidelines and
Operational Directive 4034 Use of Electronic Disabling Devices (EDD).

F. Anytime an officer uses a less lethal weapon, a Green Team must be completed.

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4030.35 LESS LETHAL IMPACT/CHEMICAL MUNITIONS

A. The employment and the use of less lethal impact/chemical munitions are aggressive and decisive actions,
which may assist in achieving the goal of protection of life and property and/or restoring order. They may be
considered whenever the use of less lethal options would assist in enabling an arrest, restoring order, and/or
reducing the risk of more serious injury; the purpose of encouraging compliance, overcoming resistance, or
preventing serious injury without a significant likelihood of causing death. Authorized less than lethal
impact/chemical munitions include:

1. Beanbag projectiles

2. Launchable foam, or rubber projectiles, chemical agents and pellets.

B. Use of less lethal impact munitions may occur after other options to control or apprehend a subject have
been exhausted and the subject has resisted at minimum with active physical resistance. Less lethal impact
munitions may be utilized to neutralize a significant immediate threat, which may otherwise justify the use
of deadly force.

C. Less than lethal impact munitions will be authorized by the incident commander on scene.

D. Personnel will not use any other less than lethal impact/chemical munitions other then issued by the
Marion County Sheriff’s Office and will only be used by properly trained personnel.

E. Before any deputy deploys less than lethal impact/chemical munitions, a tactical cover plan should be in
place, to include-cover personnel, apprehension team, and the communication of the plan to the on scene
personnel.

4030.40 DECONTAMINATION PROCEDURES

A. Anytime a person(s) is exposed to a chemical agent, as soon as practical, that person must be:

1. Exposed to fresh air; and

2. Contaminated body areas shall be flushed.

B.A person(s) who has been contaminated by a chemical agent will not be left unattended by Sheriff's Office
personnel throughout the contamination period. During periods of contamination, the contaminated
person(s) will be continuously monitored for valid signs of a medical complaint or the development of medical
problems. If medical problems are detected, medical assistance will be sought immediately.

C. Personnel utilizing chemical agents on a person will notify their immediate supervisors as soon as possible.
All incidents involving exposure to a chemical agent will be documented on an Incident Report and arrest
report, if applicable. A Green Team will be completed by a supervisor.

D. When chemical agents have been used on a person that has been arrested, the details of the
circumstances surrounding the use of the chemical agent(s), including the time of exposure will be reported
to the personnel at the MCJ.

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4030.45 APPLICATION OF K-9

A. The use of a K9 is not generally considered to constitute “deadly force.”

B.The following are examples of K-9 bite situations:

1. When the handler or K-9 is battered

2. When a stopped offender/subject has fled, committed a felony or violent misdemeanor offense, or is
otherwise approved pursuant to this agency’s K9 policy.

3. To prevent injury to a deputy or citizen

4. Under certain circumstances, when the K-9 locates hidden subject(s) and the bite cannot be prevented
by the handler, i.e., spontaneous bite.

4030.50 APPLICATION OF PRECISION IMMOBILIZATION TECHNIQUE (P.I.T.) and STOP STICKS

A. Application of P.I.T. and the utilization of the stop sticks are considered a use of force. When applied
within the training guidelines of the Marion County Sheriff’s Office, the P.I.T. and Stop Sticks are not likely to
cause serious bodily injury or death, and shall be considered less lethal force.

4030.55 USE OF FIREARMS

A. It is the policy of the Marion County Sheriff's Office that sworn personnel, acting in the course of duty,
shall exhaust all other reasonable means of apprehension and control before resorting to the use of
firearms. Deputies shall not unreasonably or unnecessarily endanger themselves or others in applying the
firearms policies to actual situations.

4030.60 LIMITATIONS ON DISCHARGE OR DISPLAY OF FIREARMS

A. Deputies carrying a firearm in their official capacity may discharge it only under the following
circumstances:

1. At an authorized target range for practice, training, or competition purposes;

2. To give alarm or to call assistance for an important purpose when no other means can be used;

3. When the use of deadly force is justified and lawful.

a. A deputy may use or threaten to use force, including deadly force, in accordance with Florida
law, including Chapter 776 of the Florida Statutes. The discharge of a firearm constitutes deadly
force. The use of deadly force may be lawful under the following circumstances:

i. A deputy may use deadly force where a deputy reasonably believes that using deadly
force is necessary to prevent imminent death or great bodily harm to himself or herself

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 or another or to prevent the imminent commission of a forcible felony. Such a deputy
does not have a duty to retreat and has the right to stand his or her ground, provided
the deputy is in a place he or she has a right to be and is not engaged in criminal
activity.

ii. A deputy may use any force:

a. Which he or she reasonably believes necessary to defend himself/herself from

bodily harm while making a lawful arrest;

b. When necessarily used in retaking felons who have escaped;

c. When necessarily used in arresting felons fleeing from justice;

i. Deadly force should only be used to arrest fleeing felons if:

1. The use of force is necessary to prevent the arrest from being
defeated by flight; and
2. When feasible, some warning had been given; and
3. The officer reasonably believes that the fleeing felon poses a
threat of death or serious physical harm to the officer or
others, or that the fleeing felon has committed a crime
involving the infliction or threatened infliction of serious
physical harm to another person.

d. Which he or she reasonably believes is necessary to prevent the escape of an

arrested person from custody;

e. Which he or she reasonably believes is necessary to prevent the escape from

a penal institution of a person the deputy reasonably believes is lawfully
detained in such institution under sentence for an offense or awaiting trial or
commitment for an offense.

B. Should a deputy accidentally or intentionally discharge a weapon for other than training or
recreational purposes, a written report of the incident and all circumstances surrounding the incident
shall be made, including a Green Team Report.

C. Employees of the Marion County Sheriff's Office are not authorized to fire warning shots.

D. The following restrictions apply to the use of deadly force:

1. Moving Vehicles - Firearms shall NOT be discharged from or at a moving vehicle unless the use of deadly
force is justified and lawful, and where:

a. Delaying the discharge of a firearm is expected to result in imminent death or great bodily harm to
persons; or

b. As authorized by a Watch Commander or higher authority.

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E. Deputies will not needlessly place themselves, or remain in situations of great danger and use this as
justification for the use of deadly force; and

F. The use of deadly force is prohibited to prevent the escape of any subject when there is substantial risk
to the safety of innocent bystanders who would be additionally jeopardized by the officer's actions.

4030.65 – DISCHARGE OF A FIREARM WITHOUT RESULTING WOUND, EXCEPT FOR ACCIDENTAL

DISCHARGES

A. The following procedures shall govern incidents where employees of the Agency discharge a firearm
in the line of duty, either offensively or defensively, against a person, where there is not a resulting
gunshot wound. This shall not govern incidents where a firearm is accidentally discharged, which are to
be governed by 4030.60(B).

B. Employees of the agency who discharge a firearm in the line of duty, either offensively or
defensively, against a person, where there is not a resulting gunshot wound, shall:

1. Immediately notify their respective superior

2. Secure the scene and summon sufficient backup personnel
3. Initiate an Incident Report and obtain the names and addresses of all civilian witnesses
and other law enforcement personnel present.

C. The immediate supervisor will:

1. Respond to the scene without undue delay
2. Immediately notify the Patrol Watch Commander
3. Request an Evidence Unit Crime Scene Technician if needed
4. Complete and submit, through the chain of command, a Green Team report,
documenting any action taken and/or comments.

D. The Watch Commander will:

1. Immediately notify the Law Enforcement Major
2. Notify the Professional Standards Commander
3. Notify the Investigations Division Commander
4. Ensure that the employee's immediate supervisor has completed all responsibilities.
5. Review the Green Team Report and document any action taken or make additional
comments.

E. The Law Enforcement Major will:

1. Notify the Sheriff and Chief Deputy
2. Notify the Staff Attorney

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 3. Notify the FOP Representative from the Law Enforcement Bureau, if the incident
involves a law enforcement bureau employee, and/or the FOP Representative from the
Corrections Bureau, if the incident involves a corrections bureau employee.
4. Ensure the Watch Commander has carried out all responsibilities
5. Review the Green Team, comment as appropriate, and forward the report the Office of
Professional Standards.

F. The Investigations Division Commander will:

1. Ensure detective personnel respond, as appropriate
2. Ensure appropriate criminal investigations are conducted.

G. The Professional Standards Commander will decide if additional investigative personnel shall
respond from the Office of Professional Standards.

4030.70 DISCHARGE OF FIREARM RESULTING IN GUNSHOT WOUND; USE OF OTHER WEAPONS OR

FORCE CAUSING SERIOUS INJURY OR DEATH; OR TRAFFIC CRASHES INVOLVING SERIOUS INJURY OR
DEATH.

The following procedures shall govern incidents where (1) An agency employee discharging a firearm
resulting in a gunshot wound or (2) An agency employee using any weapon or force that causes serious
injury or death to any person.

A. Employees of the agency who discharge a firearm that results in a gunshot wound, use any
weapon causing serious injury or death, shall:
1. Immediately notify the appropriate emergency services agency.
2. Immediately notify their respective superior
3. Secure the scene and summon sufficient backup personnel
4. If safe to do so, provide first aid until emergency services personnel arrives
5. Initiate an Incident Report and obtain the names and addresses of all civilian witnesses
and law enforcement personnel present.
B. The immediate supervisor will:
1. Respond to the scene without undue delay.
2. Immediately notify the Patrol Watch Commander
3. Request to have Forensic/Evidence /Crime Scene personnel respond to the scene
of the incident
4. Complete and submit, through the chain of command, the Green Team Report,
documenting recommendations and/or action taken.
C. The Watch Commander will:
1. Notify the Law Enforcement Major
2. Notify the Investigations Division Commander
3. Respond to the scene

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 4. Ensure the employee's immediate supervisor has completed all responsibilities
5. Notify the appropriate Public Information Officer.
D. The Law Enforcement Major will:
1. Notify the Sheriff and Chief Deputy
2. Notify the Staff Attorney
3. Notify the FOP Representative from the Law Enforcement Bureau, if the incident
involves a law enforcement bureau employee, and/or the FOP Representative from the
Corrections Bureau, if the incident involves a corrections bureau employee.
4. Notify the State Attorney’s Office (in cases involving death or as otherwise deemed
necessary)
5. Respond to the scene
6. Ensure the Watch Commander has completed all responsibilities
7. Immediately remove the involved officer from the line of duty, with pay, until a
preliminary administrative review of the officer(s) involved in the incident is completed.
The employee will be provided with a letter advising them of their status. The
administrative review will consist of a preliminary review of the incident by the Law
Enforcement Major, or his/her designee, with a recommendation to the Chief Deputy
and the Sheriff.
8. Consult with the Sheriff, Chief Deputy, Staff Attorney, and Investigations Division as
necessary
E. The Investigations Division Commander will:
1. Assign adequate detective personnel to conduct any appropriate criminal investigations
or assist the Florida Department of Law Enforcement as requested.
2. Notify the Florida Department of Law Enforcement (in cases involving death, discharge
of firearms, or as otherwise deemed necessary)
F. Forensics/Evidence Personnel will:
1. Take custody of the weapon(s) used; and
2. Process the scene at the direction of the Detective supervisor in charge.
G. At the discretion of the Sheriff, the Office of Professional Standards may monitor the
investigation and may conduct an internal investigation to evaluate adherence to established
agency policy in addition to the requirements of 4030.23(A).

4030.75 AGENCY PSYCHIATRIST/ PSYCHOLOGIST

A. Any deputy directly involved in a shooting situation or a situation involving serious injury or death
may be required to receive counseling by an Agency appointed psychiatrist or psychologist.

4030.80 INVESTIGATION OF SHOOTING INCIDENTS OR OTHER SERIOUS INCIDENTS

A. Shooting incidents or other use of weapons, or incidents not resulting in serious injury or death
involving Agency personnel, may cause a full investigation to be conducted by the Investigations Division.

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 1. This investigation may be monitored by or referred to the Florida Department of Law Enforcement,
State Attorney's Office, and/or the Office of Professional Standards of the Agency, as determined
appropriate.

2. The results of any investigation may be presented to the State Attorney's Office for review upon its
completion.

FORCE GUIDELINES

The Force Guidelines provide a framework for making decisions involving the reasonable use of force by
officers.

Subject Resistance Levels

1. Passive resistance - A subject’s verbal and / or physical refusal to comply with an officer’s lawful
direction causing the officer to use physical techniques to establish control.

2. Active resistance - A subject’s use of physically evasive movements directed toward the officer such
as bracing, tensing, pushing, or pulling to prevent the officer from establishing control over the subject.

3. Aggressive resistance - A subject’s attacking movements toward an officer that may cause injury but
are not likely to cause death or great bodily harm to the officer or others.

4. Deadly force resistance - A subject’s hostile, attacking movements with or without a weapon that
create a reasonable perception by the officer that the subject intends to cause and has the capability of
causing death or great bodily harm to the officer or others.
Officer Response Options

Physical control - Achieving compliance or custody through the use of empty-hand or leverage-enhanced
techniques, such as pain compliance, transporters, restraint devices, takedowns, and striking techniques.

Non-lethal weapon (also referred to as Less Lethal Weapons) Use of weapons that are not fundamentally
designed to cause death or great bodily harm. Some examples of non-lethal weapons include electronic
disabling devices (EDD), expandable batons, and chemical agents.

*The use of a K-9 would also be considered a non-lethal use of force. Handlers will exhaust all reasonable
means to apprehend a subject without incurring a dog bite.

Deadly force - Force that is likely to cause death or great bodily harm. Some examples of deadly force
include the use of a firearm, eye gouges, empty-hand strikes to the throat, and impact-weapon strikes to
the neck or head. Deadly force techniques are a last resort.

Factors for deciding the use of deadly force

Officers use three criteria for making deadly force decisions: ability, opportunity, and intent.

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 1. Ability refers to the subject having the means to carry out his or her intent to cause death or great
bodily harm.

2. Opportunity means the subject is capable of carrying out an intention to cause death or great bodily
harm to the officer or others.

3. Intent is a reasonably perceived, imminent threat to an officer or another person based on the
subject’s actions, behaviors, words, or other indicators. It is a perception derived from the totality of
circumstances.

Totality of Circumstances / Situational factors

Totality of circumstances is a term the court uses to refer to all facts and circumstances known to the
officer at the time or reasonably perceived by the officer as the basis for a use of force decision.

Some situational factors that may be considered:

 severity of the crime
 subject is an immediate threat
 subject’s mental or psychiatric history, if known to the officer
 subject’s violent history, if known to the officer
 subject’s combative skills
 subject’s access to weapons
 innocent bystanders who could be harmed
 number of subjects versus number of officers
 duration of confrontation
 subject’s size, age, weight, and physical condition
 officer’s size, age, weight, physical condition, and defensive tactics expertise.

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 Attachment 1
Florida Department of Law Enforcement (FDLE) Use of Force Guidelines

Subject Resistance Situational Factors

Is the subject verbally or physically
resisting my lawful authority? What subject factors influence this situation?
Weapon? Physical size? Demeanor? Others?
Is the subject making attacking
movements that are not likely to cause What officer factors influence this situation?
death or great bodily harm? Training? Experience? Physical size? Others?

Is the subject making attacking What environmental factors influence this

movements that are likely to cause death situation? Weather? Location? Presence of
or great bodily harm? others?

Justification Officer’s Response

Were my actions reasonable based on the

subject’s resistance and the totality of the Can I physically control the subject?
circumstances?
Could I use a non-lethal weapon not meant to
Am I able to articulate the reasons for my cause death or great bodily harm?
actions?

Was I in compliance with constitutional Is deadly force the appropriate option to

and state laws, agency policy, and prevent death or great bodily harm to myself or
training? others?

- END -

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