Tampa, FL asked in Business Law, Civil Litigation and Personal Injury for Florida

Q: Are you allowed to restrain a person that is destroying or vandalizing your property whether it is personal or business?

1 Lawyer Answer

A: In general, yes, assuming that by "restrain" you mean the use of non-deadly force. Florida Statute 776.031 provides, in pertinent part, that

"(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property ...".

But please be aware that use of DEADLY force is not allowed to protect mere property, if you don't reasonably believe that human life is in danger.

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