SUMTER COUNTY SHERIFF'S OFFICE OPERATIONS DIRECTIVE

Policy Number Title

4030.00 Use of Force

Effective Date No Pages Reviewed/Revised

09/24/01 12 06/09/2020
Reference Rescinds
CFA – Chapter 4

Issuing Authority

____________________________
William O. "Bill" Farmer, Jr. - Sheriff

PURPOSE: To establish guidelines and procedures for the use of deadly and non-deadly force by
Deputies authorized to carry weapons in their official capacity.

SCOPE: This order applies to all Deputies authorized to carry weapons and use force.

POLICY: All Deputies will act in good faith when using force and conform to the provisions of
Florida Law and this directive. Deputies may use only the amount of force reasonably necessary to
affect lawful objectives. This applies to both deadly and non-deadly force.

4030.00 GUIDELINES
A. No Deputy will be allowed or put into a position to make an arrest or carry a weapon or firearm
until he or she has:
1. Successfully completed the required law enforcement or correctional state certification
program;
2. Demonstrated proficiency in its use as determined by a qualified instructor and by
achieving minimum scores on the training course;
3. Received training in the laws and agency policy concerning their use and use of force.
4. Received a copy of this directive.

B. Only agency issued or approved weapons, firearms, and ammunition are authorized for on or
off duty use. Nothing in this procedure will restrict an authorized officer from utilizing any readily
available object as a substitute weapon during an emergency.
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C. The Training Section will:

1. Maintain written specifications for all weapons, firearms, and ammunition authorized for
use both off and on duty;
2. Ensure that a qualified weapons instructor reviews, inspects, and approves weapons
and firearms before issuance, or authorizing use. Any weapon or firearm found to be unsafe
or malfunctioning would be removed from service immediately and repaired or replaced by the
Armorer.
D. Verbal commands and warnings will be issued before any force when practicably applicable as
situations allows without giving up tactical advantages.
E. If any Deputy observes an act of excessive force shall immediately take action to intervene
and shall as soon as possible notify a Supervisor of such excessive force.
4030.10 DEADLY FORCE:
A. In accordance with Sumter County Sheriff’s Office operational directives, Deputies shall only use
that degree of force necessary to perform official duties. Deputies are justified in the use of deadly
force, as a last resort when there is reasonable belief that such force is necessary to:
1. Prevent imminent death or great bodily harm to the Deputy or another individual(s).
2. Apprehend the perpetrator of a felony which involved the use or threatened use of deadly
force, and the individual who is sought poses an immediate threat of serious bodily injury or a
threat to life for the officer or another individual(s).
3. When necessarily committed in retaking felons during an arrest who have escaped and who
pose an immediate threat to life or serious bodily injury to the officer or other person(s).
4. Deputies are authorized to use deadly force to prevent the escape of an inmate that is
incarcerated for a felony.
B. Restrictions: Officers will not:
1. Fire warning shots.
2. Discharge a firearm at or from a moving vehicle, except as a last resort under the
following conditions:
a. To prevent death or great bodily harm to the Deputy or another person; and
b. To prevent the escape of a fleeing felon who poses an immediate threat to the life of
the Deputy or another individual(s),

4030.20 NON-DEADLY FORCE:

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A. Deputies will use only the force and weapons necessary to affect lawful objectives and achieve
control when executing their legal authority. Non-deadly force may be used when control cannot be
achieved through verbal commands and there is:
(1) Physical or nonphysical resistance to an arrest.
(2) A threat to life or to the safety of the Deputy or another person, but deadly force would be
inappropriate; or,
(3) A reasonable belief those alternatives have been exhausted, or would be ineffective. The
type and degree of force or weapons used will be based on the facts of each situation
encountered.
B. Oleoresin Capsicum (OC) Spray System: OC spray is an approved restraint devices and
constitutes a use of force by Sheriff’s Office guidelines on non-deadly force
1. Authorized Possession:
a. Deputies must complete the appropriate approved training program prior to
carrying OC.
b. Division Commanders will designate which officers/positions are authorized to
carry OC.
c. Only agency issued OC spray systems may be carried on duty.
2. Discharging OC Spray:
a. Deputies will use OC spray system in the performance of official duties only
under the following conditions:
1) To restrain or immobilize a person, who is about to be taken into custody
that physically resists or demonstrates the intent and capability to physically
resist;
2) To defend the officer, or another person, from the imminent use of
physical force against persons or property;
3) To prevent self-inflicted injury; or
4) To stop an immediate threat from an animal.
b. A verbal warning will be issued to all persons before OC is deployed, unless the
warning would provide a tactical advantage to the person(s) being taken into custody.
c. Bursts of one to two seconds or less, and the fewest number of bursts
necessary, will be used to effect temporary immobilization of the individual being
sprayed. Spraying will be discontinued once compliance is achieved.
3. Confronting Persons Armed with OC Spray:

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a. Deputies should be aware that sprays of OC to the face could be immediately

incapacitating. They should attempt to place themselves at a safe distance from the
individual to avoid being sprayed.
b. Deputies must evaluate all factors to determine the appropriate degree of force to
gain control of the situation, which may include the use of deadly force.
C. Electronic Control Device: The Electronic Control Device is an approved control device and
constitutes a use of force by Sheriff’s Office guidelines on non-deadly force. Electronic Control Device
shall only be deployed for Active Resistance thru Deadly Force Resistance. Refer to the 4030.50
Use Of Force Guidelines/Levels Of Resistance.
1. Authorized Possession: The Electronic Control Device will be issued to authorized
sworn personnel upon successful completion of Electronic Control Device training. Once
issued, deputies will be required to carry the Electronic Control Device while on duty unless
otherwise approved by a supervisor.
2. Discharging Electronic Control Device:
a. Deputies will discharge the Electronic Control Device in the performance of
official duties only under the following conditions.
1) To restrain or immobilize a person, who is about to be taken into custody
that physically resists or demonstrates the intent and capability to physically
resist.
2) To defend the officer, or another person, from the imminent use of
physical force against persons or property.
3) To prevent self-inflicted injury.
b. A verbal warning will be issued to all persons before the Electronic Control Device is
discharged, unless the warning would provide a tactical advantage to the person(s)
being taken into custody.
c. The Electronic Control Device should not be utilized when an offender is threatening
the use of deadly force and has the apparent ability and means to carry out that
threat. Under a threat of deadly force, the Electronic Control Device would not be the
appropriate level of response.
D. Intermediate Weapons: Intermediate weapons provide a method for controlling a subject
when deadly force is not justified and empty hand control techniques are not sufficient to effect
control. When an intermediate weapon is used for control, it should be with the intent to temporarily
disable a subject and never with the intent of creating an injury.
1. Less-lethal munitions: Less-lethal munitions will be used with the intent to
temporarily incapacitate and not to cause serious injury. They provide a method for controlling
subjects where intermediate weapons are ineffective.
E. Delivery systems

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Less-lethal munitions will be delivered with an approved munitions launcher, or designated shotgun
for bean bags.
1. Use: Less-lethal munitions may be used to gain control of a subject demonstrating aggres-
sive or aggravated aggressive physical resistance. These munitions will be considered
incapacitating force.
2. Authorization: Only Deputies, who have received training in, shotgun deployment, are
authorized to use less-lethal munitions. A Deputy with such training may act as the
deployment coordinator and advise an incident commander of all less-lethal options. The
incident commander will make the final determination of the type of munitions to use.
3. Warning: Deputies using less-lethal munitions will give other Deputies a verbal warning
stating the type of munitions being used prior to deployment, when feasible.
4. Notification: The Chief Deputy will be notified through the chain of command when less-
lethal munitions are deployed. Each deployment will be documented on a Use of Force
Report. (The threat to use less-lethal munitions does not require a use of force report.).

4030.30 MEDICAL AID AFTER USE OF FORCE:

In all cases of use of force, the Deputy will obtain or administer first aid as soon as possible.
A. Medical treatment will be summoned immediately when a subject is injured or complains of an
injury following the use of force.
1. When practical, a person that has had force applied in order to facilitate an arrest, should be
permitted to sit upright or stand once the threat is has been resolved.
2. All restrained prisoners will be placed in an upright position once inside the patrol vehicle
and properly secured by the vehicle's seat belt. If the prisoner is unable to maintain their
upright position, then the Deputy will secure them to the seat utilizing the "Hobble" restraint as
they were instructed during training. If the "Hobble" restraint is unable to properly keep them
upright, then an additional Deputy will ride with the restrained prisoner to help them maintain
their upright position.
B. When transportation to a medical facility is required, EMS or SCSO may do so, as circum-
stances dictate, but SCSO personnel will accompany EMS personnel if the subject is under arrest.
C. The arresting Deputy will notify booking personnel when force was used to affect the arrest.
D. Individuals who have been sprayed with OC will be provided with the following relief measures,
after the subject has complied with the Officer:
1. Remove the subject from the exposure area and place him or her in the fresh air.
2. Reassure the subject that the effects of OC are temporary and that the discomfort will
diminish.

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3. Allow the subject to face the wind. If possible, flush the subject's face with water or
apply a wet paper towel to expedite the recovery. .
4. Do not leave a subject unattended until he or she has completely recovered from the
effects of O.C.
5. Obtain medical attention immediately if the subject experiences breathing difficulty,
nausea, or unconsciousness.
6. Obtain medical attention if the normal effects of O.C., i.e., eye/skin irritation,
unsteadiness, disorientation, etc. have not disappeared within forty-five minutes. Evidence of
respiratory distress requires immediate attention of medical personnel.

4030.40 REPORTING AND INVESTIGATING USE OF FORCE INCIDENTS:

A. General: An Offense/Incident Report are is required any time an officer uses force at Passive
Resistance and above, in his or her official capacity. Multiple uses of force by one Deputy will be
documented on a single use of force report when the force occurred during the same incident.
Photos shall be taken of all subjects involved in a use of force action to document all injuries or to
document no injuries. Photos shall be handled in accordance with SCSO policy 2125.00. Specific
examples when an offense report must be completed include the following:
1. Physical weaponless force is used to gain compliance with a lawful order. (Handcuffing
a person who voluntary submits is not considered using force. However, having to physically
force a resisting person’s hands behind his or her back to apply handcuffs is considered using
force.)
2. A firearm is used to gain compliance through the threat of deadly force. (Pointing a
firearm at a person and ordering him or her to exit a vehicle is a threat of deadly force.
However, drawing a firearm without pointing it at the subject is not.)

3. Discharges a firearm for other than training or recreational purposes.

4. Force is applied through the use of lethal and less-lethal weapons.
5. Takes an action that results in, or is alleged to have resulted in, injury or death of
another person.
B. Responsibilities:
1. Non-deadly Force: When an officer uses non-deadly force, or uses a firearm to gain
compliance through the threat of force, the following apply:
A. Deputy:
1) Obtain medical attention for injured persons;
2) Immediately inform the on duty supervisor of the circumstances
surrounding the incident;

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3) Photograph any visible injuries to the suspect at the time medical attention
is administered;
4) Document details in both the offense/incident reports.
5) Complete the Use of Force form and forward it to the appropriate
supervisor.
B. Immediate Supervisor:
1) Confirm that appropriate medical aid has been provided to the Suspect.
2) Respond to the scene and investigate the use of force. This investigation will
be completed and documented with a use of force report and review the body
camera footage prior to the end of shift.
3) Review all reports and related documentation in accordance with report
writing guidelines and for conformance with agency policy on the use of force;
4) Notify appropriate investigative units if further investigation is warranted;
5) Forward a copy of all documentation related to the incident to the Division
Commander.
C. Division Commander:
1) Review the reports to confirm conformance to agency policies;
2) Forward a copy of the packet to the Major. If further investigation is
warranted, the Major will forward the report to the Chief Deputy who will then
forward it to the Sheriff if deemed necessary.
2. Use of Firearms/Deadly Force: After the use of deadly force, or the discharge of a
firearm for other than training or recreational purposes, or when any Deputy’s actions results
in, or is alleged to have resulted in serious injury or death of another person, the following will
apply:
A. Deputy:
1) Obtain medical attention for injured persons;
2) Notify the Communications Division of the incident and location, and
request the appropriate supervisor to respond;
3) Secure the incident scene and summon backup personnel;
4) Remain at the incident scene until the arrival of the appropriate supervisor.
The supervisor has the discretion to instruct the officer to relocate to an alternate
location;
5) When applicable, secure the firearm without unloading it, and turn it over
to Forensic Services Section personnel for processing and evidence submission.
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The agency armorer or range master will respond to inspect the firearm and, if
applicable, will issue a replacement firearm to the officer until the original firearm
is released.
6) The Deputy must report his or her involvement as soon as practical,
utilizing an offence/incident report and the audio recorded verbal statement..
B. Supervisor Responsibilities: The on duty Watch Commander will:
1) Confirm that the appropriate medical aid has been provided to the Suspect.
2) Report to the scene and assume control until/unless relieved by the
appropriate authority;
3) Secure all body cameras from deputies involved;
4) Notify the Watch Commander of the incident, Commander will notify the
Chief Deputy and the Sheriff if warranted.
5) Review reports to ensure that the incident is properly documented and
complete a use of force report.
6) Contact the agency armorer to issue a replacement firearm, unless
circumstances dictate otherwise.
C. The Sheriff may elect to have the Florida Department of Law Enforcement (FDLE) or the
Detective Division conduct the administrative investigation of all incidents involving the use of deadly
force, officers’ actions resulting in death or serious bodily injury, and accidental discharge of a
firearm. The administrative investigation may be conducted at the same time or at the conclusion of
any related criminal investigation.
1) The Detective Division will complete their investigation and forward a
report to the Chief Deputy.
2) The file will be retained by the Executive Assistant.
3. Relief from Duty (non-disciplinary); Mandatory Psychological Evaluation Support:
1. A Deputy involved in a deadly force incident that results in death or serious
physical injury will be removed from line duty immediately and may be placed on paid
administrative leave until completion of the preliminary investigation.
2. The leave is not disciplinary and does not imply that the Deputy has acted
improperly. The Deputy may be assigned to administrative duties, upon approval of the
Sheriff or Chief Deputy.
3. The Deputy(s) directly involved in an incident, where a person has been seriously
injured or killed as a result of the application of deadly force by a Deputy, will undergo a
mandatory Critical Incident Stress Debriefing (CISD) within three days of the incident.
a. The CISD will be with a psychologist selected by the Sheriff.

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b. The appointment will not be related to any investigation of the incident and
nothing discussed in the CISD will be reported to the agency.
c. The psychologist will advise the agency in writing as to whether the
Deputy should return to regular duty.
d. Under Family Medical Leave Act (FMLA), additional time and resources
will be made available to an employee upon request.
4. A Deputy on paid administrative leave will be available for agency interviews and will be
subject to recall.
5. The Chief Deputy is responsible for notifying the Deputy of his or her duty status.

4030.50 USE OF FORCE GUIDELINES / LEVELS OF RESISTANCE:

Guideline Content: The graphic in Annex A depicts the Use of Force Guidelines / Levels of
Resistance approved and accepted by the Florida Department of Law Enforcement (FDLE) and the
State of Florida Criminal Justice Standards and Training Commission (CJSTC). All certified officers
will be made aware of the contents and application of this guideline through in-service training
sessions.

RESISTANCE LEVEL GUIDELINES:

Passive Resistance: The subject verbally and/or physically refuses to comply or respond to an
officer’s lawful direction. He does not attempt to defeat the actions of the officer but forces the officer
to employ physical maneuvers to establish control.
Some examples of passive resistance include the following

 The subject refuses to move at the direction of the officer.

 The subject peacefully protests at a political event in a public location

 The subject refuses to take his hands out of his pockets or from behind his back.

Active Resistance: The subject makes physically evasive movements directed toward the officer.
This may be in the form of bracing, tensing, or attempting to push/pull away from the officer,
preventing the officer from establishing control.
Some examples of active resistance include the following:
The subject physically anchors himself to a person or object to prevent being moved.

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The subject braces or pulls away when the officer grips the subjects arm.
The subject attempts to run when the officer touches or attempts to grab the subject.

Aggressive Resistance: The subject makes overt, hostile, attacking movements that may cause
injury, but are not likely to cause death or great bodily harm to the Officer or others.
Some examples of aggressive resistance include the following:

 The subject balls up his fist and approaches the officer.

 The subject pushes the officer as the officer tries to take the subject into custody.

 The subject grabs any part of the officer's body.

Deadly Force Resistance: The subject makes overt, 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.
Some examples of deadly force resistance include the following:
A subject refuses to drop a knife when ordered to by an officer and moves towards the officer.
A subject shoots or points a gun at an officer or other person.

OFFICER RESPONSE OPTIONS:

Officers should always try to resolve a situation with the least amount of force necessary. Command
presence and verbal communication often will defuse many volatile situations. Sometimes, however,
these are not enough or officers may not have an opportunity to use them. Officers need not apply
force in gradually increasing steps in order to justify physical control or even deadly force. Instead,
officers need to respond with all the force reasonably necessary for the circumstances in each
specific situation.

Passive Control:
Arrival (Presence): The Officer is present on the scene. This includes proper voice and/or other
identification, body language, and awareness by the subject that he is dealing with a Officer.
Interview Stance: The Officer adopts a stance outside his danger zone that provides appropriate
protection and forms the basis of an effective physical response if attacked.
Dialogue: A two-way, controlled, non-emotional communication between the Officer and the
subject, aimed at problem identification and/or resolution.

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Verbal Direction: The Officer tells or commands a subject to engage in, or refrain from, a specific
action or non-action.
Physical Control:
Touch: The Officer employs a soft assisting touch when directing, or a firm, strong touch before
escalating to a higher level of force.
Restraint Devices: Mechanical tools used to restrict a subject's movement and facilitate searching
such as, handcuffs, flex cuffs, leg irons, belly chains, optional nylon restraining devices, etc
Transporters: Techniques used to control and/or move a subject from point A to point B with
minimum effort by the Officer to gain and retain control over the subject.
Takedown: Techniques that redirect a subject to the ground in a controlled manner to limit physical
resistance and to facilitate the application of a restraint device.
Pain Compliance: Techniques that force a subject to comply with an Officer as a result of the Officer
inflicting controlled pain upon specific points in the subject's body, such as pressure point techniques.
Neck restraints (choke holds) are not authorized.
Countermove: Techniques that impede a subject's movement toward an Officer or others such
as blocking, striking, distracting, kicking, parry, dodging, weaving, redirecting or avoiding, followed by
appropriate controlling techniques.
Non-lethal Weapon:
Intermediate Weapons: Impact weapons that are primarily used to control a subject such as a
Taser (per SCSO policy) and K-9. OC spray systems are included in this category as are flashlights
and if justified and without any other option any item which could be used as a weapon of opportunity
Incapacitation: Techniques intended to stun or render a subject temporarily incapacitated,
delivered with or without an impact weapon, such as a strike to a major nerve area. This includes the
use of less-lethal munitions. Neck restraints (choke holds) are not authorized.

Deadly Force:
Techniques that may result in imminent death or serious injury, unconsciousness, or permanent
disfigurement, such as impact weapon strikes to head or the use of a knife or firearm. Deadly force
techniques are a last resort.
The Use of Force Guideline / Levels of Resistance is meant to be used as a guideline for an Officer to
select effective, reasonable, and legal force options in a verbal or physical encounter. As a subject
increases his resistance level from verbal to physical, an Officer may have to increase the level of his
response until the resistance ceases and the Officer can gain control of the subject. As soon as the
point of subject compliance is reached, the Officer must de-escalate his response level to the
minimum force necessary to control the subject.

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An Officer must evaluate many factors when determining the appropriate response to a subject's
resistance. For instance, an unarmed, small-framed juvenile may be displaying Aggressive
resistance, but would probably only require a Passive Resistance response by the average Officer.
On the other hand, an Officer’s response to a large and obviously strong person demonstrating even
mild resistance may be escalated to a relatively high point. It must be remembered that an Officer
need not retreat to control a subject lawfully, but may utilize the amount of force necessary to
accomplish his lawful task. This is not to say that a tactical retreat in the face of overwhelming odds
may not be a wise choice.
Additional factors that must be considered when making use of force decisions include:
SUBJECT FACTORS:
1. Seriousness of crime committed by the subject.
2. Size, age, and weight of the subject.
3. Apparent physical ability of the subject.
4. Number of subjects present who are involved, or who may become involved.
5. Weapons possessed by or available to the subject.
6. Known history of violence by the subject.
7. Presence of innocents or potential victims in the area.
8. Whether the subject can be recaptured later.
9. Whether evidence is likely to be destroyed.
OFFICER FACTORS:
1. Size, physical ability, and defensive tactics expertise of the Officer.
2. Number of Officers present or available.
3. Immediate reactive response to sudden attack.
4. Weapons or restraint devices available to the Officer.
5. Legal requirements.
6. Agency Policy.

END

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