Florida Statute 782.03 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 782
HOMICIDE

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782.03 Excusable homicide.—Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.

History.—s. 6, ch. 1637, 1868; RS 2379; GS 3204; RGS 5034; CGL 7136; s. 1, ch. 75-13.

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Amendments to 782.03

Annotations, Discussions, Cases:

Cases Citing Statute 782.03

Total Results: 63

Rozzelle v. Secretary, Florida Department of Corrections

672 F.3d 1000, 2012 U.S. App. LEXIS 4114, 2012 WL 630204

Court of Appeals for the Eleventh Circuit | Filed: Feb 29, 2012 | Docket: 1903172

Cited 159 times | Published

sudden and sufficient provocation." See Fla. Stat. § 782.03.[4] The jury convicted Rozzelle of second-degree

State v. Smith

573 So. 2d 306, 1990 WL 252114

Supreme Court of Florida | Filed: Dec 20, 1990 | Docket: 132818

Cited 126 times | Published

instruction reads as follows: EXCUSABLE HOMICIDE F.S. 782.03 The killing of a human being is excusable, and

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

committee's recommendation on this subject. Section 782.03, Florida Statutes (1991), reads as follows:

Johnny Lee Futch v. Richard L. Dugger

874 F.2d 1483, 1989 U.S. App. LEXIS 8135, 1989 WL 52954

Court of Appeals for the Eleventh Circuit | Filed: Jun 8, 1989 | Docket: 499914

Cited 50 times | Published

a cruel or unusual manner. Fla.Stat.Ann. § 782.03 (West 1976). The jury was originally instructed

Pena v. State

901 So. 2d 781, 2005 WL 425408

Supreme Court of Florida | Filed: Feb 24, 2005 | Docket: 1666214

Cited 39 times | Published

at the time of the killing. Excusable Homicide § 782.03, Fla. Stat. The killing of a human being is excusable

Reaves v. State

639 So. 2d 1, 1994 WL 113407

Supreme Court of Florida | Filed: Apr 7, 1994 | Docket: 1310511

Cited 36 times | Published

in considering the proper punishment. [7] Section 782.03, Florida Statutes (1991), provides: Excusable

Cobb v. State

376 So. 2d 230

Supreme Court of Florida | Filed: Mar 29, 1979 | Docket: 421576

Cited 27 times | Published

punishable only if not excusable, as provided in section 782.03, Florida Statutes (1975), or if not justifiable

Tipton v. State

97 So. 2d 277

Supreme Court of Florida | Filed: Oct 2, 1957 | Docket: 458403

Cited 27 times | Published

of Section 782.02, justifiable homicide, and Section 782.03, excusable homicide, *282 to which one is lead

Mitchell v. State

698 So. 2d 555, 1997 WL 386112

District Court of Appeal of Florida | Filed: Jul 11, 1997 | Docket: 1524324

Cited 26 times | Published

criminal law for well over a century. See, e.g., § 782.03, Fla. Stat. (1993) (excusable homicide statute

Falco v. State

407 So. 2d 203

Supreme Court of Florida | Filed: Dec 17, 1981 | Docket: 1515369

Cited 21 times | Published

punishable only if not excusable, as provided in section 782.03, Florida Statutes (1975), or if not justifiable

Hall v. State

951 So. 2d 91, 2007 WL 750523

District Court of Appeal of Florida | Filed: Mar 14, 2007 | Docket: 1280533

Cited 18 times | Published

Lynch v. State, 293 So.2d 44, 45 (Fla. 1974)). Section 782.03, Florida Statutes (1999), provides: Homicide

Dunn v. State

454 So. 2d 641

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 64190

Cited 16 times | Published

02 and ch. 776, Fla. Stat.) or excusable (see § 782.03, Fla. Stat.), the presumption of innocence acts

Pena v. State

829 So. 2d 289, 2002 WL 31322780

District Court of Appeal of Florida | Filed: Oct 18, 2002 | Docket: 1454303

Cited 15 times | Published

at the time of the killing. EXCUSABLE HOMICIDE § 782.03, Fla. Stat. The killing of a human being is excusable

Kingery v. State

523 So. 2d 1199, 1988 WL 27734

District Court of Appeal of Florida | Filed: Mar 30, 1988 | Docket: 472660

Cited 14 times | Published

used and not done in a cruel or unusual manner. § 782.03, Fla. Stat. (1985); Young, 509 So.2d at 1340-1341

Bowen v. State

791 So. 2d 44, 2001 WL 630488

District Court of Appeal of Florida | Filed: Jun 8, 2001 | Docket: 22976

Cited 12 times | Published

to or explanation of "excusable homicide." See § 782.03, Fla. Stat. (1997); Fla. Std. Jury Instr. (Crim

Bowen v. State

791 So. 2d 44, 2001 WL 630488

District Court of Appeal of Florida | Filed: Jun 8, 2001 | Docket: 22976

Cited 12 times | Published

to or explanation of "excusable homicide." See § 782.03, Fla. Stat. (1997); Fla. Std. Jury Instr. (Crim

William Reaves v. Secretary, Florida Department of Corrections

717 F.3d 886, 2013 WL 2348894, 2013 U.S. App. LEXIS 10903

Court of Appeals for the Eleventh Circuit | Filed: May 30, 2013 | Docket: 2903095

Cited 11 times | Published

sudden and sufficient provocation.” Fla. Stat. § 782.03. 5 . The trial court found three

In Re Amend. to Standard Jury Inst.

41 So. 3d 853

Supreme Court of Florida | Filed: Apr 8, 2010 | Docket: 1239106

Cited 11 times | Published

"Child" means any person under the age of 18 years. § 782.03, Fla. Stat. "Dangerous weapon" is any weapon that

Lewis v. State

572 So. 2d 908, 1990 WL 191713

Supreme Court of Florida | Filed: Nov 29, 1990 | Docket: 479584

Cited 11 times | Published

definition of excusable homicide which is taken from section 782.03, Florida Statutes (1989): The killing of a

Bowes v. State

500 So. 2d 290, 12 Fla. L. Weekly 48

District Court of Appeal of Florida | Filed: Dec 23, 1986 | Docket: 1689484

Cited 11 times | Published

upon proof of any one of the three criteria in section 782.03, Florida Statutes (1985).[1]See Colon v. State

Palmore v. State

838 So. 2d 1222, 2003 WL 825132

District Court of Appeal of Florida | Filed: Mar 7, 2003 | Docket: 1513730

Cited 10 times | Published

passion" only once. The instruction[1] is based on section 782.03, Florida Statutes, which defines excusable

FINR v. Marshall

943 So. 2d 976

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 1526824

Cited 9 times | Published

the legal categories of excusable homicide, see § 782.03, Fla. Stat. (2003), and justifiable homicide,

State v. Storer

920 So. 2d 754, 2006 WL 305432

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 94771

Cited 9 times | Published

passion, upon sudden and sufficient provocation. See § 782.03, Fla. Stat. (2003). Because this incident occurred

Weir v. State

777 So. 2d 1073, 2001 WL 38007

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 462162

Cited 9 times | Published

used and not done in a cruel or unusual manner. § 782.03, Fla.Stat. (emphasis added) Weir argues that the

Whitehead v. State

245 So. 2d 94

District Court of Appeal of Florida | Filed: Feb 19, 1971 | Docket: 1356345

Cited 9 times | Published

PIERCE, C.J., and LILES, J., concur. NOTES [1] § 782.03, F.S.A. [2] See, Hedges v. State (Fla. 1965)

Villella v. State

833 So. 2d 192, 2002 WL 31777769

District Court of Appeal of Florida | Filed: Dec 13, 2002 | Docket: 1468013

Cited 8 times | Published

upon any sudden and sufficient provocation. See § 782.03, Fla. Stat. (2002); see also Fla. Std. Jury Instr

Maynard v. State

660 So. 2d 293, 1995 WL 443862

District Court of Appeal of Florida | Filed: Jul 28, 1995 | Docket: 1657664

Cited 8 times | Published

homicide as well as a lack of criminal causation. Section 782.03, Florida Statutes (1991), as applied to the

George A. Weidner v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, State of Florida

708 F.2d 614, 1983 U.S. App. LEXIS 26378

Court of Appeals for the Eleventh Circuit | Filed: Jun 27, 1983 | Docket: 723681

Cited 8 times | Published

excusable homicide was precluded by Florida Statute § 782.03 which defines excusable homicide as homicide “without

Hamilton v. State

152 So. 2d 793

District Court of Appeal of Florida | Filed: Jan 18, 1963 | Docket: 1185636

Cited 8 times | Published

excusable homicide or murder as prescribed by section 782.03, Florida Statutes, F.S.A. The provision contended

Dominique v. State

435 So. 2d 974

District Court of Appeal of Florida | Filed: Aug 9, 1983 | Docket: 1328870

Cited 7 times | Published

reasonable doubt. Homicide is excusable according to section 782.03, Florida Statutes (1981), when committed by

Barkley v. State

10 So. 2d 922, 152 Fla. 147, 1942 Fla. LEXIS 723

Supreme Court of Florida | Filed: Dec 22, 1942 | Docket: 3274880

Cited 7 times | Published

comparison of it with Section 7136, C.G.L., 1927, Section 782.03, Florida Statutes, 1941), defining "excusable

Sarduy v. State

540 So. 2d 203, 1989 WL 24040

District Court of Appeal of Florida | Filed: Mar 21, 1989 | Docket: 1688974

Cited 6 times | Published

used and not done in a cruel or unusual manner." § 782.03, Fla. Stat. (1987). [2] During its deliberations

Aiken v. State

425 So. 2d 641

District Court of Appeal of Florida | Filed: Jan 25, 1983 | Docket: 1181703

Cited 6 times | Published

of Section 782.02, justifiable homicide, and Section 782.03, excusable homicide, to which one is lead by

Congleton v. Sansom

664 So. 2d 276, 20 Fla. L. Weekly Fed. D 2528

District Court of Appeal of Florida | Filed: Nov 16, 1995 | Docket: 1229762

Cited 5 times | Published

(1980). Accidental killings may be excusable. § 782.03, Fla. Stat. (1993). On the other hand, an individual

State v. Perkins

558 So. 2d 537, 1990 WL 41210

District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 1726340

Cited 5 times | Published

trafficking, pleaded the defense of excusable homicide, § 782.03, Fla. Stat. (1985). Second, and more importantly

Rodriguez v. State

443 So. 2d 286

District Court of Appeal of Florida | Filed: Dec 22, 1983 | Docket: 371820

Cited 5 times | Published

killing in most circumstances is excusable homicide. § 782.03, Fla. Stat. (1981). [6] If an accidental death

Colon v. State

430 So. 2d 965

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 445940

Cited 5 times | Published

fifteen years in prison. This appeal ensued. Section 782.03, Florida Statutes (1981), defines excusable

In re Amendments to Standard Jury Instructions in Criminal Cases—Instruction 7.7

75 So. 3d 210, 2011 WL 4835655

Supreme Court of Florida | Filed: Oct 13, 2011 | Docket: 60303663

Cited 4 times | Published

killing is not done in a cruel or unusual manner. § 782.03, Fla. Stat. Give only if 2a alleged and proved

Scott v. State

207 So. 2d 493

District Court of Appeal of Florida | Filed: Feb 28, 1968 | Docket: 463319

Cited 4 times | Published

to the instructions on excusable homicide, F.S. § 782.03, F.S.A. provides that "Homicide is excusable

In re Amendments To Standard Jury Instructions in Criminal Cases—Instruction 7.7.

41 So. 3d 853, 35 Fla. L. Weekly Supp. 209, 2010 Fla. LEXIS 476, 2010 WL 1372703

Supreme Court of Florida | Filed: Apr 8, 2010 | Docket: 60295243

Cited 3 times | Published

“Child” means any person under the age of 18 years. § 782.03, Fla. Stat. “Dangerous weapon” is any weapon that

Walters v. American Coach Lines of Miami, Inc.

569 F. Supp. 2d 1270, 14 Wage & Hour Cas.2d (BNA) 82, 2008 U.S. Dist. LEXIS 60757, 2008 WL 2967170

District Court, S.D. Florida | Filed: Jul 29, 2008 | Docket: 1058001

Cited 3 times | Published

meaning of [the Motor Carrier Act]." 29 C.F.R. § 782.3(b). [13] Plaintiffs urge the Court to follow the

Alvarado v. I.G.W.T. Delivery Systems, Inc.

410 F. Supp. 2d 1272, 2006 U.S. Dist. LEXIS 2585, 2006 WL 122196

District Court, S.D. Florida | Filed: Jan 17, 2006 | Docket: 2216880

Cited 3 times | Published

in interstate commerce. Under Title 29, C.F.R. § 782.3(a), a driver is defined as "an individual who drives

Valencia v. State

597 So. 2d 372, 1992 WL 73761

District Court of Appeal of Florida | Filed: Apr 14, 1992 | Docket: 2531385

Cited 3 times | Published

homicide upon a sudden combat as defined by Section 782.03, Florida Statutes (1989). To the contrary,

Garcia v. State

535 So. 2d 290, 1988 WL 107045

District Court of Appeal of Florida | Filed: Dec 27, 1988 | Docket: 1306007

Cited 3 times | Published

for an instruction on excusable homicide, see § 782.03, Fla. Stat. (1985), was, at best, tenuous, both

Parker v. State

495 So. 2d 1204, 11 Fla. L. Weekly 2072

District Court of Appeal of Florida | Filed: Sep 30, 1986 | Docket: 1758949

Cited 3 times | Published

instruction should have clearly stated that section 782.03, Florida Statutes (1983),[2] permits a defendant

JJW v. State

892 So. 2d 1189, 2005 WL 264115

District Court of Appeal of Florida | Filed: Feb 4, 2005 | Docket: 472011

Cited 2 times | Published

used and not done in a cruel or unusual manner. § 782.03, Fla. Stat. (emphasis supplied). J.J.W. argues

State v. Ashley

670 So. 2d 1087, 1996 WL 124657

District Court of Appeal of Florida | Filed: Mar 22, 1996 | Docket: 1671486

Cited 2 times | Published

Florida Statutes; b. excusable homicide under section 782.03, Florida Statutes (1993) (accident); c. murder

Berry v. State

547 So. 2d 969, 1989 WL 81722

District Court of Appeal of Florida | Filed: Jul 25, 1989 | Docket: 1474502

Cited 2 times | Published

in Criminal Cases, 1981 Edition, 76). [3] Section 782.03, Florida Statutes (1987), defines excusable

Lacy v. State

387 So. 2d 561

District Court of Appeal of Florida | Filed: Aug 20, 1980 | Docket: 1706086

Cited 2 times | Published

statute upon which appellant's defense rested, Section 782.03, Florida Statutes (1979), provides: Homicide

Hoffert v. State

559 So. 2d 1246, 1990 WL 41534

District Court of Appeal of Florida | Filed: Apr 11, 1990 | Docket: 1751701

Cited 1 times | Published

upon proof of any one of the three criteria in section 782.03, Florida Statutes (1985). See Colon v. State

Hammonds v. State

548 So. 2d 909, 1989 WL 112263

District Court of Appeal of Florida | Filed: Sep 21, 1989 | Docket: 1333303

Cited 1 times | Published

language of the excusable homicide statute, section 782.03, Florida Statutes (1987), and the Standard

United States v. Gretchen Buselli

Court of Appeals for the Eleventh Circuit | Filed: Jul 11, 2024 | Docket: 68305355

Published

Argued: Mar 6, 2024

Std. Jury Instr. (Crim) 7.1; Fla. Stat. § 782.03. There was no evidence presented

Pablo Guzman v. Secretary, Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jul 14, 2023 | Docket: 66756757

Published

Argued: Jan 24, 2023

dangerous weapon being used.” Fla. Stat. § 782.03. When Guzman’s counsel asked for an instruction

JAMES MICHAEL BRADY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 22, 2019 | Docket: 16503205

Published

neither justifiable nor excusable. Section 782.03, Florida Statutes (2015), defines excusable

In Re: Standard Jury Instructions in Criminal Cases—report 2016-01

213 So. 3d 680

Supreme Court of Florida | Filed: Mar 9, 2017 | Docket: 4615973

Published

not-done in a e-ruel er-unusual manner. § 782.03, Fla. Stat. Give only if 2a alleged and

Campbell v. State

143 So. 3d 992, 2014 WL 3511138, 2014 Fla. App. LEXIS 10901

District Court of Appeal of Florida | Filed: Jul 16, 2014 | Docket: 433710

Published

of the killing. EXCUSABLE HOMICIDE F.S. 782.03 The killing of a human being is excusable

Roger Allen Rozzelle v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Feb 29, 2012 | Docket: 2905111

Published

sudden and sufficient provocation.” See Fla. Stat. § 782.03.4 The jury convicted Rozzelle of second-degree

Jenkins v. State

990 So. 2d 702, 2008 WL 4330272

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1687928

Published

instruction for excusable homicide, which is based on section 782.03, Florida Statutes, is contained in Florida

Thompson v. State

944 So. 2d 546, 2006 WL 3780742

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1649929

Published

" so that the homicide was excusable under section 782.03, Florida Statutes (2004). Appellant did not

J.J.W. v. State

892 So. 2d 1189, 2005 Fla. App. LEXIS 1042

District Court of Appeal of Florida | Filed: Feb 4, 2005 | Docket: 64835850

Published

used and not done in a cruel or unusual manner. § 782.03, Fla. Stat. (emphasis supplied). J.J.W. argues

Radillo v. State

582 So. 2d 634, 1991 Fla. App. LEXIS 373, 1991 WL 4327

District Court of Appeal of Florida | Filed: Jan 22, 1991 | Docket: 64660127

Published

homicide was excusable within the meaning of section 782.03, Flor*636ida Statutes (1987). Relying on Bowes

Perry v. State

366 So. 2d 776, 1978 Fla. App. LEXIS 16877

District Court of Appeal of Florida | Filed: Dec 13, 1978 | Docket: 64568180

Published

be sent back for a new trial. . See § 782.03. . See § 782.03 and § 782.07, Fla.Stat. (1977) and Fla

Martin v. State

294 So. 2d 414

District Court of Appeal of Florida | Filed: May 17, 1974 | Docket: 40057

Published

but failed to define excusable homicide (F.S. Section 782.03, F.S.A.), and refused to repeat a substitute

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 782 in the context of wrongful death claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.