Florida Statutes

Fla. Stat. § 782.071 (2025)

Vehicular homicide.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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782.071 Vehicular homicide.—“Vehicular homicide” is the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

(1) Vehicular homicide is:

(a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

1. At the time of the accident, the person knew, or should have known, that the accident occurred; and

2. The person failed to give information and render aid as required by s. 316.062.

This paragraph does not require that the person knew that the accident resulted in injury or death.

(c) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person has a prior conviction under this section, s. 316.193(3)(c)3., ¹s. 327.35(3)(a)3.c., or s. 782.072.

(2) For purposes of this section, the term “unborn child” has the same meaning as provided in s. 775.021(5).

(3) A right of action for civil damages shall exist under s. 768.19, under all circumstances, for all deaths described in this section.

(4) In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.

History.—s. 16, ch. 74-383; s. 6, ch. 75-298; s. 12, ch. 86-296; s. 14, ch. 96-330; s. 9, ch. 98-417; s. 1, ch. 99-153; s. 2, ch. 2001-147; s. 5, ch. 2014-194; s. 6, ch. 2025-121.

¹Note.—Substituted by the editors for a reference to s. 327.35(3)(c)3., as added by s. 6, ch. 2025-121, to conform to the redesignation of existing subunits in s. 327.35 by s. 6, ch. 2025-197.

Arrestable Offenses under F.S. 782.071

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§782.071(1a)HOMICIDE-NEGLIG MANSL-VEHRENUMBERED. SEE REC # 7831F · 2nd

§782.071(1a)HOMICIDE-NEGLIG MANSL-VEHKILLING OF HUMAN BEING OR UNBORN CHILD W VEHF · 2nd

§782.071(1b)HOMICIDE-NEGLIG MANSL-VEHFAIL TO GIVE INFORMATION AND RENDER AIDF · 1st

§782.071(1c)HOMICIDE-NEGLIG MANSL-VEHKILL PERSON OR UNBORN CHILD W VEH PREV CONVF · 1st

Civil Citations under F.S. 782.071

Driver's license points · R = revocation · S = suspension

§782.071VEHICULAR HOMICIDE [See 322.28(4)]R

Notes of Decisions

Cited in 157 cases (5 in the last 5 years), 1977–2025 · leading case: McCreary v. State, 371 So. 2d 1024 (Fla. 1979).

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McCreary v. State, 371 So. 2d 1024 (Fla. 1979). · cites it 15× “§ 782.071, Fla. Stat. (1975). The evidence showed that McCreary was driving with several companions when he ran a stop sign and struck another vehicle, causing the death of one of the passengers.”

McKnight v. State, 906 So. 2d 368 (Fla. 5th DCA 2005). · cites it 16× “Section 782.071, Florida Statutes (2001), provides: "Vehicular homicide" is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or…”

John Goodman v. State of Florida, 229 So. 3d 366 (Fla. 4th DCA 2017). · cites it 12× “2 In sum, we hold that under the DUI manslaughter and vehicular homicide statutes, the enhancements for failure to render aid and provide information require that the person knew or should have known of the crash or accident, but do not require the State to prove that the…”

McCullough v. State, 230 So. 3d 586 (Fla. 2d DCA 2017). · cites it 14× “1935(3)(b)'s "wanton disregard" language is synonymous with section 782.071(1)'s "reckless operation" language.”

In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). · cites it 6× “Section 782.071, Florida Statutes (2014); defines the offense of Vehicular Homicide, while section 782.”

Wright v. State, 573 So. 2d 998 (Fla. 1st DCA 1991). · cites it 10× “And "vehicular homicide" is defined at section 782.071(1) as occurring when the defendant operates a motor vehicle in a reckless manner which is likely to and does cause death or great bodily harm to another.”

State v. Young, 357 So. 2d 416 (Fla. 2d DCA 1978). · cites it 8× “Upon defendant's motion, the trial court dismissed the amended information with leave to the state to file another information alleging a violation of Section 782.071, Florida Statutes (1975), the vehicular homicide statute.”

Velazquez v. State, 561 So. 2d 347 (Fla. 3d DCA 1990). · cites it 6× “The sole issue presented for review is whether a defendant driver of a motor vehicle who participates in a reckless and illegal "drag race" on a public road may be properly convicted of vehicular homicide [§ 782.071, Fla. Stat. (1987)] for the death of one of the co-participant…”

Martinez v. State, 692 So. 2d 199 (Fla. 3d DCA 1997). · cites it 6× “The death of the victim is an element of the crime of vehicular homicide under section 782.071, Florida Statutes.”

State v. Lebron, 954 So. 2d 52 (Fla. 5th DCA 2007). · cites it 6× “See § 782.071, Fla. Stat. (2003). By definition, the crime cannot be proved without also proving the elements of reckless driving.”

State v. Young, 371 So. 2d 1029 (Fla. 1979). · cites it 7× “The question presented is whether the vehicular homicide statute, section 782.071, Florida Statutes (1975), [1] is the only statute under which a person who negligently causes the death of another by operation of a motor vehicle may be prosecuted or whether that person may be…”

David Lee Huckaba v. State of Florida, 260 So. 3d 377 (Fla. 1st DCA 2018). · cites it 20× “Compare § 782.071, Fla. Stat. (2013) (amended 2014), with § 782.”

Show all 157 citing cases →

— 782.071(1) — 25 cases

John Goodman v. State of Florida, 229 So. 3d 366 (Fla. 4th DCA 2017). “2 In sum, we hold that under the DUI manslaughter and vehicular homicide statutes, the enhancements for failure to render aid and provide information require that the person knew or should have known of the crash or accident, but do not require the State to prove that the…”

Velazquez v. State, 561 So. 2d 347 (Fla. 3d DCA 1990). “The sole issue presented for review is whether a defendant driver of a motor vehicle who participates in a reckless and illegal "drag race" on a public road may be properly convicted of vehicular homicide [§ 782.071, Fla. Stat. (1987)] for the death of one of the co-participant…”

Martinez v. State, 692 So. 2d 199 (Fla. 3d DCA 1997). “The death of the victim is an element of the crime of vehicular homicide under section 782.071, Florida Statutes.”

Werhan v. State, 673 So. 2d 550 (Fla. 1st DCA 1996).

State v. Williams, 776 So. 2d 1066 (Fla. 4th DCA 2001).

— 782.071(1)(A) — 1 case

Alex Garcia v. Daniel Junior, Etc. (Fla. 3d DCA 2021).

— 782.071(1)(a) — 3 cases

McCullough v. State, 230 So. 3d 586 (Fla. 2d DCA 2017). “1935(3)(b)'s "wanton disregard" language is synonymous with section 782.071(1)'s "reckless operation" language.”

State of Florida v. Jose Maisonet-Maldonado (Fla. 2020).

Malik Sands v. Sherea Green, Etc. (Fla. 3d DCA 2024).

— 782.071(1)(b) — 10 cases

McKnight v. State, 906 So. 2d 368 (Fla. 5th DCA 2005). “Section 782.071, Florida Statutes (2001), provides: "Vehicular homicide" is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or…”

In Re Stand. Jury Inst. in Crim. Cases-Report No. 2008-05, 994 So. 2d 1038 (Fla. 2008).

In Re Jury Inst. in Crim. Cases-No. 2006-1, 946 So. 2d 1061 (Fla. 2006).

McCullough v. State, 230 So. 3d 586 (Fla. 2d DCA 2017). “1935(3)(b)'s "wanton disregard" language is synonymous with section 782.071(1)'s "reckless operation" language.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019).

— 782.071(2) — 16 cases

Wright v. State, 573 So. 2d 998 (Fla. 1st DCA 1991). “And "vehicular homicide" is defined at section 782.071(1) as occurring when the defendant operates a motor vehicle in a reckless manner which is likely to and does cause death or great bodily harm to another.”

Sullivan v. State, 562 So. 2d 813 (Fla. 1st DCA 1990).

Pierce v. State, 744 So. 2d 1193 (Fla. 4th DCA 1999).

In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “Section 782.071, Florida Statutes (2014); defines the offense of Vehicular Homicide, while section 782.”

— 782.071(l) — 1 case

McCullough v. State, 230 So. 3d 586 (Fla. 2d DCA 2017). “1935(3)(b)'s "wanton disregard" language is synonymous with section 782.071(1)'s "reckless operation" language.”

— 782.071(l)(a) — 1 case

McCullough v. State, 230 So. 3d 586 (Fla. 2d DCA 2017). “1935(3)(b)'s "wanton disregard" language is synonymous with section 782.071(1)'s "reckless operation" language.”

— 782.071(l)(b) — 4 cases

Haag v. State, 67 So. 3d 351 (Fla. 2d DCA 2011).

McCullough v. State, 230 So. 3d 586 (Fla. 2d DCA 2017). “1935(3)(b)'s "wanton disregard" language is synonymous with section 782.071(1)'s "reckless operation" language.”

Smith v. State, 15 So. 3d 899 (Fla. 4th DCA 2009).

Knowles v. State, 29 So. 3d 466 (Fla. 4th DCA 2010).

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