784.05
Culpable negligence.
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784.05 Culpable negligence.—
(1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, this subsection does not apply:
(a) If the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a trigger lock;
(b) If the minor obtains the firearm as a result of an unlawful entry by any person;
(c) To injuries resulting from target or sport shooting accidents or hunting accidents; or
(d) To members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.
When any minor child is accidentally shot by another family member, no arrest shall be made pursuant to this subsection prior to 7 days after the date of the shooting. With respect to any parent or guardian of any deceased minor, the investigating officers shall file all findings and evidence with the state attorney’s office with respect to violations of this subsection. The state attorney shall evaluate such evidence and shall take such action as he or she deems appropriate under the circumstances and may file an information against the appropriate parties.
1(4) As used in this act, the term “minor” means any person under the age of 16.
History.—s. 1, ch. 5212, 1903; GS 3229; RGS 5062; CGL 7164; s. 733, ch. 71-136; s. 21, ch. 74-383; s. 11, ch. 75-298; ss. 3, 7, ch. 89-534; s. 1199, ch. 97-102.
Notes of Decisions
Cited in 56
cases (5 in the last 5 years), 1973–2026 · leading case: In Re Standard Instruct. in Cr. Cases No. 2007-10
In Re Standard Instruct. in Cr. Cases No. 2007-10 (2008)
“In Greene , we upheld the constitutionality of the culpable negligence statute, section 784.05, Florida Statutes, stating that "reckless indifference or grossly careless disregard of the safety of others is necessary to prove `culpable negligence.”
Eller v. Shova (1993)
“[2] Article I, section 21, of the Florida Constitution provides in pertinent part: "The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay." [3] Under section 775.082(4)(a) and (b), Florida Statutes…”
Sieniarecki v. State (2000)
“As we recently concluded in upholding Section 784.05, Florida Statutes (1975), the culpable negligence statute, the term "culpable negligence" does not suffer from the constitutional infirmity of vagueness.”
Kama v. State (1987)
“George Kama did not request a jury instruction on culpable negligence, a misdemeanor under section 784.05, Florida Statutes (1985), but even if he had, the uncontroverted evidence in this case would not appear to support such an instruction.”
State v. Greene (1977)
“It charged that through culpable negligence or reckless disregard for the safety of another in discharging a pistol on January 4, 1976, he had injured a person contrary to Section 784.05, Florida Statutes. Greene moved to dismiss the information because it included language…”
Ross v. Baker (1994)
“" For either man to lose the protection of workers' compensation immunity, his conduct must rise to the level of a first-degree *226 misdemeanor.”
Kennedy v. Moree (1995)
“Section 784.05, Florida Statutes (1993), pertains to negligent conduct for which criminal penalties will be imposed.”
Jones v. State (1984)
“With a word of warning in the form of this case, we trust that it will continue to be the pattern in our district.”
Vause v. Bay Medical Center (1996)
“Culpable negligence in a criminal context is condemned in section 784.05(2), Florida Statutes which provides that One, through culpable negligence, who inflicts actual personal injury on another commits a misdemeanor of the first degree punishable by a definite term of…”
Shova v. Eller (1992)
“[13] See § 784.05, Fla. Stat. (1989). This distinction between "inflicting" and "exposing" will apparently require active involvement on the part of the culpably negligent managerial employee that will, for example, make it easier to pursue a claim against a local manager as…”
State v. Joyce (1978)
“[3] As we recently concluded in upholding Section 784.05, Florida Statutes (1975), the culpable negligence statute, the term "culpable negligence" does not suffer from the constitutional infirmity of vagueness.”
Taylor v. State (1981)
“" Because there is a crime of culpable negligence, section 784.05, Florida Statutes (1979), which can be defined as manslaughter without the death (or even without any injury if it is subsection (1) of section 784.”
— 784.05(1) — 8 cases
Azima v. State (1985)
Kish v. State (2014)
Kennedy v. Moree (1995)
“Section 784.05, Florida Statutes (1993), pertains to negligent conduct for which criminal penalties will be imposed.”
Richardson v. State (1990)
— 784.05(2) — 18 cases
Eller v. Shova (1993)
“[2] Article I, section 21, of the Florida Constitution provides in pertinent part: "The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay." [3] Under section 775.082(4)(a) and (b), Florida Statutes…”
Ross v. Baker (1994)
“" For either man to lose the protection of workers' compensation immunity, his conduct must rise to the level of a first-degree *226 misdemeanor.”
Jones v. State (1984)
“With a word of warning in the form of this case, we trust that it will continue to be the pattern in our district.”
Vause v. Bay Medical Center (1996)
“Culpable negligence in a criminal context is condemned in section 784.05(2), Florida Statutes which provides that One, through culpable negligence, who inflicts actual personal injury on another commits a misdemeanor of the first degree punishable by a definite term of…”
Sanders v. State (2005)
— 784.05(3) — 1 case
Tyson v. State (1994)
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