Florida Statutes
Fla. Stat. § 784.05 (2025)
Culpable negligence.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 784.05
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§784.05(1)CRIMES AGAINST PERSONCULPABLE NEGLIGENCE EXPOSURE TO HARM
§784.05(2)CRIMES AGAINST PERSONCULPABLE NEGLIGENCE INFLICT HARM
§784.05(3)CRIMES AGAINST PERSONSTORE LEAVE LOAD FIREARM MINOR ACCES INJ DEATH
Notes of Decisions
Cited in 56
cases (5 in the last 5 years), 1973–2026 · leading case: In Re Stand. Instruct. in Cr. Cases No. 2007-10, 997 So. 2d 403 (Fla. 2008).
In Re Stand. Instruct. in Cr. Cases No. 2007-10, 997 So. 2d 403 (Fla. 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, 630 So. 2d 537 (Fla. 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, 756 So. 2d 68 (Fla. 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, 507 So. 2d 154 (Fla. 1st DCA 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, 348 So. 2d 3 (Fla. 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, 632 So. 2d 224 (Fla. 2d DCA 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, 650 So. 2d 1102 (Fla. 4th DCA 1995). “Section 784.05, Florida Statutes (1993), pertains to negligent conduct for which criminal penalties will be imposed.”
Jones v. State, 449 So. 2d 313 (Fla. 5th DCA 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 Med. Ctr., 687 So. 2d 258 (Fla. 1st DCA 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, 606 So. 2d 400 (Fla. 2d DCA 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, 361 So. 2d 406 (Fla. 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, 401 So. 2d 812 (Fla. 5th DCA 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, 480 So. 2d 184 (Fla. 2d DCA 1985).
Kish v. State, 145 So. 3d 225 (Fla. 1st DCA 2014).
Kennedy v. Moree, 650 So. 2d 1102 (Fla. 4th DCA 1995). “Section 784.05, Florida Statutes (1993), pertains to negligent conduct for which criminal penalties will be imposed.”
A.C., a Juv. v. the State of Florida (Fla. 3d DCA 2025).
Richardson v. State, 564 So. 2d 564 (Fla. 1st DCA 1990).
— 784.05(2) — 18 cases
Eller v. Shova, 630 So. 2d 537 (Fla. 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, 632 So. 2d 224 (Fla. 2d DCA 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, 449 So. 2d 313 (Fla. 5th DCA 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 Med. Ctr., 687 So. 2d 258 (Fla. 1st DCA 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, 912 So. 2d 1286 (Fla. 2d DCA 2005).
— 784.05(3) — 1 case
Tyson v. State, 646 So. 2d 816 (Fla. 1st DCA 1994).
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