Florida criminal charge
Culpable negligence in Florida
Culpable negligence is a criminal offense under Florida law, defined by Fla. Stat. § 784.05. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 784.05.
What is the penalty for culpable negligence in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Culpable negligence exposing another to injury — A person through culpable negligence exposes another person to personal injury.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Culpable negligence exposing another to injury — A person through culpable negligence exposes another person to personal injury.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Culpable negligence inflicting actual injury — A person through culpable negligence inflicts actual personal injury on another.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Culpable negligence inflicting actual injury — A person through culpable negligence inflicts actual personal injury on another.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Culpable negligence — loaded firearm accessible to minor causing injury or death — A person violates subsection (1) by storing or leaving a loaded firearm within reach or easy access of a minor, and the minor obtains the firearm and uses it to inflict injury or death on himself/herself or another, unless one of the statutory exceptions applies.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Culpable negligence — loaded firearm accessible to minor causing injury or death — A person violates subsection (1) by storing or leaving a loaded firearm within reach or easy access of a minor, and the minor obtains the firearm and uses it to inflict injury or death on himself/herself or another, unless one of the statutory exceptions applies.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is culpable negligence classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Culpable negligence exposing another to injury | Misdemeanor of the Second Degree | A person through culpable negligence exposes another person to personal injury. | Fla. Stat. § 784.05(1) |
| Culpable negligence inflicting actual injury | Misdemeanor of the First Degree | A person through culpable negligence inflicts actual personal injury on another. | Fla. Stat. § 784.05(2) |
| Culpable negligence — loaded firearm accessible to minor causing injury or death | Felony of the Third Degree | A person violates subsection (1) by storing or leaving a loaded firearm within reach or easy access of a minor, and the minor obtains the firearm and uses it to inflict injury or death on himself/herself or another, unless one of the statutory exceptions applies. | Fla. Stat. § 784.05(3) |
Common questions about culpable negligence in Florida
Is culpable negligence a felony or a misdemeanor in Florida?
It depends on the circumstances: culpable negligence ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 784.05.
Culpable negligence exposing another to injury: Misdemeanor of the Second Degree (Fla. Stat. § 784.05(1)) · Culpable negligence inflicting actual injury: Misdemeanor of the First Degree (Fla. Stat. § 784.05(2)) · Culpable negligence — loaded firearm accessible to minor causing injury or death: Felony of the Third Degree (Fla. Stat. § 784.05(3))
What are the penalties for culpable negligence in Florida?
Penalties for culpable negligence in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers culpable negligence?
Culpable negligence is governed by Fla. Stat. § 784.05 (Culpable negligence).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.