Fla. Stat. 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: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;If the minor obtains the firearm as a result of an unlawful entry by any person;To injuries resulting from target or sport shooting accidents or hunting accidents; orTo 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.

(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.

1(4)

As used in this act, the term “minor” means any person under the age of 16.

Source: Section 784.05 — Culpable negligence, https://www.­flsenate.­gov/Laws/Statutes/2024/0784.­05 (accessed Aug. 7, 2025).

784.03
Battery
784.05
Culpable negligence
784.07
Assault or battery of law enforcement officers and other specified personnel
784.08
Assault or battery on persons 65 years of age or older
784.011
Assault
784.021
Aggravated assault
784.031
Battery by strangulation
784.041
Felony battery
784.045
Aggravated battery
784.046
Action by victim of repeat violence, sexual violence, or dating violence for protective injunction
784.047
Penalties for violating protective injunction against violators
784.048
Stalking
784.049
Sexual cyberharassment
784.062
Misuse of laser lighting devices
784.071
Assault or battery on a law enforcement officer
784.074
Assault or battery on sexually violent predators detention or commitment facility staff
784.075
Battery on detention or commitment facility staff or a juvenile probation officer
784.076
Battery on health services personnel
784.078
Battery of facility employee by throwing, tossing, or expelling certain fluids or materials
784.081
Assault or battery on specified officials or employees
784.082
Assault or battery by a person who is being detained in a prison, jail, or other detention facility upon visitor or other detainee
784.083
Assault or battery on code inspectors
784.085
Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials
784.086
Reproductive battery
784.0485
Stalking
784.0487
Violation of an injunction for protection against stalking or cyberstalking
784.0493
Harassment or intimidation based on religious or ethnic heritage
784.0495
Mob intimidation

Current through Fall 2025

§ 784.05. Culpable negligence's source at flsenate​.gov