Florida Manslaughter Laws: DUI Manslaughter, Vehicular Homicide (2026)

Florida has one offense named manslaughter. Under Fla. Stat. 782.07(1), it is the killing of a human being by the act, procurement or culpable negligence of another, without lawful justification under chapter 776, in a case where the killing is not excusable homicide or murder, and it is a second-degree felony punishable by up to 15 years in prison and a fine of up to $10,000.

Florida does not split manslaughter into voluntary and involuntary offenses. Instead, the statute raises certain culpable-negligence deaths to aggravated manslaughter, a first-degree felony (782.07(2)-(4)), and deaths caused by driving or boating fall under separate offenses: vehicular homicide (782.071), vessel homicide (782.072), DUI manslaughter (316.193(3)(c)3.) and BUI manslaughter (327.35). For other states, see our guide to manslaughter laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Florida criminal statutes on homicide below murder: manslaughter and aggravated manslaughter in Chapter 782 of the Florida Statutes, vehicular and vessel homicide, DUI and BUI manslaughter, the fatal-crash and fleeing offenses in Chapter 316, and the sentencing provisions that apply to them. It does not cover murder (see how long a life sentence is in Florida and our overview of murder sentencing), self-defense and justification (see Florida self-defense laws), civil lawsuits over a death (see Florida wrongful death law), or federal manslaughter, which our manslaughter laws hub covers.

What is manslaughter in Florida?

Section 782.07(1) of the Florida Statutes defines the offense in one sentence:

"The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

The definition works by elimination. A killing that is justified under chapter 776, excusable, or murder is not manslaughter. What remains, when the death was caused by a person's act, procurement or culpable negligence, is manslaughter.

That gives Florida manslaughter three forms: manslaughter by act, by procurement, and by culpable negligence. The Florida Supreme Court described them this way in State v. Montgomery, 39 So. 3d 252 (Fla. 2010), and held that manslaughter by act carries no intent-to-kill element:

"While section 782.07(1) establishes three forms of manslaughter (by act, by procurement, or by culpable negligence), our present focus is on the crime of manslaughter by act. We observe that the statute does not impose a requirement that the defendant intend to kill the victim. Instead, it plainly provides that where one commits an act that results in death, and such an act is not lawfully justified or excusable, it is manslaughter."

Two other sections of Chapter 782 label specific conduct as manslaughter. Under 782.11, a person who "shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any other unlawful act, or after such attempt shall have failed," is guilty of manslaughter, a second-degree felony. Under 782.08, a person "deliberately assisting another in the commission of self-murder" is guilty of manslaughter, a second-degree felony.

For how these terms fit together nationally, see our explainer on the difference between murder, homicide and manslaughter.

Florida manslaughter offenses and penalties

Every form of manslaughter in Florida is a felony, and so are vehicular homicide, vessel homicide, DUI manslaughter and BUI manslaughter: second degree at the base level and first degree in the aggravated forms. A few other offenses with a death element, listed further down, are misdemeanors.

Florida sentences felonies by degree. A second-degree felony is punishable "by a term of imprisonment not exceeding 15 years" (775.082(3)(d)). A first-degree felony is punishable "by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment" (775.082(3)(b)1.). The fine for a first- or second-degree felony may not exceed $10,000 (775.083(1)(b)).

The level numbers in the table come from the offense severity ranking chart in 921.0022, which the Criminal Punishment Code uses to score a sentence. Section 782.07(4) is not listed in that chart; under 921.0023(3), until the Legislature assigns a level, a first-degree felony not on the chart is ranked "within offense level 7." For the full degree scale, see how Florida sentences each felony class.

Voluntary vs. involuntary manslaughter in Florida

Florida law does not use the terms voluntary manslaughter and involuntary manslaughter. Sections 782.07 and 782.11 define manslaughter by act, procurement or culpable negligence and contain no heat-of-passion, sudden-quarrel or provocation language.

Readers using the common labels can map them only loosely. An act that results in death without lawful justification or excuse falls under manslaughter by act, which Montgomery held does not require an intent to kill. A death caused by conduct meeting the culpable negligence standard described below falls under manslaughter by culpable negligence. Both are the same second-degree felony under 782.07(1).

Can a killing be reduced from murder to manslaughter?

Florida's homicide statutes contain no provocation or mitigation text that converts a murder into manslaughter. Section 782.07(1) applies to killings that are not murder, so whether an unjustified, inexcusable killing is manslaughter turns on whether it meets the elements of murder in 782.04, not on a statutory provocation clause.

The only heat-of-passion language in Chapter 782 is in the excusable-homicide section, 782.03, which makes a homicide excusable, not manslaughter, when committed "by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner."

Chapter 782 also contains no provision barring a gay or trans panic defense. In 2026, SB 336 and HB 317 addressed that defense; the Senate bill's last action reads "3/13/2026 Senate - Died in Criminal Justice." Neither became law.

Justification rules live in chapter 776, which 782.07(1) cross-references. Our page on Florida self-defense laws covers them.

Culpable negligence: Florida's negligent-manslaughter standard

Section 782.07 does not define culpable negligence, and neither does 784.05, the statute that punishes non-fatal culpable negligence. The definition used in Florida trials comes from the standard jury instruction on manslaughter. The version the Florida Supreme Court authorized in 2010 (In re Amendments to Standard Jury Instructions in Criminal Cases, 41 So. 3d 853) reads:

"Culpable negligence is a course of conduct showing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard for the safety and welfare of the public, or such an indifference to the rights of others as is equivalent to an intentional violation of such rights. The negligent act or omission must have been committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury."

Florida has no separate criminally negligent homicide offense below manslaughter: a death caused by culpable negligence is manslaughter under 782.07(1). When culpable negligence causes injury but no death, 784.05 applies. Exposing another person to personal injury through culpable negligence is a second-degree misdemeanor, and inflicting actual personal injury through culpable negligence is a first-degree misdemeanor (784.05(1)-(2)). Subsection (3) is a felony that does reach a resulting death: storing or leaving a loaded firearm within the reach or easy access of a minor under 16 who obtains it and uses it to inflict injury or death is a third-degree felony, subject to the exceptions in that subsection.

Aggravated manslaughter of elderly persons, children and officers

Subsections (2) through (4) of 782.07 raise three culpable-negligence deaths to first-degree felonies, each punishable by up to 30 years:

• Elderly person or disabled adult (782.07(2)). "A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult."
• Child (782.07(3)). "A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(2)(b) commits aggravated manslaughter of a child."
• Officer, firefighter, EMT or paramedic (782.07(4)). The death must be caused through culpable negligence, of "an officer as defined in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment."

Each subsection depends on a cross-referenced definition. The elderly and child forms require culpable negligence as described in the abuse and neglect statutes they name, and the officer form reaches only the four listed roles, and only while the victim is performing employment duties.

Mandatory life for manslaughter of an on-duty officer (782.065)

The Officer Jason Raynor Act, ch. 2026-144, Laws of Florida, added manslaughter to 782.065. It was approved by the Governor on June 16, 2026, and took effect on becoming law. Section 782.065 now provides that, notwithstanding ss. 775.082, 775.0823, 782.04, 782.051 and chapter 921, a defendant must be sentenced to life imprisonment without eligibility for release upon findings by the trier of fact, beyond a reasonable doubt, that:

• the defendant committed murder in the first degree or one of the other listed offenses, which now include "manslaughter in violation of s. 782.07(1)"; and
• the victim was a law enforcement officer, part-time law enforcement officer, auxiliary law enforcement officer, correctional officer or other officer type listed in the section, engaged in the duties the section describes.

This rule attaches to manslaughter under 782.07(1), the base offense, and only when both findings are made. Since March 30, 2026 (ch. 2026-16), the 943.10(14) definition of "officer" that 782.07(4) uses covers full-time, part-time and auxiliary law enforcement, correctional and correctional probation officers, and juvenile detention and juvenile probation officers; 782.07(4) was reenacted without changing its own words.

DUI manslaughter and vehicular homicide in Florida

The main Florida offenses for a death caused by driving are DUI manslaughter, which requires impairment, and vehicular homicide, which requires reckless driving. Since October 1, 2025, a prior conviction for either one, or for their boating counterparts, makes a new DUI manslaughter or vehicular homicide a first-degree felony.

For these road offenses, "vehicle" means "Every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks" (316.003). Boats have their own statutes, covered below.

DUI manslaughter (316.193(3)(c)3.)

The DUI statute defines the base offense. A person is guilty of driving under the influence if driving or in actual physical control of a vehicle in Florida and "under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired," or with a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breath-alcohol level of 0.08 or more grams per 210 liters of breath (316.193(1)).

DUI manslaughter applies to a person who violates subsection (1), operates a vehicle, and "by reason of such operation, causes or contributes to causing" the death of any human being or unborn child (316.193(3)(c)3.). The statute has no separate recklessness element. The grades are:

• Second-degree felony (316.193(3)(c)3.a.), up to 15 years.
• First-degree felony (3.b.) if, at the time of the crash, the person knew or should have known that the crash occurred and failed to give information and render aid as required by 316.062. Up to 30 years.
• First-degree felony (3.c., since October 1, 2025) if the person has a prior conviction under that subparagraph, BUI manslaughter, vehicular homicide (782.071) or vessel homicide (782.072). Up to 30 years.

The statute closes with a sentencing floor that applies to every grade: "A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years."

DUI that causes serious bodily injury, not death, is a separate third-degree felony under 316.193(3)(c)2. For DUI penalties when no one is killed or hurt, see Florida DUI laws.

Vehicular homicide (782.071)

"'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."

Vehicular homicide is a second-degree felony (782.071(1)(a)). It becomes a first-degree felony in two situations:

• Failure to render aid (1)(b). At the time of the accident, the person knew or should have known that it occurred, and failed to give information and render aid as required by 316.062. The statute adds: "This paragraph does not require that the person knew that the accident resulted in injury or death."
• Prior conviction (1)(c), since October 1, 2025. The person has a prior conviction under 782.071, for DUI manslaughter, for BUI manslaughter, or under 782.072.

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 listed in 782.071(4).

Driver license consequences

• DUI manslaughter: "The court shall permanently revoke the driver license or driving privilege of any person who has been convicted of DUI manslaughter in violation of s. 316.193." If the court does not do so within 30 days of sentencing, the department must, and "No driver license or driving privilege may be issued or granted to any such person" (322.28(2)(d)). A person with no prior DUI-related convictions may petition the department for reinstatement 5 years after the revocation or after the end of incarceration, whichever is later (322.271(4)).
• Vehicular homicide or vehicle manslaughter: On a conviction of manslaughter resulting from the operation of a motor vehicle, or of vehicular homicide, the court must revoke the driver license for a minimum of 3 years (322.28(4)(a)).

Leaving the scene of a fatal crash

The driver of a vehicle involved in a crash on public or private property that results in a death must immediately stop at or as close as possible to the scene and remain until the requirements of 316.062 are met (316.027(2)(c)). A person who willfully violates that paragraph commits a first-degree felony "and shall be sentenced to a mandatory minimum term of imprisonment of 4 years," and the driver's license is revoked for at least 3 years under 322.28(4) (316.027(2)(c), (e)). Under 316.027(2)(g), the defendant may move to depart from that 4-year minimum unless the violation was committed while driving under the influence; the court may grant the motion only on a finding that the minimum would result in an injustice. Under 316.027(2)(f), the offense is ranked one level higher on the Criminal Punishment Code chart when the victim was a vulnerable road user. Our page on Florida hit-and-run laws covers the duty to stop in more detail.

Fleeing police: aggravated fleeing or eluding

Under 316.1935(3)(b), a person fleeing a law enforcement officer as subsection (3) describes who "Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, and causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person's vehicle, commits a felony of the first degree." The court must impose "a mandatory minimum sentence of 3 years imprisonment," and may impose more.

Subsection (4)(b), aggravated fleeing or eluding with serious bodily injury or death after leaving a crash scene, is also a first-degree felony with a 3-year mandatory minimum; a person serving either 3-year minimum is not eligible for gain-time or discretionary early release before it is served (316.1935(4), (6)). For any violation of the section, the court must revoke the driver license for 1 to 5 years, and "no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence" (316.1935(5), (6)).

Driving without a valid license and causing a death

A person who drives without a license required by 322.03, or while the license or driving privilege is canceled, suspended or revoked under the sections listed in 322.34(6)(b), and "who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being commits a felony of the third degree" (322.34(6)), punishable by up to 5 years (775.082(3)(e)).

Street racing

Florida's racing and street takeover statute, 316.191, has no death-graded tier. A violation of 316.191(2) is a first-degree misdemeanor with a fine of $500 to $2,000 and a 1-year license revocation (316.191(3)(a)). The section sets no separate grade for a death.

Boating deaths: vessel homicide and BUI manslaughter

Vessel homicide (782.072) mirrors vehicular homicide. It is "the killing of a human being, including the death of an unborn child caused by injury to the mother, by the operation of a vessel as defined in s. 327.02 by another in a reckless manner likely to cause the death of, or great bodily harm to, another." It is a second-degree felony, or first degree if the operator knew or should have known of the accident and failed to give information and render aid as required by 327.30(1), or, since October 1, 2025, has a prior conviction under 782.072, DUI manslaughter, BUI manslaughter or 782.071.

BUI manslaughter is boating under the influence that causes the death of any human being or an unborn child (327.35(3)(a)3.c.). It is a second-degree felony, or first degree if the operator knew or should have known of the accident and failed to give information and render aid as required by 327.30, or, since October 1, 2025, has a prior conviction under that provision, DUI manslaughter, 782.071 or 782.072. Since July 1, 2025 (ch. 2025-197), "A person who is convicted of BUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years" (327.35(3)(b)).

Since July 1, 2025 (ch. 2025-197), a vessel operator involved in an accident that causes the death of another person or an unborn child, and who violates the duties in 327.30(5)(a), commits a first-degree felony, and a willful violation carries a 4-year mandatory minimum (327.30(5)(a)4., (5)(b)). Before that date, a violation involving any personal injury, including a death, was a single third-degree felony.

Aircraft

Operating an aircraft while impaired, or in a careless or reckless manner that endangers life or property, is a third-degree felony under 860.13. That section has no separate death-graded tier.

Other homicide offenses below murder

• Unborn child (782.09(2)). "A person who unlawfully kills an unborn child by any injury to the mother which would be manslaughter if it resulted in the mother's death commits manslaughter, a felony of the second degree." Vehicular homicide and DUI manslaughter also cover the death of an unborn child; vessel homicide and BUI manslaughter have covered it since July 1, 2025 (ch. 2025-197). Where a statute does not already provide a separate offense, 775.021(5) makes causing the death of an unborn child through any criminal offense a separate offense, punished as if the death had occurred to the mother; it does not permit prosecution of a woman with respect to her own unborn child.
• Drug-distribution deaths. Florida treats a death proven to have been caused by the unlawful distribution of listed substances, including fentanyl, by a person 18 or older as murder under 782.04, not manslaughter. See our guide to murder laws in the United States.

Other offenses graded by a resulting death

• Assisting self-murder (782.08): manslaughter, a second-degree felony, up to 15 years.
• Postsecondary hazing that results in permanent injury, serious bodily injury or death (1006.63(2)): third-degree felony.
• Hazing by a student in grades 9 through 12 that results in serious bodily injury or death (1006.135(3)(a)1.): third-degree felony.
• Storing or leaving a loaded firearm within reach of a minor under 16 who uses it to inflict injury or death (784.05(3)): third-degree felony, subject to the exceptions in that subsection.
• Owner of a dog previously declared dangerous that attacks and causes severe injury to or death of a human (767.13(2)): second-degree felony, up to 15 years (raised by ch. 2025-61, effective July 1, 2025).
• Owner of a dog not declared dangerous whose dog kills a person, under the conditions in 767.136(1): first-degree misdemeanor (raised by ch. 2025-61, effective July 1, 2025).
• Violating 860.05, 860.08 or 860.09 (railroad signals, tracks and equipment) when the violation results in death (860.091): "homicide as defined in chapter 782," punishable under 775.082.
• Violating the boating navigation rules and causing an accident with serious bodily injury or death, where the violation is not reckless operation (327.33(3)(a)): second-degree misdemeanor.

Sentencing rules that affect manslaughter cases

Criminal Punishment Code scoring. The Criminal Punishment Code ranks felonies by offense severity level in the chart in 921.0022. Under 921.0024(2), "The lowest permissible sentence is any nonstate prison sanction in which the total sentence points equals or is less than 44 points, unless the court determines within its discretion that a prison sentence, which may be up to the statutory maximums for the offenses committed, is appropriate." The same subsection defines the lowest permissible sentence as "the minimum sentence that may be imposed by the trial court, absent a valid reason for departure." The worksheet in 921.0024(1) scores a level 7 primary offense at 56 points and adds 120 victim-injury points for each death. When the total exceeds 44 points, "the lowest permissible sentence in prison months shall be calculated by subtracting 28 points from the total sentence points and decreasing the remaining total by 25 percent" (921.0024(2)).

Minimum time served. Section 944.275(4)(f) bars release "prior to serving a minimum of 85 percent of the sentence imposed" for prisoners sentenced for offenses committed on or after October 1, 1995, with credit for time physically incarcerated counting toward the 85 percent.

Weapon reclassification. Under 775.087(1), unless otherwise provided by law, when a person charged with a felony (other than one where using a weapon or firearm is an essential element) carries, displays, uses, threatens to use or attempts to use a weapon or firearm during it, or commits an aggravated battery during it, a second-degree felony is reclassified to a first-degree felony, and a first-degree felony to a life felony. Manslaughter is not on the 10-20-Life list of offenses in 775.087(2)(a)1., which names murder.

Prison releasee reoffender. The definition in 775.082(9)(a)1. includes a defendant who commits or attempts manslaughter "within 3 years after being released from a state correctional facility." A prison releasee reoffender must be sentenced to 15 years for a second-degree felony and 30 years for a first-degree felony, is released only by expiration of sentence, and must serve 100 percent of the sentence (775.082(9)(a)3., (9)(b)). Ch. 2026-149, effective July 1, 2026, added battery on a law enforcement officer which results in bodily injury to that definition and kept manslaughter in it.

Habitual offender sentencing. Manslaughter, aggravated manslaughter of an elderly person or disabled adult, and aggravated manslaughter of a child are among the prior convictions that can qualify a defendant as a habitual violent felony offender under 775.084(1)(b), subject to that section's other conditions. For a habitual violent felony offender, the court may impose life with no eligibility for release for 15 years for a first-degree felony, up to 30 years with 10 before release for a second-degree felony, and up to 10 years with 5 before release for a third-degree felony (775.084(4)(b)). A violent career criminal faces life for a first-degree felony, and up to 40 years with a 30-year mandatory minimum for a second-degree felony (775.084(4)(d)). The general habitual felony offender terms are life, up to 30 years and up to 10 years by degree (775.084(4)(a)). Manslaughter and both aggravated manslaughter forms are also among the offenses counted for a three-time violent felony offender under 775.084(1)(c); that designation carries a mandatory minimum of 30 years for a first-degree felony and 15 years for a second-degree felony (775.084(4)(c)1.). The enumerated lists do not name vehicular homicide, DUI manslaughter or BUI manslaughter.

Registration. Florida's convicted-felon registration law, 775.13, applies to any felony conviction, including manslaughter: the person must register with the sheriff within 48 hours after entering any Florida county, unless an exemption in 775.13(4) applies (for example, civil rights restored, a full pardon, or more than 5 years since release from the sentence or supervision with no new offense), and failing to register is a second-degree misdemeanor (775.13(5)(a)), or a third-degree felony for a felon found under 874.04 to have committed an offense to benefit a criminal gang (775.13(5)(b)). Separately, the Florida Career Offender Registration Act applies to a person "designated as a habitual violent felony offender, a violent career criminal, or a three-time violent felony offender under s. 775.084 or as a prison releasee reoffender under s. 775.082(9)" (775.261(2)(a)). Ch. 2026-151 amended that act effective October 1, 2026.

Recent changes to Florida manslaughter law

• July 1, 2024: Ch. 2024-146 revised the racing statute, 316.191, adding a "coordinated street takeover" offense (10 or more vehicles operated in an organized manner to effect a street takeover). It did not add a death tier.
• July 1, 2025: Ch. 2025-197 amended the boating statutes, including a 4-year mandatory minimum for BUI manslaughter (327.35(3)(b)), a first-degree felony with a 4-year minimum for willfully leaving the scene of a fatal vessel accident (327.30(5)), the extension of vessel homicide and BUI manslaughter to unborn children, and changes to the reckless-operation section (327.33). The act's title describes it as "requiring a minimum mandatory prison term for boating under the influence manslaughter."
• July 1, 2025: Ch. 2025-61 raised the grades of the two dog-attack death offenses in 767.13(2) and 767.136(1).
• October 1, 2025: Ch. 2025-121, Trenton's Law, made DUI manslaughter, BUI manslaughter, vehicular homicide and vessel homicide first-degree felonies when the person has a prior conviction for any of them.
• October 1, 2025: Ch. 2025-75 revised the patrol-vehicle marking element in 316.1935(2)-(4) and added a 1.5 sentence-point multiplier in 921.0024 when the primary offense is fleeing or eluding and the prior record has a 316.1935 violation.
• March 30, 2026: Ch. 2026-16 amended the 943.10(14) "officer" definition to include juvenile detention and juvenile probation officers, which widens the officer form of aggravated manslaughter in 782.07(4); the words of 782.07(4) did not change.
• June 16, 2026: Ch. 2026-144, the Officer Jason Raynor Act, added manslaughter under 782.07(1) to the mandatory life-without-release rule in 782.065 for listed officer victims.
• July 1, 2026: Ch. 2026-149 added battery on a law enforcement officer which results in bodily injury to the prison releasee reoffender definition, which still includes manslaughter.
• October 1, 2026: Ch. 2026-151 amended the Career Offender Registration Act (775.261).

Federal manslaughter

Federal law, 18 U.S.C. 1112, separately defines manslaughter for killings within the special maritime and territorial jurisdiction of the United States; our manslaughter laws hub covers it.

Related

• Manslaughter laws by state
• Florida felony and misdemeanor classes
• Florida DUI laws
• Florida hit-and-run laws
• First, second and third degree manslaughter explained
• Georgia manslaughter laws
• Alabama manslaughter laws

This article provides general legal information about Florida law as of 2026-10-18. It is not legal advice. For a specific situation, contact a lawyer licensed in Florida.

Last updated: 2026-10-18.

Frequently Asked Questions

Is manslaughter a felony in Florida?

Yes. Manslaughter under Fla. Stat. 782.07(1) is a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000. Aggravated manslaughter of an elderly person or disabled adult, of a child, or of an on-duty officer, firefighter, EMT or paramedic is a first-degree felony, up to 30 years (782.07(2)-(4)).

How much time do you get for manslaughter in Florida?

The statutory maximum for manslaughter is 15 years (775.082(3)(d)), and the sentence within that range is scored under the Criminal Punishment Code, where manslaughter is a level 7 offense (921.0022). Since June 16, 2026, manslaughter under 782.07(1) of a listed on-duty law enforcement or correctional officer carries mandatory life without eligibility for release when the trier of fact makes the findings in 782.065.

What is the difference between voluntary and involuntary manslaughter in Florida?

Florida statutes do not use those labels. Section 782.07(1) has one manslaughter offense committed by act, procurement or culpable negligence, and the Florida Supreme Court held in State v. Montgomery (2010) that manslaughter by act does not require an intent to kill.

What is DUI manslaughter in Florida?

DUI manslaughter is driving under the influence and, by operating the vehicle, causing or contributing to causing a death (316.193(3)(c)3.). It is a second-degree felony, or first degree if the driver failed to give information and render aid after a crash the driver knew or should have known about, or, since October 1, 2025, has a listed prior conviction. Every conviction carries a 4-year mandatory minimum and permanent license revocation (322.28(2)(d)), though a person with no prior DUI-related convictions may petition for reinstatement after 5 years (322.271(4)).

What is the difference between vehicular homicide and DUI manslaughter in Florida?

Vehicular homicide (782.071) requires driving a motor vehicle in a reckless manner likely to cause death or great bodily harm; impairment is not an element. DUI manslaughter (316.193(3)(c)3.) requires driving under the influence and causing or contributing to a death, with no separate recklessness element, and adds a 4-year mandatory minimum.

What is aggravated manslaughter in Florida?

It is causing a death by culpable negligence where the victim is an elderly person or disabled adult (under 825.102(3)), a person under 18 (under 827.03(2)(b)), or an officer, firefighter, EMT or paramedic performing duties within the course of employment. Each is a first-degree felony, up to 30 years (782.07(2)-(4)).

Is leaving the scene of a fatal crash a felony in Florida?

Yes. Willfully failing to stop and remain at the scene of a crash that results in a death is a first-degree felony with a 4-year mandatory minimum prison term (a departure motion is allowed under 316.027(2)(g) unless the driver was under the influence) and a license revocation of at least 3 years (316.027(2)(c), (e)).

Does Florida ban the gay or trans panic defense?

No Florida statute bars it. Chapter 782 contains no such provision, and the 2026 bills on the subject, SB 336 and HB 317, died; the Senate bill died in the Criminal Justice committee on March 13, 2026.