(a) “Unborn child” has the same meaning as in s. 775.021(5)(e).
(b) “Vessel homicide” means 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.
(2) Vessel homicide is:
(a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
1. At the time of the accident, the person knew, or should have known, that the accident occurred; and
2. The person failed to give information and render aid as required by s. 327.30(1).
This subsection does not require that the person knew that the accident resulted in injury or death.
(3) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person has a prior conviction under this section, s. 316.193(3)(c)3., 1s. 327.35(3)(a)3.c., or s. 782.071.
1Note.—Substituted by the editors for a reference to s. 327.35(3)(c)3., as added by s. 7, ch. 2025-121, to conform to the redesignation of existing subunits in s. 327.35 by s. 6, ch. 2025-197.
...---------------------------------- Assault 784.011 8.1 ------------------------------------------------------------------------ Comment This instruction was adopted in 1981 and amended in 1997 and 2008. 7.9 VEHICULAR OR VESSEL HOMICIDE § 782.071 or § 782.072, Fla....
...(Defendant) operated the [motor vehicle] [vessel] in a reckless manner likely to cause the death of or great bodily harm to another person. An intent by the defendant to harm or injure the victim or any other person is not an element to be proved by the State. *1042 Enhanced penalty. § 782.071(1)(b) or § 782.072(2), Fla....
..."Vessel" is synonymous with boat and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Lesser Included Offenses VEHICULAR OR VESSEL HOMICIDE 782.071 or 782.072 -------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....
...(Defendant) operated the [motor vehicle] [vessel] in a reckless manner likely to cause the death of or great bodily harm to another person. An intent by the defendant to harm or injure the victim or any other person is not an element to be proved by the State. Enhanced penalty. § 782.071(1)(b) or § 782.072(2), Fla....
..., used or capable of being used as a means of transportation on water. Lesser Included Offenses ---------------------------------------------------------------------------------------------------------------- VEHICULAR OR VESSEL HOMICIDE782.071 or 782.072 ---------------------------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....
...information, we amend the standard jury instructions as proposed by the
Committee, with one modification discussed below, and authorize them for
publication and use.
Section 782.071, Florida Statutes (2014), defines the offense of Vehicular
Homicide, while section 782.072, Florida Statutes (2014), defines the offense of
Vessel Homicide....
...Liaison, Office of the State Courts Administrator, Tallahassee, Florida,
for Petitioner
-5-
APPENDIX
7.9 VEHICULAR OR VESSEL HOMICIDE
§ 782.071 or § 782.072, Fla....
...However, the reckless
operation of a [motor vehicle] [vessel] requires the State to prove more than a
failure to use ordinary care. A “reckless manner” means in willful or wanton
disregard for the safety of persons or property.
Enhanced penalty. § 782.071(1)(b) or § 782.072(2), Fla....
...ion of
watercraft, barge, and airboat, other than a seaplane on the water, used or
capable of being used as a means of transportation on water.
Lesser Included Offenses
VEHICULAR OR VESSEL HOMICIDE – 782.071 or 782.072
CATEGORY ONE CATEGORY TWO FLA....
...3 Therefore, by analogy we find that it was the legislature’s intent that vessel homicide be a lesser included offense of manslaughter. Defendant's remaining points lack merit. Affirmed. . The defendant is the first person to be charged under this statute. Section 782.072, Florida Statute (1987), went into effect on October 1, 1987....
...(2) Any person who commits vehicular homicide and willfully fails to stop or comply with the requirements of s. 316.027(1) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 782.071, Fla.Stat. (1987). The vessel homicide statute provides as follows: 782.072 Vessel homicide.— (1) "Vessel homicide” is the killing of a human being by the operation of a vessel as defined in s....
...775.083, or s. 775.084. (2) Any person who commits vessel homicide and willfully fails to stop or comply with the requirements of s. 327.030(4) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.-084. § 782.072, Fla.Stat....
...“Willful” means intentional, knowing and purposeful.
“Wanton” means with a conscious and intentional indifference to
consequences and with the knowledge that damage is likely to be done to
persons or property.
Enhanced penalty. § 782.071(1)(b) or § 782.072(2), Fla....
...e vessel is
underway upon the waters of this state, or to control or steer a vessel being
towed by another vessel upon the waters of the state.
Lesser Included Offenses
VEHICULAR OR VESSEL HOMICIDE – 782.071 or 782.072
CATEGORY ONE CATEGORY TWO FLA....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 782 in the context of wrongful death claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.
