Recklessness for Vehicular and Vessel Homicide in Florida: What to Know

August 26, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, vehicular and vessel homicide are both very serious felony offenses with nearly identical elements. For someone to be convicted of vehicular homicide (Fla. Stat. 782.071) or vessel homicide (Fla. Stat. 782.072), their reckless operation of a vehicle or vessel must cause the death of a victim or their unborn child.

Whether a defendant’s operation of a vehicle or vessel was reckless is often the key question in determining if someone is guilty of vehicular or vessel homicide. But what have Florida’s courts said about the type of driving or boating that is required to rise to the level of recklessness? This blog will answer that critical question.

For someone to be proven guilty of vehicular homicide in Florida, the State must establish all of the following beyond a reasonable doubt:

• The defendant’s actions caused the death of a human being or unborn child at any stage of fetal development
• The defendant was operating a motor vehicle at the time (car, truck, motorcycle, van, etc.)
• The defendant’s operation of the motor vehicle in a reckless manner caused the death of the victim

Under Florida law, a motor vehicle is defined as “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.” This does not include trains or trams, but it does include:

• Cars, trucks
• Motorcycles
• Mopeds 
• Motor scooters
• Golf carts or bicycles when operated on highways (Meister v. Fisher, 462 So. 2d 1071 (Fla. 1984))
• Commercial vehicles and RVs

Vessel homicide has nearly identical elements, and requires proof of all of the following beyond a reasonable doubt:

• The defendant’s actions resulted in the death of a human being or unborn child
• The defendant was operating a vessel at the time (boat, airboat, one boat pulling another boat, etc.)
• The defendant operated the vessel in a reckless manner, which caused the death of the victim

Florida defines a vessel as “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.”

The penalties for vessel homicide and vehicular homicide are very serious if someone is convicted. Both are considered a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. 

However, vehicular homicide and vessel homicide are sometimes charged as a first-degree felony (punishable by up to 30 years in prison and a $10,000 fine).

These offenses become a first-degree felony under Florida law if either of the following are true:

• The defendant failed to stop after the accident, give information to authorities (such as contacting 911), or failed to render aid 
• The defendant has a prior conviction for vehicular homicide, vessel homicide, DUI manslaughter or BUI manslaughter (Trenton’s Law, effective Oct. 1, 2025)

Because of their overlapping elements, recklessness for vehicular homicide and vessel homicide falls under the same legal standard. For recklessness to be established, the State must prove the defendant operated a vehicle (or vessel) under circumstances that they knew or should have known was likely to cause death or great bodily harm to another. W.E.B. v. State, 553 So. 2d 323 (Fla. 1st DCA 1989).

Critically, someone does not have to know that the manner in which they are operating a vehicle or vessel will kill or harm someone to be convicted. However, someone must intentionally drive or boat in a manner they know to be likely to cause death or great bodily harm, and/or have a conscious and intentional indifference to those consequences. Berube v. State, 6 So.3d 624 (Fla. 5th DCA 2008)

Note: The defendant’s reckless operation of the vehicle must be the proximate (“but-for”) cause of the victim’s death. This means that even if someone is driving or boating recklessly and is involved in an accident, they are not guilty of vehicular or vessel homicide unless it is proven that they were mostly or entirely responsible for the death of the victim (Berube).

Recklessness requires more than a simple failure to use ordinary care (negligence). It requires intentional misconduct, or at the very least, a conscious disregard of the likelihood (not just the remote possibility) of harm. 

Florida’s courts have heard many cases on the issue of whether someone convicted of vehicular or vessel homicide was truly operating their vehicle/vessel recklessly – or whether they were doing so carelessly (negligently). As the latter is insufficient as a matter of law to support a conviction for vehicular homicide or vessel homicide, courts have often discussed this issue.

A major case on this topic is Luzardo v. State, 147 So.3d 1083 (Fla. 3d. DCA 2014). In Luzardo, the defendant was speeding  – traveling 84 miles per hour on a largely empty stretch of highway with a speed limit of 55. However, a car unexpectedly made a left turn into his lane – and the collision with Luzardo’s vehicle killed the other driver.

On appeal, the 3rd District Court of Appeal ruled that Luzardo could not be found guilty of vehicular homicide as a matter of law. The court reasoned that speeding alone – in the absence of aggravating factors (such as crowded roads, poor visibility, running a red light, etc.) was legally insufficient to establish recklessness in vehicular homicide cases.

Conversely, in State v. Gensler, 929 So.2d 27 (Fla. 3d. DCA 2006), the 3rd DCA affirmed Gensler’s vehicular homicide conviction on the ground that Gensler:

• Was traveling 90 miles per hour in a 45 mile per hour zone
• Disregarded a flashing yellow traffic signal 
• It was dark and street lights were out at the time

In Natal v. State, 278 So. 3d 705 (Fla. 4th DCA 2019), the 4th DCA affirmed Natal’s vehicular homicide conviction on the grounds that he was traveling over 80 miles per hour on a crowded road, packed with both homes and businesses – and made no effort to slow down before hitting the vehicle in which the victim was killed.

However, the court emphasized that it was not Natal’s speed alone that caused them to find recklessness. Rather, the fact that he was speeding so flagrantly in a very crowded area where traveling at such a speed itself established recklessness. The court cited its previous decision in Copertino v. State, which noted:

“For example, while driving 90 mph at Sebring on a test track might not even be negligent conduct, racing at 90 mph in front of school where children are entering or leaving would surely be so flagrant as to show a reckless disregard for human life and safety.” Copertino v. State, 726 So. 2d 330, 332-33 (Fla. 4th DCA 1999)

The nature of the vehicle or vessel may also play a role in determining reckless operation – for example, if it is carrying tons of highly flammable liquid. 

In Santisteban v. State, 72 So.3d 187 (Fla. 4th DCA 2011), the court affirmed the appellant’s vehicular homicide conviction after he sped excessively on a curving highway ramp while weaving around other cars before crashing, all while operating a gasoline truck filled with 9,000 gallons of fuel.

Though less common, a vehicular or vessel homicide conviction may occur without speeding. In McCreary v. State, McCreary was convicted of vehicular homicide despite not traveling at an excessive speed after:

• He ran a stop sign visible from 300-400 feet away
• He had chugged many beers in rapid succession immediately before getting behind the wheel and driving, though was not yet intoxicated
• He was driving with several others in the vehicle, one of whom died in the crash that resulted from McCreary running the stop sign (McCreary v. State, 371 So.2d 1024 (Fla. 1979))

Applying Luzardo, a vehicular or vessel homicide conviction can be sustained if:

• Someone operated a vehicle or vessel “in willful or wanton disregard for the safety of persons or property,” and with “a conscious and intentional indifference to consequences and with the knowledge that damage is likely to be done to persons or property.” 
• That reckless operation caused the death of a victim 

Given all of the above case law, recklessness for purposes of vehicular or vessel homicide is determined based on the totality of the circumstances.

Courts have considered factors such as:

• Whether the defendant was speeding, and if so, by how much
• Whether the defendant disregarded traffic signals/stop signs
• Time of day (or night)
• Whether visibility was poor
• Whether the roads were crowded or empty
• Whether a defendant was looking continuously at their cell phone for a long period of time (Andriotis v. State, 399 So.3d 1235 (Fla. 5th DCA 2025))

In sum, for someone to be proven guilty of vehicular or vessel homicide, reckless operation of a vehicle or vessel that caused the death of a victim must be established. Florida’s courts evaluate recklessness by the totality of the circumstances.

Recklessness involves the willful or wanton disregard for the safety of persons or property while someone is operating a vehicle or vessel. The operation of the vehicle or vessel must have been in a manner likely to cause death or great bodily harm, and caused the death of a victim, for someone to be convicted of vehicular or vessel homicide.

Per Luzardo, speeding alone (without any aggravating factors) does not constitute recklessness sufficient to convict someone of vehicular or vessel homicide. However, excessive speed serves as a factor the court weighs in determining recklessness – and may support a conviction if the conditions at the time of the accident made the excessive speed inherently likely to cause death or great bodily harm (such as going 90 mph in an active school zone).

It is critical to find experienced and trusted legal representation as soon as possible if someone is charged with vehicular homicide, DUI manslaughter, BUI manslaughter or vessel homicide. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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