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Florida Criminal Offense

Discharging Firearm in Public or Residential Area

Knowingly, recklessly, or negligently discharging a firearm in statutorily prohibited public or residential circumstances.

Felony or MisdemeanorVaries

Florida Statute

§ 790.15

Discharging firearm in public or on residential property

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Quick Summary

The charge level changes for discharge from a vehicle and for directing another person to discharge from a vehicle.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Public or Residential Discharge

F.S. § 790.15(1) and (4)

MisdemeanorFirst Degree

Public-road, occupied-premises, or residential-property discharge as described in subsection (1), including specified recreational discharge.

Discharge From Vehicle Within 1,000 Feet of Person

F.S. § 790.15(2)

FelonySecond Degree

Vehicle occupant knowingly and willfully discharges a firearm from the vehicle within 1,000 feet of a person.

Directing Discharge From Vehicle

F.S. § 790.15(3)

FelonyThird Degree

Vehicle driver or owner knowingly directs another person to discharge a firearm from the vehicle.

Elements of the Offense

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

  1. Element 1
    AND — Required

    Required Facts

    The defendant discharged a firearm in conduct described by the charged subsection.

    Plain language: Identify the location or vehicle-related discharge conduct.

  2. Element 2
    AND — Required

    Required Facts

    The discharge had the mental state and circumstances required by the charged subsection and was not within a statutory exception.

    Plain language: The statute uses different mental states and circumstances for different subsections.

Jury Instructions

Instruction 10.6

Discharging Firearm in Public

Use for the applicable F.S. § 790.15 discharge track.

View Official Instruction

Verified against the official instruction source: September 13, 2026

Additional Notes

Quick Reference

The matrix separates public/residential discharge, vehicle discharge near a person, directing a discharge from a vehicle, and recreational discharge in a primarily residential area.