Florida has no set minimum age for leaving a child home alone. That doesn’t mean you can leave a child alone in Florida. Parents, caregivers, and even neighbors may report you to the Department of Children and Families (DCF) if they believe your child was left without appropriate supervision for their age.
In my Naples, Florida family law practice, I’ve seen a single “home alone” incident spark child neglect investigations, criminal charges, and even custody changes. Whether you’re running to the store or leaving a child in the car “just for a minute,” Florida law has specific rules — and breaking them can carry serious consequences.
Is It Illegal to Leave a Child Home Alone in Florida?
Florida does not have a statewide statute that declares how old a child has to be to be left alone at home. Instead, Florida’s child-protection laws ask whether a child was left “without adult supervision or arrangements appropriate for the child’s age or mental or physical condition,” and whether that omission created a substantial risk of physical or mental injury.
Chapter 39 of the Florida Statutes mandates that the Central Abuse Hotline be contacted when the person knows that a child of any age is being left home alone. Once the tip is received, the Hotline will make a determination if it rises to acceptance or non-acceptance based on statutory criteria. F.S. 39.201(4)(a)(1).
However, for motor vehicles there is a specific statute.
“A parent, legal guardian, or other person may not leave a child under six (6) years of age unattended or unsupervised in a motor vehicle for more than 15 minutes; for any period of time if the motor of the vehicle is running, the health of the child is in danger, or the child appears to be in distress.” F.S. §316.6135(1)(a)(b).
Violations of the 15-munite rule are misdemeanors and are commonly charged by law enforcement in “hot car incidents.”
This law is of particular importance in Florida, where extreme heat makes leaving a child in a vehicle especially dangerous. Even on a relatively mild 80 degrees day, the temperature inside a parked car can soar to over 100 degrees in just 10 minutes, creating life-threatening conditions in a matter of minutes.
So, the short answer is “don’t leave a child in a car at all.”
If you want to run an errand either take your child with you or hire a baby sitter.
While there isn’t a specific minimum age requirement to be a babysitter by law, Florida Department of Children and Families advises that a babysitter must be age 14 or older.
In recent years, Collier County law enforcement have arrested caregivers after welfare checks found very young children left alone (for example, a mom was arrested for child neglect after allegedly leaving her two children home alone in Naples, Florida).
A separate but closely related statute criminalizes culpable negligence
“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 in the third degree, punishable in s. 775.082, s. 775.083, or s. 775.084.” F.S. §784.05(3).
Because culpable negligence appears in multiple statutes, its meaning has been developed primarily through case law and standard jury instructions rather than a single statutory definition.
“’Culpable negligence’ negligence isn’t statutorily defined, but has been defined in caselaw consistent with the standard jury instructions used by the trial court in this case: For negligence ot be called culpable negligence, it must be gross and flagrant. The negligence must be committed with an utter disregard for the safety of others.” Kish v. State, 145 So. 3d 225, 227 (Fla. 1st DCA 2014).
Accordingly as distinguished from simple negligence, culpable is gross and flagrant.
Appellate decisions applying that standard illustrate how courts evaluate evidence.
“The State did not present legally sufficient evidence to sustain the charge in this case because it did not establish that Kelley acted with culpable negligence. Rather, it submitted evidence illustrating simple negligence or an incomplete regard for the child’s care.” Kelley v. State, 341 So. 3d 468, 472 (Fla. 5th DCA 2022).
Custody and Parenting Plan Changes if a Parent Leaves a Child Alone in Florida
Given the consequences for leaving your child at home, parents and caregivers should approach “home-alone” decisions with a safety-first mindset rather than search for a single magic number. Communicating with your former partner about your concerns is always the first step in attempting to resolve things.
When communicating, consider the child’s ability to handle emergencies, the length of absences, neighborhood safety, and whether the child could access hazards or summon help.
If your partner is reported for leaving a child unattended, the family law and child-welfare laws can be triggered if it rises to abandonment.
A Department of Children and Family hotline report can prompt a protective investigation or removal under Chapter 39, while a family-court modification petition under Chapter 61 can ask a judge to change the parenting plan or timesharing.
“The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared responsibility would be detrimental to the child. In determining detriment to the child, the court shall consider: whether either parent has or has had reasonable cause to believe that his or her minor child or children are or have been in imminent danger of becoming victims of an act of abuse, abandonment, or neglect, as those terms are defined in s. 39.01, by the other parent against the child or children whom the parents share in common regardless of whether a cause of action has been brought or is currently pending in the court.” F.S. §61.13 (2)(c)(2)(c).
To change a final parenting plan or timesharing order, Florida requires the moving parent to show a “substantial, material, and unanticipated change in circumstances” that makes modification in the child’s best interests the primary consideration.
“For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interests of the child must be the primary consideration. A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial and material change in circumstances and a determination that the modification is in the best interests of the child.” F.S. §61.13(3).
In short, a single incident can support modification only if it produces demonstrable, material, or a detriment to the child’s well-being.
“The Third District in Perez stated that the best interest prong requires ‘proof that a child’s continuing residence with the custodial parent would be detrimental to or have an adverse impact on the child.” Perez v. Perez, 767, So. 2d 513, 516 (Fla. 3d DCA 2000).
A dependency or shelter action under Chapter 39 is a separate, powerful route by which a parent can see timesharing curtailed. Law enforcement or DCF may take a child into protective custody when there is probable cause to believe the child is abused, abandoned, or neglected; shelter and dependency hearings can follow quickly, and an adjudication of dependency often results in removal or supervised visitation while services and reunification plans are imposed. F.S. 39.401
Criminal charges or conviction for child abandonment, child neglect, or similar offenses can be powerful evidence in a timesharing or parental responsibility modification.
If you suspect your former spouse is leaving your child alone or otherwise failing to supervise them, contact my Naples, Florida divorce law office to understand all of your option and ensure you make corrective steps to modify your parenting plan.
