Florida Statute 806.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 806
ARSON AND CRIMINAL MISCHIEF

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F.S. 806.01

806.01 Arson.—

(1) Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged:

(a) Any dwelling, whether occupied or not, or its contents;

(b) Any structure, or contents thereof, where persons are normally present, such as: jails, prisons, or detention centers; hospitals, nursing homes, or other health care facilities; department stores, office buildings, business establishments, churches, or educational institutions during normal hours of occupancy; or other similar structures; or

is guilty of arson in the first degree, which constitutes a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged any structure, whether the property of himself or herself or another, under any circumstances not referred to in subsection (1), is guilty of arson in the second degree, which constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) As used in this chapter, “structure” means any building of any kind, any enclosed area with a roof over it, any real property and appurtenances thereto, any tent or other portable building, and any vehicle, vessel, watercraft, or aircraft.

History.—ss. 1, 2, ch. 15603, 1931; CGL 1936 Supp. 7208(8), (9); ss. 786, 787, ch. 71-136; s. 26, ch. 74-383; s. 18, ch. 75-298; s. 1, ch. 79-108; s. 1, ch. 90-225; s. 1228, ch. 97-102.

F.S. 806.01 on Google Scholar

F.S. 806.01 on Casetext

Amendments to 806.01

Arrestable Offenses / Crimes under Fla. Stat. 806.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

S806.01 1 - ARSON - 1ST DEGREE - F: F

S806.01 2 - ARSON - 2ND DEGREE - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 806.01

Total Results: 20

James Walsh, Attorney Ad Litem, on Behalf of A.K.P., a Minor Child, and Statewide Guardian Ad Litem Office v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-04T00:00:00-07:00

Snippet: rights has been filed pursuant to s. 39.806(1)(f), (g), or (h); 7. What is best for the…parental rights has been filed pursuant to s. 39.806(1)(f), (g), or (h); and 7. What is best for

FERNANDEZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-16T00:00:00-07:00

Snippet: Fernandez's prior record under section 90.806(1), Florida Statutes (2021), which provides: …meet the threshold requirement under section 90.806(1) that a hearsay statement be admitted. See Pitts… nonhearsay, they did not fall under section 90.806(1), and it was an abuse of discretion for the court…attack Gudmestad's credibility under section 90.806(1)."). "When a trial court erroneously

Department of Children and Families v. L.W., the Mother

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-07T00:00:00-07:00

Snippet: termination of her parental rights, (1) section 39.806(1)(c), Florida Statutes (2022) (irrespective of the… the provision of services), and (2) section 39.806(1)(j), Florida Statutes (2022) (chronic substance…addressing the statutory ground set forth in section 39.806(1)(c), the trial court made detailed findings pertaining…irrespective of the provision of services. § 39.806(1)(c), Fla. Stat. (2022).” (emphasis added). The trial…addressed the statutory ground under section 39.806(1)(j). The trial court found that “by clear and convincing

DEPARTMENT OF CHILDREN & FAMILIES AND GUARDIAN AD LITEM v. L. D.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-26T00:00:00-07:00

Snippet: 3d 521, 523–24 (Fla. 5th DCA 2022) (citing §§ 39.806(1), 39.810, Fla. Stat. (2021); Padgett v. Dep’t of… 2 Child were: (1) section 39.806(1)(c) (parent engaged in conduct toward the child … of the provision of services); (2) section 39.806(1)(d)3. (continuing the parental relationship with…best interest of the child); and (3) section 39.806(1)(l) (on three or more occasions the child or another… fell within these subparagraphs of section 39.806(1), meaning that under section 39.806(2), DCF was

P.N., the Father v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-29T00:00:00-07:00

Snippet: of abandonment, explaining that “[s]ection 39.806(1)(b), Florida Statutes (2001), allows TPR based

MICHAEL REX VANDERHOOF v. LAUREN BROOKE ARMSTRONG

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-22T00:00:00-07:00

Snippet: 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration

K.M., the Mother v. K.B., the Father

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-13T00:00:00-07:00

Snippet: under section 39.806(1)(d). Such a holding is consistent with section 39.806(1)(d)’s purpose of protecting…. The mother’s petition was based on section 39.806(1)(d), Florida Statutes (2023), which allows termination…incarceration” for purposes of section 39.806(1)(d). At the ensuing hearing, the father testified…“incarcerated” within the meaning of section 39.806(1)(d). Following the hearing, the trial court concluded… not “incarcerated” as it relates to section 39.806(1)(d) and dismissed the mother’s petition. In so doing

Statewide Guardian ad Litem Office v. C.C. & Department of Children and Families v. C.C.

Court: Fla. | Date Filed: 2024-03-07T00:00:00-08:00

Snippet: statutory ground in section 39.806(1), Florida Statutes (2021), exists. See § 39.806(1), Fla. Stat. (2021); §…out-of-home care for 12 of the last 22 months. § 39.806(1)(b), (c), (j), (e)3., Fla. Stat. 8 case plan …court found statutory grounds under section 39.806(1)(b) (abandonment) and (1)(c) (continuing involvement

Statewide Guardian ad Litem Office v. C.C. & Department of Children and Families v. C.C.

Court: Fla. | Date Filed: 2024-03-07T00:00:00-08:00

J.M. v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-27T00:00:00-08:00

Snippet: evidence to support termination pursuant to section 39.806(1)(c), Florida Statutes, which provides for termination…at a minimum, on the ground stated in section 39.806(1)(c). The mother does not challenge the trial court

HAYET NASER MOLINA v. ALFREDO JOSE SALVI FUENMAYOR

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-01T00:00:00-07:00

Snippet: 3 provision of services (§ 39.806(1)(c)); egregious conduct (§ 39.806(1)(f)); and conspiracy or solicitation…statutory grounds for termination pursuant to § 39.806(1), Florida Statutes (2023). Because competent substantial… four statutory grounds: (1) abandonment (§ 39.806(1)(b)); (2) conduct threatening the life, safety, …solicitation to murder the other parent (§ 39.806(1)(h)). The Mother timely appealed. II. ANALYSIS… 4 set forth in section 39.806(1); (2) termination is in the manifest best interest

L.C., FATHER OF J.C.C.O., A CHILD vs E.O., MOTHER OF J.C.C.O., A CHILD

Court: Fla. Dist. Ct. App. | Date Filed: 2023-10-31T00:00:00-07:00

Snippet: reunification is not required where, under section 39.806(1)(m)[, Florida Statutes], a child has been conceived…903 So. 2d 1034, 1040 (Fla. 2d DCA 2005))); § 39.806(1)(m), Fla. Stat. (2022) (“It is presumed that termination

HEART OF ADOPTIONS, INC. v. DEPT. OF CHILDREN & FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-08T00:00:00-07:00

Snippet: parental rights has been filed pursuant to s. 39.806(1)(f), (g), or (h); 7. What is best for…parental rights has been filed pursuant to s. 39.806(1)(f), (g), or (h); 7. What is best for

C.F., FATHER OF B.A.F. AND C.B.F., CHILDREN vs DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-27T00:00:00-07:00

Snippet: harmful to his children pursuant to section 39.806(1)(d)3., Florida Statutes (2021). We agree and reverse…case plan although able to do so under section 39.806(1)(e), Florida Statutes; engaged in a course of conduct…threatened their wellbeing under section 39.806(1)(c), Florida Statutes; and that continuing the parental…would be harmful to the children under section 39.806(1)(d)3., Florida Statutes. At the trial, it…not comply with the case plan under section 39.806(1)(e) or that he “engaged in a course of conduct toward

C.H., THE FATHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-26T00:00:00-07:00

Snippet: standard of review” and noting that section 39.806(1)(f), Florida Statutes, “permits termination of parental

H.J., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-05T00:00:00-07:00

Snippet: dispassionate handling of this troubling case. § 39.806(1)(f), Fla. Stat. (2022); see also § 39.806(2), Fla…So. 3d 773, 778 (Fla. 3d DCA 2023) (“Section 39.806(1)(f) permits termination of parental rights to siblings…2021) (upholding constitutionality of section 39.806(1)(f)). Affirmed.

S.M.O., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-28T23:53:00-08:00

Snippet: terminating the Mother’s rights: § 39.806(1)(f) and § 39.806(1)(g). Relevant here is subsection…3. Proof of a Nexus of Harm (§ 39.806(1)(f)) Section 39.806(1)(f) permits termination of parental…egregious conduct under § 39.806(1)(f): Padgett and F.L. We 6 Section 39.806(1)(h), which has to do with…constitutionality of § 39.806(1)(f): Neither opinion dealt with section 39.806(1)(f) …rights to D.G.C. under § 39.806(1)(f). We also conclude that § 39.806(1)(f) is constitutional and that

DEPARTMENT OF CHILDREN AND FAMILIES vs S.S.L. AND M.D., PARENTS OF O.D., A CHILD

Court: Fla. Dist. Ct. App. | Date Filed: 2022-12-08T00:00:00-08:00

Snippet: petition to terminate parental rights.” See §§ 39.806(1), 39.810, Fla. Stat. (2021). The Florida Supreme…statutory ground for termination as to O.D. See § 39.806(1)(f). But it improperly concluded that termination…one statutory ground for termination. Section 39.806(1)(f) provides that termination of parental rights…outrageous by a normal standard of conduct.” See § 39.806(1)(f)2. No nexus between egregious conduct to one…potential harm to her sibling is required. See § 39.806(1)(f). The matter proceeded to trial.

C.C., FATHER OF L.A., A CHILD vs DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-14T00:00:00-08:00

Snippet: of the last 22 months, pursuant to section 39.806(1)(b), (1)(c), and (1)(e)3., Florida Statutes (2021…paragraphs (3) and (4), now renumbered as section 39.806(1)(c) and (1)(f). R.W., 228 So. 3d 730 at 733

S.H., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES,et al.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-06T00:53:00-07:00

Snippet: child irrespective of services, pursuant to 39.806(1)(c), Florida Statutes (2021), and failure to substantially…comply with the case plan, pursuant to section 39.806(1)(e)1., Florida Statutes. 1 Because these statutory…child irrespective of services under section 39.806(1)(c), Florida Statutes; (2) failure to substantially…adjudication of dependency under section 39.806(1)(e)1., Florida Statutes; and (3) failure to substantially…of the last twenty-two months under section 39.806(1)(e)3., Florida Statutes. The court convened