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Florida Statute 806.01 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XLVI
CRIMES
Chapter 806
ARSON AND CRIMINAL MISCHIEF
View Entire Chapter
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
(c) Any other structure that he or she knew or had reasonable grounds to believe was occupied by a human being,

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

Jose Diaz v. Miguel Triana Alvarez

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: injuries resulted from another accident); § 90.806(1), Fla. Stat. (2024) (“When a hearsay statement

Department of Children and Families and the Statewide Guardian Ad Litem Office v. C.R., Mother of J.C.J., J.D.M., W.C.L.C., W.D.L., and Z.C., Children and W.C., Father of W.C.L.C. and Z.C., Children

Court: District Court of Appeal of Florida | Date Filed: 2024-11-25

Snippet: mother’s parental rights pursuant to section 39.806(1)(l), Florida Statutes (2022). That statute provides

J.R., Mother of K.B., a Child v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2024-11-14

Snippet: failed to protect W.G. from injury. Section 39.806(1)(f), Florida Statutes (2023), permits termination

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: District Court of Appeal of Florida | Date Filed: 2024-09-04

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

FERNANDEZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-08-16

Snippet: Fernandez's prior record under section 90.806(1), Florida Statutes (2021), which provides:

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

Court: District Court of Appeal of Florida | Date Filed: 2024-08-07

Snippet: termination of her parental rights, (1) section 39.806(1)(c), Florida Statutes (2022) (irrespective of the

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

Court: District Court of Appeal of Florida | Date Filed: 2024-06-26

Snippet: 3d 521, 523–24 (Fla. 5th DCA 2022) (citing §§ 39.806(1), 39.810, Fla. Stat. (2021); Padgett v. Dep’t of

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

Court: District Court of Appeal of Florida | Date Filed: 2024-05-29

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: District Court of Appeal of Florida | Date Filed: 2024-03-22

Snippet: 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: District Court of Appeal of Florida | Date Filed: 2024-03-13

Snippet: The mother’s petition was based on section 39.806(1)(d), Florida Statutes (2023), which allows termination

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

Court: Supreme Court of Florida | Date Filed: 2024-03-07

Snippet: out-of-home care for 12 of the last 22 months. § 39.806(1)(b), (c), (j), (e)3., Fla. Stat. 8 case plan

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

Court: Supreme Court of Florida | Date Filed: 2024-03-07

Snippet: out-of-home care for 12 of the last 22 months. § 39.806(1)(b), (c), (j), (e)3., Fla. Stat. 8 case plan

J.M. v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2023-11-27

Snippet: evidence to support termination pursuant to section 39.806(1)(c), Florida Statutes, which provides for termination

HAYET NASER MOLINA v. ALFREDO JOSE SALVI FUENMAYOR

Court: District Court of Appeal of Florida | Date Filed: 2023-11-01

Snippet: statutory grounds for termination pursuant to § 39.806(1), Florida Statutes (2023). Because competent substantial

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

Court: District Court of Appeal of Florida | Date Filed: 2023-10-31

Snippet: reunification is not required where, under section 39.806(1)(m)[, Florida Statutes], a child has been conceived

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

Court: District Court of Appeal of Florida | Date Filed: 2023-09-08

Snippet: 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: District Court of Appeal of Florida | Date Filed: 2023-07-27

Snippet: harmful to his children pursuant to section 39.806(1)(d)3., Florida Statutes (2021). We agree and reverse

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

Court: District Court of Appeal of Florida | Date Filed: 2023-07-26

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: District Court of Appeal of Florida | Date Filed: 2023-07-05

Snippet: dispassionate handling of this troubling case. § 39.806(1)(f), Fla. Stat. (2022); see also § 39.806(2), Fla

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

Court: District Court of Appeal of Florida | Date Filed: 2023-03-01

Snippet: turn. 1. Unpled Statutory Ground (§ 39.806(1)(g)) “[B]efore terminating parental rights