The 2023 Florida Statutes
Moreover, state law enforcement officers have numerous criminal statutes at their disposal that prohibit and punish unlawful conduct, and which protect public safety and private property. This non-exhaustive list includes, but is not limited to , Disorderly Conduct, § 877.03, Fla. Stat.; Affray, § 877.01(1), Fla. Stat.; Criminal Mischief, § 806.13, Fla. Stat.; Arson, § 806.01, Fla. Stat.; Fire bombs, § 806.111, Fla. Stat.; Assault, § 784.011, Fla. Stat.; Aggravated Assault, § 784.021, Fla. Stat.; Battery and Felony Battery, § 784.03, Fla. Stat.; Aggravated Battery, § 784.045, Fla. Stat.; Assault or Battery on Law Enforcement, § 784.07, Fla. Stat.; Assault or Battery on Person 65 or Older, § 784.08, Fla. Stat.; Trespassing §§ 810.08 – 09, Fla. Stat.; Burglary, § 810.02, Fla. Stat.; Mob Intimidation, § 784.0495, Fla. Stat.; Resisting Officer With Violence, § 843.01, Fla. Stat.; Resisting Officer Without Violence, § 843.02, Fla. Stat.; Obstruction by Disguised Person, § 843.03, Fla. Stat.; Unlawful Assemblies, § 870.02, Fla. Stat.; and Destroying/Demolishing Memorial or Historic Property, § 806.135, Fla. Stat.
(2) transporting a fire bomb: transporting a fire bomb with the intent that such fire bomb be willfully and unlawfully used to damage by fire or explosion any structure or property, or aiding and abetting the same, contrary to Florida Statutes 806.111(1) and 777.011 (2011).
Neither did the evidence prove Moore guilty of the fire bomb charge. Section 806.111, Florida Statutes (1997), makes it illegal to possess, manufacture, transport or dispose of a fire bomb, defined as "a container containing flammable or combustible liquid, or any incendiary chemical mixture or compound having a wick or similar device capable of being ignited or other means capable of causing ignition[.]" Here, the evidence showed that Moore possessed a container with a wick or similar device, but there was no proof that it contained a flammable or combustible liquid.
We conclude that the possession of a fire bomb with the intent to use it to willfully damage any structure or property by fire or explosion, as defined by Fla. Stat. § 806.111, is inherently conduct that presents a serious potential risk of physical injury to another person. Accordingly, the district court properly concluded that Jackson's conviction for possession of a fire bomb under Fla. Stat. § 806.111 was a crime of violence for career-offender purposes.
6. Chapter 88-381, § 46, Laws of Florida, amends Section 806.111(1)(b), Florida Statutes, which defines "fire bomb." The definition in the instruction on page 129 of the manual should be amended to conform to the statute as follows:
The defendant-appellee was charged with possession of a fire bomb in violation of Section 806.111, Florida Statutes (1979). The trial court granted her sworn motion to dismiss under Fla.R.Crim.P. 3.190(c)(4) and the state appeals. The order is manifestly erroneous and is reversed.
Where an officer of state government, while engaged in performing his lawful duties, observes contraband or criminal evidence, he may seize the items and they are admissible in evidence, cf., Bretti v. Wainwright, 439 F.2d 1042 (5th Cir. 1971), cert. den. 404 U.S. 943, 92 S.Ct. 293, 30 L.Ed.2d 257; United States v. Green, 474 F.2d 1385 (5th Cir. 1973); State v. Parnell, 221 So.2d 129, on rehearing 233 So.2d 437 (Fla. 1969); Boim v. State, 194 So.2d 313 (3d D.C.A.Fla. 1967); Farrington v. State, 207 So.2d 513 (3d D.C.A.Fla. 1968); Riley v. State, 263 So.2d 200 (Fla. 1972); and Powers v. State, 271 So.2d 462 (1st D.C.A.Fla. 1973). There has been no suggestion in this case that the Fire Chief was not lawfully aboard the sailboat for proper firefighting and fire control purposes. At this time he was an ex-officio agent of the state Fire Marshal (§ 633.121, F.S.). While aboard the boat for a lawful and obviously necessary public safety reason, the Fire Chief observed the incriminating evidence. These items, which he saw in plain view while performing his lawful duties, were seized and removed for public safety reasons. But even if he had not removed the materials for safety reasons…
Appellant seeks review of a judgment and sentence entered against him following a jury verdict of guilty in response to a Bill of Information charging him with "Possession of a Fire Bomb," as prohibited by F.S. § 806.111, F.S.A.
Florida Statutes § 933.19, F.S.A. has specifically adopted the Carroll decision. The warrantless search in the instant case was proper if the arresting officer had probable cause to believe that contraband was being transported in the car. Fire-bombs are made contraband by Fla. Stat. § 806.111, F.S.A. The arresting officer had a report that a person fitting appellee's description had threatened to burn down the tavern. A person fitting appellee's description was seen in the vicinity of the building in the company of two other people, one of whom had a bottle of some type. Police officers had followed these suspects from the vicinity of the threatened building to the place where the search was conducted and had found weapons and a firebomb in appellee's car. Considering the above-mentioned facts, the arresting officer had probable cause to conduct the search for weapons as well as for contraband, i.e., a firebomb. See also Sessions v. State, Fla.App. 1968, 213 So.2d 614.
. . . Section 806.111, Florida Statutes (1997), makes it illegal to possess, manufacture, transport or dispose . . .
. . . . § 806.111, as a crime of violence under U.S.S.G. § 4B1.2(a). . . . Stat. § 806.111, is inherently conduct that presents a serious potential risk of physical injury to another . . . Stat. § 806.111 was a crime of violence for career-offender purposes. AFFIRMED. . . .
. . . Chapter 88-381, § 46, Laws of Florida, amends Section 806.111(l)(b), Florida Statutes, which defines . . .
. . . The defendant-appellee was charged with possession of a fire bomb in violation of Section 806.111, Florida . . .
. . . See also: Florida Statutes, Sec. 806.111 which defines “firebombs” and declares them to be contraband . . .
. . . . § 806.111, F.S.A. . . .
. . . . § 806.111, F.S.A. . . .