Florida Statute 810.015 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 810
BURGLARY AND TRESPASS

View Entire Chapter

F.S. 810.015

810.015 Legislative findings and intent; burglary.—

(1) The Legislature finds that the case of Delgado v. State, 776 So. 2d 233 (Fla. 2000), was decided contrary to legislative intent and the case law of this state relating to burglary prior to Delgado v. State. The Legislature finds that in order for a burglary to occur, it is not necessary for the licensed or invited person to remain in the dwelling, structure, or conveyance surreptitiously.

(2) It is the intent of the Legislature that the holding in Delgado v. State, 776 So. 2d 233 (Fla. 2000) be nullified. It is further the intent of the Legislature that s. 810.02(1)(a) be construed in conformity with Raleigh v. State, 705 So. 2d 1324 (Fla. 1997); Jimenez v. State, 703 So. 2d 437 (Fla. 1997); Robertson v. State, 699 So. 2d 1343 (Fla. 1997); Routly v. State, 440 So. 2d 1257 (Fla. 1983); and Ray v. State, 522 So. 2d 963 (Fla. 3rd DCA, 1988). This subsection shall operate retroactively to February 1, 2000.

(3) It is further the intent of the Legislature that consent remain an affirmative defense to burglary and that the lack of consent may be proven by circumstantial evidence.

(4) The Legislature finds that the cases of Floyd v. State, 850 So. 2d 383 (Fla. 2002); Fitzpatrick v. State, 859 So. 2d 486 (Fla. 2003); and State v. Ruiz/State v. Braggs, Slip Opinion Nos. SC02-389/SC02-524 were decided contrary to the Legislative intent expressed in this section. The Legislature finds that these cases were decided in such a manner as to give subsection (1) no effect. The February 1, 2000, date reflected in subsection (2) does not refer to an arbitrary date relating to the date offenses were committed, but to a date before which the law relating to burglary was untainted by Delgado v. State, 776 So. 2d 233 (Fla. 2000).

(5) The Legislature provides the following special rules of construction to apply to this section:

(a) All subsections in this section shall be construed to give effect to subsection (1);

(b) Notwithstanding s. 775.021(1), this section shall be construed to give the interpretation of the burglary statute announced in Delgado v. State, 776 So. 2d 233 (Fla. 2000), and its progeny, no effect; and

(c) If language in this section is susceptible to differing constructions, it shall be construed in such manner as to approximate the law relating to burglary as if Delgado v. State, 776 So. 2d 233 (Fla. 2000) was never issued.

(6) This section shall apply retroactively.

History.—s. 1, ch. 2001-58; s. 1, ch. 2004-93.

F.S. 810.015 on Google Scholar

F.S. 810.015 on Casetext

Amendments to 810.015

Arrestable Offenses / Crimes under Fla. Stat. 810.015

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 810.015.

Annotations, Discussions, Cases:

Cases Citing Statute 810.015

Total Results: 20

VOLVICK VASSOR v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-05-16

Citation: 244 So. 3d 1121

Snippet: decided, the Florida Legislature passed section 810.015, Florida Statutes (2001), which amended the burglary

Armen J. Pilafjian v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-02-10

Citation: 210 So. 3d 738, 2017 WL 539855, 2017 Fla. App. LEXIS 1645

Snippet: 421 So.2d 510, 510-11 (Fla. 1982); see also § 810.015, Fla. Stat. (2015). If a defendant meets his burden

Patrick Albert Evans v. State of Florida Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2015-12-10

Snippet: State, 9 So. 3d 593, 605 (Fla. 2009) (quoting § 810.015(3), Fla. Stat. (2004)). In circumstantial evidence

Patrick Albert Evans v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2015-11-12

Citation: 177 So. 3d 1219, 40 Fla. L. Weekly Supp. 700, 2015 Fla. LEXIS 2538

Snippet: State, 9 So.3d 593, 605 (Fla.2009) (quoting § 810.015(3), Fla. Stat. (2004)). In circumstantial evidence

Ducas v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-04-11

Citation: 84 So. 3d 1212, 2012 WL 1192035

Snippet: S10.02(l)(b)2., Fla. Stat. (2008); see also § 810.015(l)-(6), Fla. Stat. (2008) (stating that Delgado

MacKey v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-03-14

Citation: 83 So. 3d 942, 2012 WL 832836, 2012 Fla. App. LEXIS 4063

Snippet: not have consent to enter the home. See e.g., § 810.015(3) Fla. Stat. (2010); State v. Hicks, 421 So.2d

Harris v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-11-19

Citation: 48 So. 3d 922, 2010 Fla. App. LEXIS 17699

Snippet: Legislature stated, in pertinent part, as follows: 810.015. Legislative findings and intent; burglary * *

Sturdivant v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-09-07

Citation: 84 So. 3d 1044, 2010 WL 3464410, 2010 Fla. App. LEXIS 13314

Snippet: inadequate), superseded on other grounds by statute, § 810.015, Fla. Stat. (2001); Mackerley v. State, 777 So

Bradley v. State

Court: Supreme Court of Florida | Date Filed: 2010-04-22

Citation: 33 So. 3d 664, 2010 WL 26522

Snippet: [18] Ch. 2001-58, § 1, Laws of Fla. (creating § 810.015(1), Florida Statutes (2002)). [19] Bradley's case

Aguirre-Jarquin v. State

Court: Supreme Court of Florida | Date Filed: 2009-03-26

Citation: 9 So. 3d 593, 34 Fla. L. Weekly Supp. 299, 2009 Fla. LEXIS 467, 2009 WL 775388

Snippet: judgment of acquittal on the burglary charge. Section 810.015(3), Florida Statutes (2004), provides, “It is further

Robinson v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-09-12

Citation: 989 So. 2d 747, 2008 WL 4180266

Snippet: entered the house as Wechman's invitee. See § 810.015(3), Fla. Stat. (2005) (stating that consent is

FL. DEPT. OF ENVIRONMENTAL PROTECTION v. Contractpoint Florida Parks, LLC

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 1260, 33 Fla. L. Weekly Supp. 493, 38 Envtl. L. Rep. (Envtl. Law Inst.) 20173, 2008 Fla. LEXIS 1240, 2008 WL 2678812

Snippet: prior judicial construction is seen in section 810.015, Florida Statutes (2004), in which the Legislature

Carter v. State

Court: Supreme Court of Florida | Date Filed: 2008-02-14

Citation: 980 So. 2d 473, 2008 WL 382710

Snippet: not broaden, the definition of burglary. See § 810.015(1)(2), Fla. Stat. (2002); ch.2001-58, § 1, Laws

Delgado v. State

Court: Supreme Court of Florida | Date Filed: 2006-11-16

Citation: 948 So. 2d 681, 2006 WL 3313734

Snippet: dwelling surreptitiously. Id. at 242, superseded by § 810.015, Fla. Stat. (2001).[2] At Delgado's new trial,

Sharpe v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-10-25

Citation: 941 So. 2d 1190, 2006 Fla. App. LEXIS 17824, 2006 WL 3020081

Snippet: particular, the trial court noted that under section 810.015, Florida Statutes (2002), even if appellant had

State v. Robinson

Court: District Court of Appeal of Florida | Date Filed: 2006-08-31

Citation: 936 So. 2d 1198, 2006 WL 2505175

Snippet: 2004-93, Laws of Florida, codified at section 810.015, Florida Statutes (2004). We disagree and affirm

Ray v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-07-26

Citation: 933 So. 2d 716, 2006 Fla. App. LEXIS 12402, 2006 WL 2057278

Snippet: decision in Delgado, the legislature passed section 810.015, Florida Statutes (2001), in which it stated that

Wiggins v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-07-18

Citation: 933 So. 2d 1224, 2006 WL 1982601

Snippet: superseded the supreme court's decision. See § 810.015(2), Fla. Stat. (2001). Because the jury instruction

Smith v. Crosby

Court: District Court of Appeal of Florida | Date Filed: 2004-03-24

Citation: 872 So. 2d 279, 2004 WL 574427

Snippet: noting that the Legislature's language in section 810.015(2) nullifying Delgado did not apply *282 because

Foster v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-12-24

Citation: 861 So. 2d 434, 2002 WL 1285453

Snippet: section 1, Laws of Florida (codified at section 810.015, Fla. Stat. (2001)), does not render Delgado inapplicable