Florida Statute 810.15 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 810
BURGLARY AND TRESPASS

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F.S. 810.15

810.15 Residential picketing.—

(1) As used in this section, the term “dwelling” means a building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families.

(2) It is unlawful for a person to picket or protest before or about the dwelling of any person with the intent to harass or disturb that person in his or her dwelling.

(3) A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) Before a person may be arrested for a violation of this section, a law enforcement officer, as defined in s. 943.10(1), or a local, state, federal, or military law enforcement agency must go as near to the person as may be done with safety and shall command any person picketing or protesting before or about the dwelling of a person to immediately and peaceably disperse. If any such person does not thereupon immediately and peaceably disperse, he or she may be arrested for a violation of this section.

History.—s. 1, ch. 2022-118.

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Amendments to 810.15

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 810.15

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

S810.15 2 - PUBLIC ORDER CRIMES - PICKET PROTEST NEAR DWELLING HARASS OR DISTURB - M: S

Cases Citing Statute 810.15

Total Results: 36

Jose Jimenez v. Florida Dept. of Corrections

481 F.3d 1337, 2007 U.S. App. LEXIS 6803, 2007 WL 866226

Court of Appeals for the Eleventh Circuit | Filed: Mar 23, 2007 | Docket: 398883

Cited 74 times | Published

interpretation of the burglary statute. Fla. Stat. § 810.015. This statute was effective retroactively to February

Bradley v. State

33 So. 3d 664, 2010 WL 26522

Supreme Court of Florida | Filed: Apr 22, 2010 | Docket: 1649392

Cited 45 times | Published

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

Aguirre-Jarquin v. State

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

Supreme Court of Florida | Filed: Mar 26, 2009 | Docket: 401036

Cited 44 times | Published

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

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

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

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426739

Cited 44 times | Published

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

Johnson v. Florida Department of Corrections

513 F.3d 1328, 2008 U.S. App. LEXIS 997, 2008 WL 152181

Court of Appeals for the Eleventh Circuit | Filed: Jan 17, 2008 | Docket: 2030852

Cited 39 times | Published

premises need not remain surreptitiously and adopted § 810.015, which expressly stated the legislature's intent

Floyd v. State

850 So. 2d 383, 2002 WL 1926223

Supreme Court of Florida | Filed: Jun 12, 2003 | Docket: 1783692

Cited 24 times | Published

Governor approved House Bill 953, which created section 810.015(2), Florida Statutes (2001). See ch.2001-58

Fitzpatrick v. State

859 So. 2d 486, 2003 WL 22097432

Supreme Court of Florida | Filed: Sep 11, 2003 | Docket: 466990

Cited 14 times | Published

consent may be proven by circumstantial evidence. § 810.015, Fla. Stat. (2001); see also ch.2001-58, § 1 at

Carter v. State

980 So. 2d 473, 2008 WL 382710

Supreme Court of Florida | Filed: Feb 14, 2008 | Docket: 1736134

Cited 12 times | Published

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

Delgado v. State

948 So. 2d 681, 2006 WL 3313734

Supreme Court of Florida | Filed: Nov 16, 2006 | Docket: 564085

Cited 12 times | Published

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

State v. Ruiz

863 So. 2d 1205, 2003 WL 22964652

Supreme Court of Florida | Filed: Dec 18, 2003 | Docket: 1728642

Cited 11 times | Published

2001-58, LAWS OF FLORIDA, WHICH IS CODIFIED AT SECTION 810.015, FLORIDA STATUTES (2002), APPLIES TO CONDUCT

Braggs v. State

815 So. 2d 657, 2002 WL 215474

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 1681611

Cited 9 times | Published

2001-58, Laws of Florida, as follows: Section 1. Section 810.015, Florida Statutes, is created to read: 810

RC v. State

793 So. 2d 1078, 2001 WL 883156

District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 1266267

Cited 8 times | Published

J., and SILBERMAN, J., Concur. NOTES [1] Section 810.015, Florida Statutes (2001), nullifies Delgado

Miller v. State

828 So. 2d 445, 2002 WL 31355463

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 429847

Cited 6 times | Published

the remaining was done surreptitiously. In section 810.015, Florida Statutes (2001), the legislature expressed

Delgado v. Florida Department of Corrections

659 F.3d 1311, 2011 U.S. App. LEXIS 20747, 2011 WL 4840588

Court of Appeals for the Eleventh Circuit | Filed: Oct 13, 2011 | Docket: 844689

Cited 5 times | Published

("Delgado I"), superseded by statute, Fla. Stat. § 810.015. B. A grand jury indicted Delgado for two counts

Schrack v. State

793 So. 2d 1102, 2001 WL 985784

District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 1267190

Cited 5 times | Published

(H.B. 953)(West)(to be codified at Fla. Stat. § 810.015). This nullification, however, operates retroactively

Robinson v. State

989 So. 2d 747, 2008 WL 4180266

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 1214426

Cited 4 times | Published

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

Mosley v. State

842 So. 2d 855, 2002 WL 31889990

District Court of Appeal of Florida | Filed: Dec 31, 2002 | Docket: 1439511

Cited 4 times | Published

the Florida Legislature subsequently enacted section 810.015, Florida Statutes (2001), which states that

MacKey v. State

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

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 2416394

Cited 3 times | Published

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

Foster v. State

861 So. 2d 434, 2002 WL 1285453

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 462982

Cited 3 times | Published

2001-58, section 1, Laws of Florida (codified at section 810.015, Fla. Stat. (2001)), does not render Delgado

Ruiz v. State

841 So. 2d 468, 2002 WL 214760

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 1234007

Cited 3 times | Published

NOTES [1] We are aware of the creation of section 810.015, Florida Statutes (2001) by which the legislature

Patrick Albert Evans v. State of Florida

177 So. 3d 1219, 40 Fla. L. Weekly Supp. 700, 2015 Fla. LEXIS 2538, 2015 WL 7008526

Supreme Court of Florida | Filed: Nov 12, 2015 | Docket: 3012078

Cited 2 times | Published

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

Ducas v. State

84 So. 3d 1212, 2012 WL 1192035

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 60306629

Cited 2 times | Published

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

Harris v. State

48 So. 3d 922, 2010 Fla. App. LEXIS 17699, 35 Fla. L. Weekly Fed. D 2562

District Court of Appeal of Florida | Filed: Nov 19, 2010 | Docket: 2400760

Cited 2 times | Published

dwelling, structure, or conveyance surreptitiously. § 810.015 Fla. Stat. (2007)(emphasis added). The legislative

Burnes v. State

861 So. 2d 78, 2003 WL 22455284

District Court of Appeal of Florida | Filed: Oct 29, 2003 | Docket: 400876

Cited 2 times | Published

(and that Delgado survived the enactment of section 810.015) was recently confirmed by Fitzpatrick v. State

Armen J. Pilafjian v. State

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

District Court of Appeal of Florida | Filed: Feb 10, 2017 | Docket: 4586786

Cited 1 times | Published

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

Sharpe v. State

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

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 64847805

Cited 1 times | Published

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

Wiggins v. State

933 So. 2d 1224, 2006 WL 1982601

District Court of Appeal of Florida | Filed: Jul 18, 2006 | Docket: 1711947

Cited 1 times | Published

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

Alexandre v. State

834 So. 2d 344, 2003 WL 49528

District Court of Appeal of Florida | Filed: Jan 8, 2003 | Docket: 1328975

Cited 1 times | Published

of overturning Delgado by the enactment of section 810.015, Fla. Stat. The statute contains a provision

VOLVICK VASSOR v. STATE OF FLORIDA

244 So. 3d 1121

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716302

Published

was decided, the Florida Legislature passed section 810.015, Florida Statutes (2001), which amended the

Patrick Albert Evans v. State of Florida Corrected Opinion

Supreme Court of Florida | Filed: Dec 10, 2015 | Docket: 3019910

Published

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

Sturdivant v. State

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

District Court of Appeal of Florida | Filed: Sep 7, 2010 | Docket: 60306575

Published

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

State v. Robinson

936 So. 2d 1198, 2006 WL 2505175

District Court of Appeal of Florida | Filed: Aug 31, 2006 | Docket: 1161605

Published

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

Ray v. State

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

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 64845749

Published

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

Smith v. Crosby

872 So. 2d 279, 2004 WL 574427

District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 2530617

Published

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

Skellie v. State

849 So. 2d 1220, 2003 Fla. App. LEXIS 11143, 2003 WL 21713785

District Court of Appeal of Florida | Filed: Jul 25, 2003 | Docket: 64824063

Published

structure, or conveyance surreptitiously. See § 810.015(1), Fla. Stat. (2002). While consensual entry

R.C. v. State

793 So. 2d 1078, 2001 Fla. App. LEXIS 11074

District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 64808204

Published

NORTHCUTT, A.C.J., and SILBERMAN, J., Concur. . Section 810.015, Florida Statutes (2001), nullifies Delgado