Florida Statutes

Fla. Stat. § 817.233 (2025)

Burning to defraud the insurer.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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817.233 Burning to defraud the insurer.—Any person who willfully and with intent to injure or defraud the insurer sets fire to or burns or attempts so to do or who causes to be burned or who aids, counsels or procures the burning of any building, structure or personal property, of whatsoever class or character, whether the property of himself or herself or of another, which shall at the time be insured by any person against loss or damage by fire, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 15602, 1931; CGL 1936 Supp. 7208(12); s. 791, ch. 71-136; s. 65, ch. 74-383; s. 1252, ch. 97-102.

Note.—Former s. 806.06.

Arrestable Offenses under F.S. 817.233

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§817.233ARSONBURN W INTENT TO INJURE DEFRAUD INSURERF · 3rd

Notes of Decisions

Cited in 8 cases, 1983–2019 · leading case: Linehan v. State, 442 So. 2d 244 (Fla. 2d DCA 1983).

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Linehan v. State, 442 So. 2d 244 (Fla. 2d DCA 1983). · cites it 2× “For example, section 817.233, Florida Statutes (1981), defines a specific intent crime when it refers to "any person who willfully and with intent to injure or defraud the insuror sets fire to .”

Watson v. State, 655 So. 2d 1250 (Fla. 1st DCA 1995). · cites it 2× “234(1)(a), Florida Statutes, and burning with the intent to defraud in violation of section 817.233, Florida Statutes, where he was also convicted of grand theft, because all three crimes are in the nature of theft offenses.”

Bell v. State, 650 So. 2d 1032 (Fla. 5th DCA 1995). · cites it 2× “[2] § 817.233, Fla. Stat. (1991). [3] § 817.234, Fla.”

Callahan v. State, 504 So. 2d 434 (Fla. 2d DCA 1987). · cites it 2× “Burning to defraud an insurer, which the trial judge considered a lesser offense, is *435 proscribed by section 817.233, Florida Statutes (1985).”

Berry v. State, 566 So. 2d 22 (Fla. 1st DCA 1990). · cites it 3× “For reasons not expressed or made known to us, the state did not charge appellant with the offense of burning to defraud an insurer in violation of section 817.233, Florida Statutes. The evidence presented at trial revealed the following pertinent facts.”

State of Florida v. James Francis Kigar (Fla. 4th DCA 2019). · cites it 2× “(2016) (“with a fraudulent intent”); § 817.233, Fla. Stat. (2016) (“willfully and with intent to injure or defraud”); § 817.”

Perez v. State, 120 So. 3d 168 (Fla. 2d DCA 2013). · cites it 2× “(2009), and burning to defraud an insurer, § 817.233, Fla. Stat. (2009). Perez had moved for judgment of acquittal on both charges.”

Romano v. Dep't of Bus. & Prof'l, 948 So. 2d 938 (Fla. 5th DCA 2007). · cites it 2× “§ 817.233, Fla. Stat. . § 812.014(2)(b), Fla.”

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