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Florida Statute 810.011 | Lawyer Caselaw & Research
F.S. 810.011 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 810
BURGLARY AND TRESPASS
View Entire Chapter
F.S. 810.011
810.011 Definitions.As used in this chapter:
(1) “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term means a building of any kind or such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.
(2) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term includes such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.
(3) “Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term “conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car or such portions thereof as exist.
(4) An act is committed “in the course of committing” if it occurs in an attempt to commit the offense or in flight after the attempt or commission.
(5)(a) “Posted land” is land upon which any of the following are placed:
1. Signs placed not more than 500 feet apart along and at each corner of the boundaries of the land or, for land owned by a water control district that exists pursuant to chapter 298 or was created by special act of the Legislature, signs placed at or near the intersection of any district canal right-of-way and a road right-of-way, which prominently display in letters of not less than 2 inches in height the words “no trespassing” and the name of the owner, lessee, or occupant of the land. The signs must be placed along the boundary line of posted land in a manner and in such position as to be clearly noticeable from outside the boundary line; or
2.a. Conspicuous no trespassing notice is painted on trees or posts on the property, provided that the notice is:
(I) Painted in an international orange color and displaying the stenciled words “No Trespassing” in letters no less than 2 inches high and 1 inch wide either vertically or horizontally;
(II) Placed so that the bottom of the painted notice is not less than 3 feet from the ground or more than 5 feet from the ground; and
(III) Placed at locations that are readily visible to any person approaching the property and no more than 500 feet apart on agricultural land.
b. When a landowner uses the painted no trespassing posting to identify a no trespassing area, those painted notices must be accompanied by signs complying with subparagraph 1. and must be placed conspicuously at all places where entry to the property is normally expected or known to occur.
(b) It shall not be necessary to give notice by posting on any enclosed land or place not exceeding 5 acres in area on which there is a dwelling house in order to obtain the benefits of ss. 810.09 and 810.12 pertaining to trespass on enclosed lands.
(6) “Cultivated land” is that land which has been cleared of its natural vegetation and is presently planted with a crop, orchard, grove, pasture, or trees or is fallow land as part of a crop rotation.
(7) “Fenced land” is that land which has been enclosed by a fence of substantial construction, whether with rails, logs, post and railing, iron, steel, barbed wire, other wire, or other material, which stands at least 3 feet in height. For the purpose of this chapter, it shall not be necessary to fence any boundary or part of a boundary of any land which is formed by water.
(8) Where lands are posted, cultivated, or fenced as described herein, then said lands, for the purpose of this chapter, shall be considered as enclosed and posted.
(9) “Litter” means any garbage, rubbish, trash, refuse, debris, can, bottle, box, container, paper, tobacco product, tire, domestic or commercial appliance, mechanical equipment or part, building or construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, or farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.
(10) “Dump” means to dump, throw, discard, place, deposit, or dispose of any litter.
(11) “Commercial horticulture property” means any property that is cleared of its natural vegetation and is planted in commercially cultivated horticulture products that are planted, grown, or harvested. The term also includes property that is used for the commercial sale, use, or distribution of horticulture products.
(12) “Agricultural chemicals manufacturing facility” means any facility, and any properties or structures associated with the facility, used for the manufacture, processing, or storage of agricultural chemicals classified in Industry Group 287 contained in the Standard Industrial Classification Manual, 1987, as published by the Office of Management and Budget, Executive Office of the President.
(13) “Construction site” means any property upon which there is construction that is subject to building permit posting requirements.
History.s. 30, ch. 74-383; s. 1, ch. 76-46; s. 1, ch. 82-87; s. 1, ch. 92-351; s. 1, ch. 94-263; s. 1, ch. 94-307; s. 47, ch. 96-388; s. 13, ch. 99-188; s. 3, ch. 2001-182; s. 49, ch. 2001-279; s. 15, ch. 2006-289; s. 1, ch. 2007-123; s. 4, ch. 2007-244; s. 166, ch. 2020-2; s. 2, ch. 2023-236.

F.S. 810.011 on Google Scholar

F.S. 810.011 on Casetext

Amendments to 810.011


Arrestable Offenses / Crimes under Fla. Stat. 810.011
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 810.011.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 925 (Fla. 2018)

. . . "Unlawfully" means without a legitimate, lawful purpose. § 810.011(2), Fla. Stat. Dubose v. . . . Definitions; give as applicable. § 810.011(1), Fla. Stat. Dubose v. . . . See § 810.011(1), (2), and (3), Fla. Stat. . . . Definitions. §810.011(1) , Fla. Stat. ; and State v. . . . Definitions. § 810.011(2), Fla. Stat. Dubose v. State, 210 So.3d 641 (Fla. 2017). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 256 So. 3d 1316 (Fla. 2018)

. . . . § 810.011(2), Fla. Stat. ; Dubose v. State, 210 So.3d 641 (Fla. 2017). . . . Stat., and § 810.011(5)(a), Fla. Stat. . . .

UNITED STATES v. URBINA- FUENTES,, 900 F.3d 687 (5th Cir. 2018)

. . . . § 810.011(2) (West 2008). U.S.S.G. § 2L1.2 cmt. (B)(iii); see United States v. . . . Ann. § 810.011(2) (West 2008) (emphasis added). Descamps v. . . .

E. C. a v. STATE, 242 So. 3d 517 (Fla. App. Ct. 2018)

. . . ." § 810.011(1), Fla. Stat. (2016). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 238 So. 3d 192 (Fla. 2018)

. . . . § 810.011(1), Fla. Stat. Dubose v. State, 210 So.3d 641 (Fla. 2017). . . . The enclosure need not be continuous as it may have an ungated opening for entering and exiting.] § 810.011 . . .

I. L. a v. STATE, 240 So. 3d 81 (Fla. App. Ct. 2018)

. . . See § 810.011 (5) -(8), Fla. Stat. (2016). . . .

UNITED STATES v. HERROLD,, 883 F.3d 517 (5th Cir. 2018)

. . . . § 810.011 (1983) ; Ga. Code Ann . § 16-7-1 (1984); Haw. Rev. . . . Stat . § 810.011(2) ; Ga. Code Ann . § 16-7-1 ; Haw. Rev. Stat . § 708-800 ; 720 Ill. Comp. Stat. . . .

UNITED STATES v. OSCAR, a. k. a. ZB, a. k. a. a. k. a., 877 F.3d 1270 (11th Cir. 2017)

. . . Subsequently, this Court held that a Florida burglary conviction under Florida Statute §§ 810.02(l)(b)(l) and 810.011 . . . Esprit, this Court held that a Florida burglary conviction under Florida Statute §§ 810.02(l)(b)(l) and 810.011 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 229 So. 3d 295 (Fla. 2017)

. . . . § 810.011(1), Fla. Stat; Dubose v. State, 210 So. 3d 641 (Fla. 2017). . . . The enclosure need not be continuous as it may have an ungat-ed opening for entering and exiting.] § 810.011 . . . engagement for prostitution or lewdness or any act in furtherance of such appointment or engagement. § 810.011 . . . The enclosure need not be continuous as it may have an ungat-ed opening for entering and exiting.] § 810.011 . . . The enclosure need not be continuous as it may have an ungat-ed opening for entering and exiting.] § 810.011 . . .

SAINT- FORT, v. STATE, 222 So. 3d 624 (Fla. Dist. Ct. App. 2017)

. . . See § 810.011, Fla. Stat. (2015). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 217 So. 3d 965 (Fla. 2017)

. . . . § 810.011(1), Fla. Stat. . . . . § 810.011(3), Fla. Stat. . . . See § 810.011(1), (2), and (3), Fla. Stat. . . . reduction in the presence of or response time for first responders or homeland security personnel. § 810.011 . . .

MORLAS, v. STATE, 211 So. 3d 286 (Fla. Dist. Ct. App. 2017)

. . . .” § 810.011(2), Fla. Stat. . . .

KING, v. UNITED STATES, 233 F. Supp. 3d 1349 (S.D. Fla. 2017)

. . . . § 810.011(1) (West 1995); see also Henry v. State, 707 So.2d 370, 372 (Fla. 1st DGA 1998). . . .

LEONE, v. UNITED STATES, 233 F. Supp. 3d 1366 (S.D. Fla. 2017)

. . . . § 810.011(1) (1989). . . .

UNITED STATES v. GARCIA- MARTINEZ,, 845 F.3d 1126 (11th Cir. 2017)

. . . . § 810.011(2) (emphasis added). . . . Stat. § 810.011(2) (emphasis added). . . .

UNITED STATES v. ESPRIT,, 841 F.3d 1235 (11th Cir. 2016)

. . . . § 810.011(2); see also id. § 810.011(1) (defining “structure” as “a building of any kind, either temporary . . . Id. § 810.011(2). . . . Id. § 810.011(1). . . .

MEDRANO, v. STATE, 199 So. 3d 413 (Fla. Dist. Ct. App. 2016)

. . . .” § 810.011(2), Fla. Stat. (2013). . . . .” § 810.011(1), Fla. Stat. (2013). . . . Section 810.011(2), Florida Statutes, does not require an attached porch to be completely enclosed to . . .

IN RE LEONARD,, 655 F. App'x 765 (11th Cir. 2016)

. . . . § 810.011(a)(1)). . . .

McELROY, v. STATE, 210 So. 3d 73 (Fla. Dist. Ct. App. 2016)

. . . See § 810.011(4), Fla. Stat. (1989); Carbajal v. State, 75 So.3d 258 (Fla.2011); DuBoise v. . . .

WOJCIESZAK, v. UNITED STATES, 196 F. Supp. 3d 1319 (S.D. Fla. 2016)

. . . Section 810.011 defines the term “structure” used in § 810.02 as “a building of any kind, either temporary . . . Section 810.011 defines- the term “dwelling” used in § 810.02 as a building or conveyance of any kind . . . Ann. § 810.011(2) (West 2007). . . . Lastly, § 810.011 defines the term “conveyance” as “any motor vehicle, ship, vessel, railroad vehicle . . . Ann. .§ 810.011(3) (West 2007). . . .

IN RE ADAMS,, 825 F.3d 1283 (11th Cir. 2016)

. . . . § 810.011(a)(1). It defines “dwelling” similarly. See id. § 810.011(a)(2). . . . Id. § 810.011(a)(3). . . . Stat. § 810.011(a)(1). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 190 So. 3d 614 (Fla. 2016)

. . . . § 810.011(2), Fla. Stat. . . . reduction in the presence of or response time for first responders or homeland security personnel. §■ 810.011 . . . Stat., and § 810.011(5)(a), Fla. Stat. . . .

UNITED STATES v. CASTRO- VAZQUEZ,, 176 F. Supp. 3d 13 (D.P.R. 2016)

. . . . § 810.011[2]). . . .

K. H. a v. STATE, 206 So.3d 66 (Fla. Dist. Ct. App. 2016)

. . . .” § 810.011(1), Fla. Stat. (2014). . . .

M. M. a v. STATE, 187 So. 3d 300 (Fla. Dist. Ct. App. 2016)

. . . . § 810.011(5)(a), Fla. Stat. (2014). . . .

C. B. S. a v. STATE, 184 So. 3d 611 (Fla. Dist. Ct. App. 2016)

. . . Section 810.011 details the requirements that must be met for the property to be considered posted or . . . not be necessary to fence any boundary or part of a boundary of any land which is formed by water. § 810.011 . . . Therefore, the property does not meet the legal definition of fenced land provided in section 810.011 . . . The case law is rife with examples of courts requiring strict compliance with section 810.011(5)(a)1. . . . The State argues that the posting of the property also complies with a different section of 810.011, . . .

UNITED STATES v. WALKER, a. k. a., 631 F. App'x 753 (11th Cir. 2015)

. . . . § 810.011(2), which takes the offense outside of the federal definition of “generic burglary.” . . .

UNITED STATES v. HOLMES, 143 F. Supp. 3d 1252 (M.D. Fla. 2015)

. . . . §§ 810.09, 810.011(1), 810.011(5) (2014). . . .

UNITED STATES v. CHISOLM, 166 F. Supp. 3d 1279 (M.D. Fla. 2015)

. . . .” § 810.011(1), Fla. Stat. (1986) (emphasis added). . . . structure” is defined for purposes of the burglary statute as including the curtilage of a building. § 810.011 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 176 So. 3d 938 (Fla. 2015)

. . . . § 810.011(1), Fla. Stat. . . . . § 810.011(8), Fla. Stat. . . . See § 810.011(1), (2), and (8), Fla. Stat. . . . reduction in the presence of or response time for first responders or homeland security personnel. § 810.011 . . .

UNITED STATES v. MATCHETT,, 802 F.3d 1185 (11th Cir. 2015)

. . . . § 810.011(2). . . .

J. CONNOLLY, Jr. v. STATE, 172 So. 3d 893 (Fla. Dist. Ct. App. 2015)

. . . . § 810.011(4), Fla. Stat. (2015). . . .

UNITED STATES v. PATTERSON,, 607 F. App'x 855 (11th Cir. 2015)

. . . . § 810.011(1). . . .

UNITED STATES v. DIAZ- MORALES, a. k. a., 595 F. App'x 932 (11th Cir. 2014)

. . . . § 810.011(2). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 146 So. 3d 1110 (Fla. 2014)

. . . . § 810.011(2), Fla. Stat. . . .

UNITED STATES v. GARCIA- MONTEJO,, 570 F. App'x 408 (5th Cir. 2014)

. . . . § 810.011(2) (West 2009) (emphasis added). . . . . Ann. § 810.011(2) (West 2009). . United States v. . . .

HIGGS, Sr. v. STATE, 139 So. 3d 411 (Fla. Dist. Ct. App. 2014)

. . . provided in this subparagraph, it shall not be necessary to give notice by posting as defined in s.810.011 . . . Smaller construction sites of one acre or less do not have to be “posted” in accordance with section 810.011 . . . For construction sites of more than one acre, warning signs must be posted in accordance with section 810.011 . . . apart along the boundaries of the land, and the lettering must be at least two inches in height. § 810.011 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 755 (Fla. 2013)

. . . . § 810.011(2) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether . . .

STATE v. C. CHAMPERS,, 125 So. 3d 337 (Fla. Dist. Ct. App. 2013)

. . . either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011 . . .

M. YOUNG, v. STATE, 141 So. 3d 161 (Fla. 2013)

. . . as to whether a structure undergoing substantial renovations constitutes a “dwelling” under section 810.011 . . . reasons that follow, we conclude that the building in question constitutes a dwelling under section 810.011 . . . Burglary of a Dwelling Florida’s burglary statute, section 810.011, defines dwelling as: a building or . . . See § 810.011(2), Fla. . . . See § 810.011(2), Fla. Stat. (2009). . . .

UNITED STATES v. RAM REZ,, 708 F.3d 295 (1st Cir. 2013)

. . . . § 810.011(3). . . . Id. § 810.011(2). . . . Stat. § 810.011(2), under Florida law is comparable to that presented when a generic burglary of a dwelling . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 109 So. 3d 721 (Fla. 2013)

. . . See § 810.011, Fla. Stat. (2012); State v. . . . Definitions; give as applicable. § 810.011(1), Fla. Stat. . . . . § 810.011(3), Fla. Stat. . . . See § 810.011(1), (2), and (3), Fla. Stat. . . . Stat., and § 810.011(5)(a), Fla. Stat. . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. BALDASSINI,, 909 F. Supp. 2d 1363 (S.D. Fla. 2012)

. . . . § 810.011(2)). . . .

STATE v. C. VINO,, 100 So. 3d 716 (Fla. Dist. Ct. App. 2012)

. . . ." § 810.011(s), Fla. Stat. (2007). In State v. . . .

D. T. a v. STATE, 87 So. 3d 1235 (Fla. Dist. Ct. App. 2012)

. . . See § 810.011(5), Fla. Stat. . . . probable cause to arrest for trespass, there must be evidence that the signs complied with section 810.011 . . . Section 810.011(5), Florida Statutes, provides as follows: (5)(a) "Posted land” is that land upon which . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 87 So. 3d 679 (Fla. 2012)

. . . . § 810.011(1), Fla. Stat. and State v. Hamilton, 660 So.2d 1038 (Fla.1995). Gim if-applicable. . . . . § 810.011(3), FlaStat. . . . Definitions. § 810.011(1) Fla. Stat. and State v. Hamilton, 660 So.2d 1038 (Fla.1995). . . . . § 810.011(3) Fla. Stat. . . . “Willfully” means intentionally, knowingly, and purposely. § 810.011(5)(a)l. and (b), FlaStat. . . .

COLBERT, v. STATE, 78 So. 3d 111 (Fla. Dist. Ct. App. 2012)

. . . an “attached porch” and does not fall within the definition of a “dwelling” as provided in section 810.011 . . . Section 810.011(2) defines “dwelling” to mean: a building or conveyance of any kind, including any attached . . . While section 810.011 does not define the term, a review of how the subject has been treated by the courts . . . short, the area where the bicycle was parked was not an “attached porch” as contemplated in section 810.011 . . . The structure of section 810.011(2) is significant in this regard, because it ensures that any area deemed . . .

DICKS, v. STATE, 75 So. 3d 857 (Fla. Dist. Ct. App. 2011)

. . . Section 810.011(2) defines the term “dwelling” to mean “a building or conveyance of any kind, including . . . of defining a “dwelling,” the prosecutor “paraphrased” the statutory definition provided in section 810.011 . . . Although section 810.011(1) & (2) defines both a structure and a dwelling to include “the curtilage thereof . . .

M. BUZIA, v. STATE M. v. S., 82 So. 3d 784 (Fla. 2011)

. . . .” § 810.011(2), Fla. Stat. (1999). . . .

DUBOSE, v. STATE, 75 So. 3d 383 (Fla. Dist. Ct. App. 2011)

. . . .” §§ 810.011(1), (2), Fla. Stat. (2007). . . .

ABELLA, v. SIMON,, 831 F. Supp. 2d 1316 (S.D. Fla. 2011)

. . . either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011 . . .

CATRON, Jo R. v. CITY OF ST. PETERSBURG,, 658 F.3d 1260 (11th Cir. 2011)

. . . . § 810.09; see also id. at § 810.011 (no definition of “notice”). . . .

K. M. B. a v. STATE, 69 So. 3d 311 (Fla. Dist. Ct. App. 2011)

. . . either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011 . . .

UNITED STATES v. L. BARGERON, a. k. a., 435 F. App'x 892 (11th Cir. 2011)

. . . . § 810.011(1) (1998). . . .

UNITED STATES v. WHEELER, Jr., 434 F. App'x 831 (11th Cir. 2011)

. . . . § 810.011(3). . . .

FERNANDEZ, v. STATE, 63 So. 3d 881 (Fla. Dist. Ct. App. 2011)

. . . Section 810.011(1), Florida Statutes (2008), defines “structure” to mean “a building of any kind, either . . .

NIEMINSKI, v. STATE, 60 So. 3d 521 (Fla. Dist. Ct. App. 2011)

. . . See §§ 810.09(l)(a)(l), 810.011(7), (8). . . . . § 810.011(5)(b). . . .

J. L. A v. STATE, 57 So. 3d 924 (Fla. Dist. Ct. App. 2011)

. . . . § 810.011(2), Fla. Stat. (2009) (emphasis added). . . .

MICHAEL, v. STATE, 51 So. 3d 574 (Fla. Dist. Ct. App. 2010)

. . . See § 810.011(2), Fla. Stat. (2008); Dukes v. . . .

DAVIS, v. STATE, 48 So. 3d 176 (Fla. Dist. Ct. App. 2010)

. . . stolen is valued at $100 or more, but less than $300, and is taken from a dwelling as defined in s. 810.011 . . .

JACOBS, v. STATE, 41 So. 3d 1004 (Fla. Dist. Ct. App. 2010)

. . . burglary of a dwelling because the State failed to prove the elements of “dwelling” as defined in section 810.011 . . . Stat. § 810.011(2) (2009). . . .

F. E. H. JR. a v. STATE, 28 So. 3d 213 (Fla. Dist. Ct. App. 2010)

. . . present sufficient evidence that the lot was “posted” within the meaning of subsections 810.09(l)(a) and 810.011 . . .

RUIZ, v. STATE, 23 So. 3d 208 (Fla. Dist. Ct. App. 2009)

. . . Nearby section 810.011(1), Florida Statutes (2006), defines a structure as “a building of any kind, either . . . holding that because both burglary and trespass rely on the definition of “structure” found in section 810.011 . . .

WARD, v. STATE, 21 So. 3d 896 (Fla. Dist. Ct. App. 2009)

. . . against entering has been given either by actual communication or by posting as described in section 810.011 . . . establish that the posted “no trespassing” signs strictly complied with the requirements of section 810.011 . . . Section 810.011 (5)(a) 1., Florida Statutes (2007), provides: (5)(a) 'Posted land’ is that land upon . . .

NEWSOME, v. STATE, 19 So. 3d 1091 (Fla. Dist. Ct. App. 2009)

. . . Section 810.011 defines structure and dwelling: (1) “Structure” means a building of any kind, either . . . designed to be occupied by people lodging therein at night, together with the curtilage thereof.... § 810.011 . . . Because a fenced backyard qualifies as a dwelling or structure as defined in section 810.011, Florida . . .

FERRARA, v. STATE, 19 So. 3d 1033 (Fla. Dist. Ct. App. 2009)

. . . Section 810.011(2), Florida Statutes (2008), defines “dwelling” as: “a building or conveyance of any . . . held that the slab from which the fan was stolen qualified as an attached porch pursuant to section 810.011 . . . The front porch is part of the dwelling as defined under section 810.011(2), Florida Statutes. . . . It held that the carport was not itself an independent structure, as defined in section 810.011, because . . .

UNITED STATES v. SANCHEZ- RAMIREZ,, 570 F.3d 75 (1st Cir. 2009)

. . . . § 810.011(1). . . .

UNITED STATES v. PAKALA,, 568 F.3d 47 (1st Cir. 2009)

. . . . § 810.011 includes “curtilage.” . . . Stat. § 810.011(1) (emphasis added). . . . Stat. § 810.011(2) (1993)). . . .

TINDALL, v. STATE, 997 So. 2d 1260 (Fla. Dist. Ct. App. 2009)

. . . . § 810.011(1), Fla. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 995 So. 2d 476 (Fla. 2008)

. . . . § 810.011(3), Fla. . . . permanent, which has a roof over it and includes any closely adjoining land enclosed by a fence or wall. § 810.011 . . . permanent, which has a roof over it and includes any closely adjoining land enclosed by a fence or wall. § 810.011 . . . permanent, which-has a roof over it and includes any closely adjoining land enclosed by a fence-or wall, § 810.011 . . .

BATTISTE, v. T. LAMBERTI,, 571 F. Supp. 2d 1286 (S.D. Fla. 2008)

. . . either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 986 So. 2d 563 (Fla. 2008)

. . . . § 810.011(1), Fla. Stat. . . . . § 810.011(3), Fla. Stat. . . . See § 810.011(1), (2), and (8), Fla. Stat. . . . reduction in the presence of or response time for first responders or homeland security personnel. § 810.011 . . . reduction in the presence of or response time for first responders or homeland security personnel. § 810.011 . . .

L. POLEWARZYK, v. STATE, 978 So. 2d 250 (Fla. Dist. Ct. App. 2008)

. . . main claim is that the structure he burglarized did not qualify as a dwelling as defined by section 810.011 . . .

K. F. a v. STATE, 975 So. 2d 1231 (Fla. Dist. Ct. App. 2008)

. . . either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011 . . .

UNITED STATES v. CASTILLO- MORALES,, 507 F.3d 873 (5th Cir. 2007)

. . . . § 810.011(2) (2005). In United States v. . . . Stat. § 810.011(2) (2006); see also Gomez-Guerra, 485 F.3d at 303-04. . . .

UNITED STATES v. JACKSON,, 250 F. App'x 926 (11th Cir. 2007)

. . . . § 810.011(1) (1984). . . .

UNITED STATES v. GOMEZ,, 235 F. App'x 336 (5th Cir. 2007)

. . . . § 810.011(b); Gomez-Guerra, 485 F.3d at 303. . . . .

UNITED STATES v. PACHECO- SALAZAR,, 242 F. App'x 974 (5th Cir. 2007)

. . . Because the definition of dwelling in § 810.011(2) includes “the curtilage thereof,” Pacheco-Salazar’ . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 962 So. 2d 310 (Fla. 2007)

. . . . § 810.011(1), Fla. Stat. . . . . § 810.011(3), Fla. Stat. . . . See § 810.011, Fla. Stat. . . . burglary without any aggravating circumstances, you should find [him] [her] guilty only of burglary, § 810.011 . . .

V. B. a v. STATE, 959 So. 2d 1252 (Fla. Dist. Ct. App. 2007)

. . . RECEIVED NOTICE AGAINST ENTERING OR REMAINING GIVEN BY POSTING, FENCING, OR CULTIVATION AS DESCRIBED IN S. 810.011 . . . against entering or remaining given by posting, fencing, or cultivation,” as described in Florida Statute 810.011 . . . Section 810.011(5)(a) specifically describes the requirements for providing notice by posting with regards . . . iron, steel, barbed wire, other wire, or other material, which stands at least 3 feet in height.” § 810.011 . . .

WRIGHT, v. STATE, 983 So. 2d 6 (Fla. Dist. Ct. App. 2007)

. . . .; see § 810.011(3), Fla. Stat. (2005) (defining “conveyance” as including “any motor vehicle”). . . .

UNITED STATES v. GOMEZ- GUERRA,, 485 F.3d 301 (5th Cir. 2007)

. . . . § 810.011(2) (1995) (emphasis added); see also Baker v. . . .

JAMES v. UNITED STATES, 550 U.S. 192 (U.S. 2007)

. . . . §810.011(2). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 953 So. 2d 495 (Fla. 2007)

. . . . § 810.011(2), Fla. . . . . § 810.011(3), Fla. Stat. Give if applicable. . . .

UNITED STATES v. STEWART,, 208 F. App'x 291 (5th Cir. 2006)

. . . . §§ 810.02, 810.011(2). Stewart’s argument is without merit. . . . Stat. § 810.011(2). . . .

A. B. v. STATE, 940 So. 2d 585 (Fla. Dist. Ct. App. 2006)

. . . valued at $100 or more, but less than $300, and that it was “taken from a dwelling as defined in s. 810.011 . . .

UNITED STATES v. BRANSON,, 200 F. App'x 939 (11th Cir. 2006)

. . . .” § 810.011(1), (2), Fla. Stat. (1987), (1994). . . .

UNITED STATES v. MATTHEWS,, 466 F.3d 1271 (11th Cir. 2006)

. . . . § 810.011(1). . . .

UNITED STATES v. DAY,, 465 F.3d 1262 (11th Cir. 2006)

. . . . § 810.011(1) (1989). . . .

MUNOZ, v. STATE, 937 So. 2d 686 (Fla. Dist. Ct. App. 2006)

. . . It is undisputed that this house previously qualified as a dwelling under section 810.011. . . . Section 810.011(2) defines a “dwelling” as “a building or conveyance of any kind, including any attached . . . The only exception would be that created by the legislature in section 810.011 — if a structure became . . . According to section 810.011 and Perkins, if the character of the house is substantially changed to the . . . The exception in section 810.011(2) states, "However, during the time of a state of emergency declared . . . majority is unjustified in relying on the second sentence of the definition of dwelling in section 810.011 . . . was added to the statute in 1982, see ch. 82-87, § 1, Laws of Fla., the second sentence of section 810.011 . . . The provision was necessary because under the definition in the first sentence of section 810.011(2), . . . emergency that it would no longer be covered by the definition of dwelling in the first sentence of section 810.011 . . . expand the coverage of the statute — the majority is unjustified in using the second sentence of section 810.011 . . .

LEWIS, v. STATE, 932 So. 2d 357 (Fla. Dist. Ct. App. 2006)

. . . . § 810.011(5)(a), Fla. Stat. (2002). . . . Second, we conclude that the definition of “posted land” in section 810.011 was intended to apply to . . . However, the trial court found that posting was not required pursuant to section 810.011(5)(b), because . . . Dwelling is defined by section 810.011(2) as a building or conveyance that has a roof over it. . . . However, neither section 810.011(5)(a) nor section 810.09(2)(d) provide for an exception to the posting . . .

A. F. v. STATE, 912 So. 2d 374 (Fla. Dist. Ct. App. 2005)

. . . either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011 . . .

ROSS, v. STATE, 901 So. 2d 252 (Fla. Dist. Ct. App. 2005)

. . . .” §'810.011(2), Fla. Stat. (1997). . . .

FRANKLIN, v. STATE, 887 So. 2d 1063 (Fla. 2004)

. . . Section 13: amends section 810.011 to expand the definition of “conveyance,” as used to define burglary . . . Section 810.011 previously referenced railroad cars within the definition of conveyance. . . .

E. MOORE, v. STATE, 879 So. 2d 62 (Fla. Dist. Ct. App. 2004)

. . . .2d 1083 (Fla.1996)(holding that an unoccupied house is afforded the same protection, under section 810.011 . . . Moore does not specify how the homes did not meet the definition of “dwelling” under section 810.011( . . .

R. G. a v. STATE, 865 So. 2d 685 (Fla. Dist. Ct. App. 2004)

. . . Section 810.011, Florida Statutes (2002), defines a structure as “a building of any kind, either temporary . . .

McALLISTER, v. STATE, 859 So. 2d 611 (Fla. Dist. Ct. App. 2003)

. . . .” § 810.011(2), Fla. Stat. (2001). . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- SUBMISSION, 850 So. 2d 1272 (Fla. 2003)

. . . Definitions; give as applicable § 810.011(1), FlaStat. . . . . § 810.011(3), FlaStat. . . . burglary without any aggravating circumstances, you should find [him][her] guilty only of burglary. § 810.011 . . .

K. S. a v. STATE, 840 So. 2d 1116 (Fla. Dist. Ct. App. 2003)

. . . . by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011 . . . See § 810.011(5)(a), Fla. Stat. (2001); In Interest of B.P., 610 So.2d 625 (Fla. 1st DCA 1992). . . .