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Florida Statute 810.015 | Lawyer Caselaw & Research
F.S. 810.015 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. 810.015
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 from cite.case.law:

VASSOR, v. STATE, 244 So. 3d 1121 (Fla. App. Ct. 2018)

. . . After Delgado was decided, the Florida Legislature passed section 810.015, Florida Statutes (2001), which . . .

J. PILAFJIAN, v. STATE, 210 So. 3d 738 (Fla. Dist. Ct. App. 2017)

. . . Hicks, 421 So.2d 510, 510-11 (Fla. 1982); see also § 810.015, Fla. Stat. (2015). . . .

EVANS, v. STATE, 177 So. 3d 1219 (Fla. 2015)

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

DUCAS, v. STATE, 84 So. 3d 1212 (Fla. Dist. Ct. App. 2012)

. . . Stat. (2008); see also § 810.015(l)-(6), Fla. . . .

MACKEY, v. STATE, 83 So. 3d 942 (Fla. Dist. Ct. App. 2012)

. . . See e.g., § 810.015(3) Fla. Stat. (2010); State v. Hicks, 421 So.2d 510 (Fla.1982); Metales v. . . .

DELGADO, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 659 F.3d 1311 (11th Cir. 2011)

. . . . § 810.015. B. . . . Stat. § 810.015 (reinstating Ray). . . .

HARRIS, v. STATE, 48 So. 3d 922 (Fla. Dist. Ct. App. 2010)

. . . In amending the burglary statute, the Legislature stated, in pertinent part, as follows: 810.015. . . . the licensed or invited person to remain in the dwelling, structure, or conveyance surreptitiously. § 810.015 . . .

N. STURDIVANT, v. STATE, 84 So. 3d 1044 (Fla. Dist. Ct. App. 2010)

. . . where the theory of felony murder was legally inadequate), superseded on other grounds by statute, § 810.015 . . .

BRADLEY, v. STATE v. A., 33 So. 3d 664 (Fla. 2010)

. . . (creating § 810.015(1), Florida Statutes (2002)). . . . .

AGUIRRE- JARQUIN, v. STATE, 9 So. 3d 593 (Fla. 2009)

. . . Section 810.015(3), Florida Statutes (2004), provides, “It is further the intent of the Legislature that . . . See § 810.015(3), Fla. . . .

ROBINSON, v. STATE, 989 So. 2d 747 (Fla. Dist. Ct. App. 2008)

. . . See § 810.015(3), Fla. Stat. (2005) (stating that consent is an affirmative defense to burglary). . . .

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. CONTRACTPOINT FLORIDA PARKS, LLC,, 986 So. 2d 1260 (Fla. 2008)

. . . Legislature’s clearly expressed intention to override a prior judicial construction is seen in section 810.015 . . .

CARTER, v. STATE, 980 So. 2d 473 (Fla. 2008)

. . . See § 810.015(1)-(2), Fla. Stat. (2002); ch.2001-58, § 1, Laws of Fla. . . . In response, the Legislature amended sections 810.015 and 810.02 to abrogate Delgado. . . .

JOHNSON, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 513 F.3d 1328 (11th Cir. 2008)

. . . make clear that an invited person entering a premises need not remain surreptitiously and adopted § 810.015 . . . Ann. § 810.015 (2001). The legislature’s abrogation of Delgado took effect on May 25, 2001. . . .

JIMENEZ, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 481 F.3d 1337 (11th Cir. 2007)

. . . . § 810.015. This statute was effective retroactively to February 1, 2000. Id. . . . .

DELGADO, v. STATE, 948 So. 2d 681 (Fla. 2006)

. . . Id. at 242, superseded by § 810.015, Fla. Stat. (2001). . . . Section 810.015(1), Florida Statutes, states as follows: The Legislature finds that the case of Delgado . . .

SHARPE, v. STATE, 941 So. 2d 1190 (Fla. Dist. Ct. App. 2006)

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

STATE v. ROBINSON,, 936 So. 2d 1198 (Fla. Dist. Ct. App. 2006)

. . . legislature nullified the holding of Delgado in chapter 2004-93, Laws of Florida, codified at section 810.015 . . . 2004-93, Laws of Florida, effective May 21, 2004, codified at paragraphs (4) through (6) of section 810.015 . . .

RAY, v. STATE, 933 So. 2d 716 (Fla. Dist. Ct. App. 2006)

. . . After the supreme court rendered its decision in Delgado, the legislature passed section 810.015, Florida . . .

WIGGINS, v. STATE, 933 So. 2d 1224 (Fla. Dist. Ct. App. 2006)

. . . See § 810.015(2), Fla. Stat. (2001). . . .

S. SMITH, v. V. CROSBY, Jr., 872 So. 2d 279 (Fla. Dist. Ct. App. 2004)

. . . conviction for burglary of a dwelling based on Delgado and noting that the Legislature’s language in section 810.015 . . . Although the Legislature would later nullify Delgado by enacting section 810.015(2), Florida Statutes . . . The events in Petitioner's case occurred on November 9, 1999, before the retroactive date of section 810.015 . . .

STATE v. RUIZ, v., 863 So. 2d 1205 (Fla. 2003)

. . . , Florida Statutes (2002): 810.015 Legislative findings and intent; burglary.— (1) The Legislature finds . . . The Third District determined that section 810.015(2) was intended to apply to cases such as Braggs’ . . . State, 850 So.2d 383 (Fla.2002), that the express language of section 810.015(2) makes it inapplicable . . . However, the Legislature also stated that subsection (2) of § 810.015 would “operate retroactively to . . . State, and noting that the Legislature’s language in section 810.015(2) regarding the nullification of . . .

BURNES, v. STATE, 861 So. 2d 78 (Fla. Dist. Ct. App. 2003)

. . . Supreme Court has not yet receded from Delgado (and that Delgado .survived the enactment of section 810.015 . . . See § 810.015, Fla. Stat. (2001). . . .

FITZPATRICK, v. STATE, 859 So. 2d 486 (Fla. 2003)

. . . the Legislature addressed the Delgado construction of the burglary statute in a statement of intent: 810.015 . . . affirmative defense to burglary and that the lack of consent may be proven by circumstantial evidence. § 810.015 . . . See § 810.015, Fla. Stat. (2001). . . .

SKELLIE, v. STATE, 849 So. 2d 1220 (Fla. Dist. Ct. App. 2003)

. . . See § 810.015(1), Fla. Stat. (2002). . . . See § 810.015(3), Fla. Stat. (2002). . . . See § 810.015(2), Fla. Stat. (2002). . . .

ALEXANDRE, v. STATE, 834 So. 2d 344 (Fla. Dist. Ct. App. 2003)

. . . legislature amended the burglary statute with the intent of overturning Delgado by the enactment of section 810.015 . . .

MOSLEY, v. STATE, 842 So. 2d 855 (Fla. Dist. Ct. App. 2002)

. . . Although the Florida Legislature subsequently enacted section 810.015, Florida Statutes (2001), which . . .

P. MILLER, v. STATE, 828 So. 2d 445 (Fla. Dist. Ct. App. 2002)

. . . In section 810.015, Florida Statutes (2001), the legislature expressed its intent that Delgado be nullified . . .

FLOYD, v. STATE, 850 So. 2d 383 (Fla. 2002)

. . . On May 25, 2001, the Governor approved House Bill 953, which created section 810.015(2), Florida Statutes . . . Section 810.015(2) states that “[i]t is the intent of the Legislature that the holding in Delgado v. . . . See § 810.015(2), Fla. Stat. . . . In nullifying Delgado, the Legislature stated that section 810.015(2) “shall operate retroactively to . . . In discussing what would occur to the defendant in Delgado after the enactment of section 810.015, the . . . We are aware that in enacting section 810.015(2), Florida Statutes (2001), the Legislature stated its . . . However, the Legislature also stated that subsection (2) of § 810.015 would "operate retroactively to . . . do not fall within the window established by the Legislature for retroactive application of section 810.015 . . . State, and noting that the Legislature's language in section 810.015(2) regarding the nullification of . . .

FOSTER, v. STATE, 861 So. 2d 434 (Fla. Dist. Ct. App. 2002)

. . . offense in Floyd occurred in 1998, well before February 1, 2000, the date the legislature, in section 810.015 . . . court added the following important footnote to its opinion: We are aware that in enacting section 810.015 . . . However, the Legislature also stated that subsection (2) of § 810.015 would “operate retroactively to . . . do not fall within the window established by the Legislature for retroactive application of section 810.015 . . . State, and noting that the Legislature’s language in section 810.015(2) regarding the nullification of . . . State, 776 So.2d 233 (Fla.2000)), the Florida Legislature enacted section 810.015, Florida Statutes ( . . . the legislative intent, as reflected in the opinions preceding Delgado that were recited in section 810.015 . . . Florida Statutes (1999), we agree that Chapter 2001-58, section 1, Laws of Florida (codified at section 810.015 . . . Chapter 2001-58, section 1, provides: 810.015 Legislative findings and intent; burglary.— (1) The Legislature . . . State, 793 So.2d 1078, 1079 n. 1 (Fla. 2d DCA 2001) ("Section 810.015, Florida Statutes (2001), nullifies . . . State, 789 So.2d 1108, 1108 n. 1 (Fla. 3d DCA 2001) ("We are aware of the creation of section 810.015 . . .

RUIZ, v. STATE, 841 So. 2d 468 (Fla. Dist. Ct. App. 2002)

. . . We are aware of the creation of section 810.015, Florida Statutes (2001) by which the legislature has . . .

BRAGGS, v. STATE, 815 So. 2d 657 (Fla. Dist. Ct. App. 2002)

. . . Section 810.015, Florida Statutes, is created to read: 810.015 Legislative findings and intent; burglary . . .

SCHRACK, v. STATE, 793 So. 2d 1102 (Fla. Dist. Ct. App. 2001)

. . . . § 810.015). This nullification, however, operates retroactively to February 1, 2000. Id. . . .

R. C. a v. STATE, 793 So. 2d 1078 (Fla. Dist. Ct. App. 2001)

. . . Section 810.015, Florida Statutes (2001), nullifies Delgado v. State, 776 So.2d 233. . . .