reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVI - Crimes › Chapter 800 - Lewdness; Indecent Exposure › 800.09 - Lewd or Lascivious Exhibition in the Presence of an Employee.

800.09 Lewd or lascivious exhibition in the presence of an employee.—
(1) As used in this section, the term:
(a) “Employee” means:
1. Any person employed by or performing contractual services for a public or private entity operating a state correctional institution or private correctional facility;
2. Any person employed by or performing contractual services for the corporation operating the prison industry enhancement programs or the correctional work programs under part II of chapter 946;
3. Any person who is a parole examiner with the Florida Commission on Offender Review; or
4. Any person employed at or performing contractual services for a county detention facility.
(b) “Facility” means a state correctional institution as defined in s. 944.02, a private correctional facility as defined in s. 944.710, or a county detention facility as defined in s. 951.23.
(2)(a) A person who is detained in a facility may not:
1. Intentionally masturbate;
2. Intentionally expose the genitals in a lewd or lascivious manner; or
3. Intentionally commit any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity,
in the presence of a person he or she knows or reasonably should know is an employee.
(b) A person who violates paragraph (a) commits lewd or lascivious exhibition in the presence of an employee, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 4, ch. 2010-64; s. 17, ch. 2014-191; s. 1, ch. 2019-50; s. 34, ch. 2019-167.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 800 - Lewdness; Indecent Exposure › 800.101 - Offenses Against Students by Authority Figures.

800.101 Offenses against students by authority figures.—
(1) As used in this section, the term:
(a) “Authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school, including school resource officers as provided in s. 1006.12.
(b) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), early learning programs, a public school as described in s. 402.3025(1), the Florida School for the Deaf and the Blind, and the Florida Virtual School established under s. 1002.37. The term does not include a facility dedicated exclusively to the education of adults.
(c) “Student” means a person who is enrolled at a school.
(2) An authority figure shall not solicit or engage in:
(a) Sexual conduct;
(b) A relationship of a romantic nature; or
(c) Lewd conduct
with a student.
(3) A person who violates subsection (2) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Subsection (2) does not apply to conduct constituting an offense that is subject to reclassification under s. 775.0862.
(5)(a) A person who is required to report a violation of subsection (2) and who knowingly or willfully fails to do so, or who knowingly or willfully prevents another person from doing so, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A person who knowingly or willfully submits false, inaccurate, or incomplete information while reporting a violation of subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) A person who knowingly or willfully coerces or threatens another person with the intent to alter his or her testimony or written report regarding a violation of subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 4, ch. 2018-150; s. 4, ch. 2022-154.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 806 - Arson and Criminal Mischief › 806.01 - Arson.

806.01 Arson.—
(1) Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged:
(a) Any dwelling, whether occupied or not, or its contents;
(b) Any structure, or contents thereof, where persons are normally present, such as: jails, prisons, or detention centers; hospitals, nursing homes, or other health care facilities; department stores, office buildings, business establishments, churches, or educational institutions during normal hours of occupancy; or other similar structures; or
(c) Any other structure that he or she knew or had reasonable grounds to believe was occupied by a human being,
is guilty of arson in the first degree, which constitutes a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged any structure, whether the property of himself or herself or another, under any circumstances not referred to in subsection (1), is guilty of arson in the second degree, which constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) As used in this chapter, “structure” means any building of any kind, any enclosed area with a roof over it, any real property and appurtenances thereto, any tent or other portable building, and any vehicle, vessel, watercraft, or aircraft.
History.—ss. 1, 2, ch. 15603, 1931; CGL 1936 Supp. 7208(8), (9); ss. 786, 787, ch. 71-136; s. 26, ch. 74-383; s. 18, ch. 75-298; s. 1, ch. 79-108; s. 1, ch. 90-225; s. 1228, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 806 - Arson and Criminal Mischief › 806.031 - Arson Resulting in Injury to Another; Penalty.

806.031 Arson resulting in injury to another; penalty.—
(1) A person who perpetrates any arson that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who perpetrates any arson that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Upon conviction and adjudication of guilt, a person may be sentenced separately, pursuant to s. 775.021(4), for any violation of this section and for any arson committed during the same criminal episode. A conviction for any arson, however, is not necessary for a conviction under this section.
History.—s. 1, ch. 84-23; s. 182, ch. 91-224.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 806 - Arson and Criminal Mischief › 806.10 - Preventing or Obstructing Extinguishment of Fire.

806.10 Preventing or obstructing extinguishment of fire.—
(1) Any person who willfully and maliciously injures, destroys, removes, or in any manner interferes with the use of, any vehicles, tools, equipment, water supplies, hydrants, towers, buildings, communication facilities, or other instruments or facilities used in the detection, reporting, suppression, or extinguishment of 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.
(2) Any person who willfully or unreasonably interferes with, hinders, or assaults, or attempts to interfere with or hinder, any firefighter in the performance of his or her duty 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. 9, sub-ch. 4, ch. 1637, 1868; RS 2433; GS 3280; RGS 5113; CGL 7214; s. 1, ch. 69-232; s. 795, ch. 71-136; s. 28, ch. 74-383; s. 19, ch. 75-298; s. 1229, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 806 - Arson and Criminal Mischief › 806.101 - False Alarms of Fires.

806.101 False alarms of fires.—Whoever, without reasonable cause, by outcry or the ringing of bells, or otherwise, makes or circulates, or causes to be made or circulated, a false alarm of fire, shall for the first conviction be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A second or subsequent conviction under this section shall constitute a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 13, ch. 1637, 1868; RS 2706; GS 3682; RGS 5626; CGL 7819; s. 934, ch. 71-136; s. 1A, ch. 71-306; s. 65, ch. 74-383.
Note.—Former s. 823.03.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 806 - Arson and Criminal Mischief › 806.111 - Fire Bombs.

806.111 Fire bombs.—
(1) Any person who possesses, manufactures, transports, or disposes of a fire bomb with intent that such fire bomb be willfully and unlawfully used to damage by fire or explosion any structure or property is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) For the purposes of this section:
(a) “Disposes of” means to give, give away, loan, offer, offer for sale, sell, or transfer.
(b) “Fire bomb” means a container containing flammable or combustible liquid, or any incendiary chemical mixture or compound having a wick or similar device capable of being ignited or other means capable of causing ignition; but no device commercially manufactured primarily for the purpose of illumination, heating, or cooking shall be deemed to be such a fire bomb.
(3) Subsection (1) shall not prohibit the authorized use or possession of any material, substance, or device described therein by a member of the Armed Forces of the United States or by firefighters, police officers, peace officers, or law enforcement officers so authorized by duly constituted authorities.
History.—s. 3, ch. 67-211; s. 797, ch. 71-136; s. 29, ch. 74-383; s. 19, ch. 75-298; s. 238, ch. 77-104; s. 2, ch. 79-108; s. 46, ch. 88-381; s. 1230, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 806 - Arson and Criminal Mischief › 806.135 - Destroying or Demolishing a Memorial or Historic Property.

806.135 Destroying or demolishing a memorial or historic property.—
(1) As used in this section, the term:
(a) “Historic property” means any building, structure, site, or object that has been officially designated as a historic building, historic structure, historic site, or historic object through a federal, state, or local designation program.
(b) “Memorial” means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure name, or display that is constructed and located with the intent of being permanently displayed or perpetually maintained; is dedicated to a historical person, an entity, an event, or a series of events; and honors or recounts the military service of any past or present United States Armed Forces military personnel, or the past or present public service of a resident of the geographical area comprising the state or the United States. The term includes, but is not limited to, the following memorials established under chapter 265:
1. Florida Women’s Hall of Fame.
2. Florida Medal of Honor Wall.
3. Florida Veterans’ Hall of Fame.
4. POW-MIA Chair of Honor Memorial.
5. Florida Veterans’ Walk of Honor and Florida Veterans’ Memorial Garden.
6. Florida Law Enforcement Officers’ Hall of Fame.
7. Florida Holocaust Memorial.
8. Florida Slavery Memorial.
9. Any other memorial located within the Capitol Complex, including, but not limited to, Waller Park.
(2) It is unlawful for any person to willfully and maliciously destroy or demolish any memorial or historic property, or willfully and maliciously pull down a memorial or historic property, unless authorized by the owner of the memorial or historic property. A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A court shall order any person convicted of violating this section to pay restitution, which shall include the full cost of repair or replacement of such memorial or historic property.
History.—s. 11, ch. 2021-6.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 806 - Arson and Criminal Mischief › 806.14 - Art Works in Public Buildings; Willful Damage; Unauthorized Removal; Penalties.

806.14 Art works in public buildings; willful damage; unauthorized removal; penalties.—
(1) Whoever willfully destroys, mutilates, defaces, injures, or, without authority, removes any work of art displayed in a public building is guilty of a criminal offense.
(2)(a) If the damage to the work of art is such that the cost of restoration, in labor and supplies, or if the replacement value, is $200 or less, the offense is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) If the damage to the work of art is such that the cost of restoration, in labor and supplies, or if the replacement value, is greater than $200 but less than $1,000, the offense is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) If the damage to the work of art is such that the cost of restoration, in labor and supplies, or if the replacement value, is $1,000 or more, the offense is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 2, ch. 80-55; s. 485, ch. 81-259; s. 184, ch. 91-224.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.015 - Legislative Findings and Intent; Burglary.

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.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.06 - Possession of Burglary Tools.

810.06 Possession of burglary tools.—Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass 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. 30, sub-ch. 4, ch. 1637, 1868; RS 2439; GS 3286; RGS 5120; CGL 7221; s. 804, ch. 71-136; s. 32, ch. 74-383; s. 22, ch. 75-298; s. 1232, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.061 - Impairing or Impeding Telephone or Power to a Dwelling; Facilitating or Furthering a Burglary; Penalty.

810.061 Impairing or impeding telephone or power to a dwelling; facilitating or furthering a burglary; penalty.—
(1) As used in this section, the term “burglary” has the meaning ascribed in s. 810.02(1)(b).
(2) A person who, for the purpose of facilitating or furthering the commission or attempted commission of a burglary of a dwelling by any person, damages a wire or line that transmits or conveys telephone or power to that dwelling, impairs any other equipment necessary for telephone or power transmission or conveyance, or otherwise impairs or impedes such telephone or power transmission or conveyance commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 2003-84.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.07 - Prima Facie Evidence of Intent.

810.07 Prima facie evidence of intent.—
(1) In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.
(2) In a trial on the charge of attempted burglary, proof of the attempt to enter such structure or conveyance at any time stealthily and without the consent of the owner or occupant thereof is prima facie evidence of attempting to enter with intent to commit an offense.
History.—s. 5, ch. 4405, 1895; GS 3287; RGS 5121; CGL 7222; s. 1, ch. 70-29; s. 33, ch. 74-383; s. 44, ch. 87-243.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.08 - Trespass in Structure or Conveyance.

810.08 Trespass in structure or conveyance.—
(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.
(2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention by such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
(3) As used in this section, the term “person authorized” means any owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in the case of a threat to public safety or welfare.
History.—s. 34, ch. 74-383; s. 22, ch. 75-298; s. 2, ch. 76-46; s. 1, ch. 77-132; s. 33, ch. 88-381; s. 185, ch. 91-224; s. 1233, ch. 97-102; s. 4, ch. 2000-369.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.095 - Trespass on School Property With Firearm or Other Weapon Prohibited.

810.095 Trespass on school property with firearm or other weapon prohibited.—
(1) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for a person who is trespassing upon school property to bring onto, or to possess on, such school property any weapon as defined in s. 790.001 or any firearm.
(2) As used in this section, “school property” means the grounds or facility of any kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.
History.—s. 1, ch. 92-130; s. 62, ch. 2004-357; s. 3, ch. 2006-186; s. 29, ch. 2023-18.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.097 - Trespass Upon Grounds or Facilities of a School; Penalties; Arrest.

810.097 Trespass upon grounds or facilities of a school; penalties; arrest.—
(1) Any person who:
(a) Does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property; or
(b) Is a student currently under suspension or expulsion;
and who enters or remains upon the campus or any other facility owned by any such school commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who enters or remains upon the campus or other facility of a school after the principal of such school, or his or her designee, has directed such person to leave such campus or facility or not to enter upon the campus or facility, commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) The chief administrative officer of a school, or any employee thereof designated by the chief administrative officer to maintain order on such campus or facility, who has probable cause to believe that a person is trespassing upon school grounds in violation of this section may take such person into custody and detain him or her in a reasonable manner for a reasonable length of time pending arrival of a law enforcement officer. Such taking into custody and detention by an authorized person does not render that person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. If a trespasser is taken into custody, a law enforcement officer shall be called to the scene immediately after the person is taken into custody.
(4) Any law enforcement officer may arrest either on or off the premises and without warrant any person the officer has probable cause for believing has committed the offense of trespass upon the grounds of a school facility. Such arrest shall not render the law enforcement officer criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
(5) As used in this section, the term “school” means the grounds or any facility, including school buses, of any kindergarten, elementary school, middle school, junior high school, or secondary school, whether public or nonpublic.
History.—s. 1, ch. 68-3; s. 1, ch. 72-10; s. 1, ch. 72-221; s. 1, ch. 77-425; s. 48, ch. 79-164; s. 1, ch. 82-3; s. 27, ch. 91-224; s. 1207, ch. 95-147; s. 1, ch. 99-147; s. 5, ch. 2018-150.
Note.—Former s. 228.21; s. 228.091.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.0975 - School Safety Zones; Definition; Trespass Prohibited; Penalty.

810.0975 School safety zones; definition; trespass prohibited; penalty.—
(1) For the purposes of this section, the term “school safety zone” means in, on, or within 500 feet of any real property owned by or leased to any public or private elementary, middle, or high school or school board and used for elementary, middle, or high school education.
(2)(a) Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person from loitering in the school safety zone who does not have legitimate business in the school safety zone or any other authorization, or license to enter or remain in the school safety zone or does not otherwise have invitee status in the designated safety zone.
(b)1. During the period from 1 hour prior to the start of a school session until 1 hour after the conclusion of a school session, it is unlawful for any person to enter the premises or trespass within a school safety zone or to remain on such premises or within such school safety zone when that person does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone.
2.a. Except as provided in sub-subparagraph b., a person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
b. A person who violates this subsection and who has been previously convicted of any offense contained in chapter 874 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c)1. Except as provided in subparagraph 2., a person who does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone who shall willfully fail to remove himself or herself from the school safety zone after the principal or designee, having a reasonable belief that he or she will commit a crime or is engaged in harassment or intimidation of students entering or leaving school property, requests him or her to leave the school safety zone commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
2. A person who violates subparagraph 1. and who has been previously convicted of any offense contained in chapter 874 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) This section does not abridge or infringe upon the right of any person to peaceably assemble and protest.
(4) This section does not apply to residents or persons engaged in the operation of a licensed commercial business within the school safety zone.
History.—s. 1, ch. 2002-192; s. 1, ch. 2013-80.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.098 - Trespass for the Purpose of Threatening or Intimidating Another Person.

810.098 Trespass for the purpose of threatening or intimidating another person.—
(1)(a) Whoever, without being authorized, licensed, or invited, willfully enters the campus of a state university or Florida College System institution for the purpose of threatening or intimidating another person, and is warned by the state university or Florida College System institution to depart and refuses to do so, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) If the penalty for a violation of this subsection is reclassified under s. 775.085, such a violation is considered a hate crime for purposes of the reporting requirements of s. 877.19.
(2) As used in this section, the terms “Florida College System institution” and “state university” have the same meanings as in s. 1000.21(3) and (6), respectively.
History.—s. 4, ch. 2023-24.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.10 - Posted Land; Removing Notices Unlawful; Penalty.

810.10 Posted land; removing notices unlawful; penalty.—
(1) It is unlawful for any person to willfully remove, destroy, mutilate, or commit any act designed to remove, mutilate, or reduce the legibility or effectiveness of any posted notice placed by the owner, tenant, lessee, or occupant of legally enclosed or legally posted land pursuant to any law of this state for the purpose of legally enclosing the same.
(2) Any person violating the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 25246, 1949; s. 893, ch. 71-136; s. 36, ch. 74-383; s. 23, ch. 75-298; s. 187, ch. 91-224; s. 5, ch. 2007-244.
Note.—Former s. 821.071.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.11 - Placing Signs Adjacent to Highways; Penalty.

810.11 Placing signs adjacent to highways; penalty.—
(1) All persons are prohibited from placing, posting, or erecting signs upon land or upon trees upon land adjacent to or adjoining all public highways of the state, without the written consent of the owner of such land, or the written consent of the attorney or agent of such owner.
(2) Every person convicted of a violation of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 13801, 1929; CGL 1936 Supp. 7433(1); s. 892, ch. 71-136; s. 37, ch. 74-383; s. 24, ch. 75-298; s. 188, ch. 91-224.
Note.—Former s. 821.02.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.115 - Breaking or Injuring Fences.

810.115 Breaking or injuring fences.—
(1) Whoever willfully and maliciously breaks down, mars, injures, defaces, cuts, or otherwise creates or causes to be created an opening, gap, interruption, or break in any fence, or any part thereof, belonging to or enclosing land not his or her own, or whoever causes to be broken down, marred, injured, defaced, or cut any fence belonging to or enclosing land not his or her own, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who commits a second or subsequent offense under this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) If the offender breaks or injures a fence as provided in subsection (1) and the fence or any part thereof is used to contain animals at the time of the offense, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) The court may require full compensation to the owner of the fence for any and all damages or losses resulting directly or indirectly from the act or commission pursuant to s. 775.089.
History.—s. 1, ch. 78-256; s. 35, ch. 88-381; s. 189, ch. 91-224; s. 5, ch. 93-37; s. 1234, ch. 97-102; s. 1, ch. 2003-50; s. 6, ch. 2007-244.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.125 - Injury to Certain Trespassers on Agricultural Land; Recovery Limited.

810.125 Injury to certain trespassers on agricultural land; recovery limited.—A person or organization owning, controlling, or possessing an interest in agricultural real property, or an agent of such person or organization, shall not be held liable for negligence related to such property that results in the death of, injury to, or damage to a person who has engaged or is engaging in conduct on the property that is unlawful under either s. 810.10 or s. 810.115 or unlawful trespassing by such person incident to such conduct on the property.
History.—s. 3, ch. 2007-244.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.14 - Voyeurism Prohibited; Penalties.

810.14 Voyeurism prohibited; penalties.—
(1) A person commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent:
(a) Secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy.
(b) Secretly observes another person’s intimate areas in which the person has a reasonable expectation of privacy, when the other person is located in a public or private dwelling, structure, or conveyance. As used in this paragraph, the term “intimate area” means any portion of a person’s body or undergarments that is covered by clothing and intended to be protected from public view.
(2) A person who violates this section commits a misdemeanor of the first degree for the first violation, punishable as provided in s. 775.082 or s. 775.083.
(3) A person who violates this section and who has been previously convicted or adjudicated delinquent two or more times of any violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) For purposes of this section, a person has been previously convicted or adjudicated delinquent of a violation of this section if the violation resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense.
History.—s. 2, ch. 98-415; s. 101, ch. 99-3; s. 1, ch. 2006-267; s. 7, ch. 2014-4.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 810 - Burglary and Trespass › 810.15 - Residential Picketing.

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.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.0145 - Theft From Persons 65 Years of Age or Older; Reclassification of Offenses.

812.0145 Theft from persons 65 years of age or older; reclassification of offenses.—
(1) A person who is convicted of theft of more than $1,000 from a person 65 years of age or older shall be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof.
(2) Whenever a person is charged with committing theft from a person 65 years of age or older, when he or she knows or has reason to believe that the victim was 65 years of age or older, the offense for which the person is charged shall be reclassified as follows:
(a) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $50,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $10,000 or more, but less than $50,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $300 or more, but less than $10,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 2002-162.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.0147 - Unlawful Possession or Use of a Fifth Wheel.

812.0147 Unlawful possession or use of a fifth wheel.—
(1) A person may not modify, alter, attempt to alter, and if altered, sell, possess, offer for sale, move, or cause to be moved onto the highways of this state a device known as a fifth wheel with the intent to use the fifth wheel to commit or attempt to commit theft. As used in this section, the term “fifth wheel” applies only to a fifth wheel on a commercial motor vehicle.
(2) Any person who violates subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 2, ch. 2006-51.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.0155 - Driver License Suspension as an Alternative Sentence for a Person Under 18 Years of Age.

812.0155 Driver license suspension as an alternative sentence for a person under 18 years of age.—
(1) The court may revoke, suspend, or withhold issuance of a driver license of a person less than 18 years of age who violates s. 812.014 or s. 812.015 as an alternative to sentencing the person to:
(a) Probation as defined in s. 985.03 or commitment to the Department of Juvenile Justice, if the person is adjudicated delinquent for such violation and has not previously been convicted of or adjudicated delinquent for any criminal offense, regardless of whether adjudication was withheld.
(b) Probation as defined in s. 985.03, commitment to the Department of Juvenile Justice, probation as defined in chapter 948, community control, or incarceration, if the person is convicted as an adult of such violation and has not previously been convicted of or adjudicated delinquent for any criminal offense, regardless of whether adjudication was withheld.
(2) As used in this subsection, the term “department” means the Department of Highway Safety and Motor Vehicles. A court that revokes, suspends, or withholds issuance of a driver license under subsection (1) shall:
(a) If the person is eligible by reason of age for a driver license or driving privilege, direct the department to revoke or withhold issuance of the person’s driver license or driving privilege for not less than 6 months and not more than 1 year;
(b) If the person’s driver license is under suspension or revocation for any reason, direct the department to extend the period of suspension or revocation by not less than 6 months and not more than 1 year; or
(c) If the person is ineligible by reason of age for a driver license or driving privilege, direct the department to withhold issuance of the person’s driver license or driving privilege for not less than 6 months and not more than 1 year after the date on which the person would otherwise become eligible.
(3) This section does not preclude the court from imposing any other sanction.
History.—s. 4, ch. 2001-115; s. 34, ch. 2004-373; s. 43, ch. 2014-216; s. 38, ch. 2019-167.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.016 - Possession of Altered Property.

812.016 Possession of altered property.—Any dealer in property who knew or should have known that the identifying features, such as serial numbers and permanently affixed labels, of property in his or her possession had been removed or altered without the consent of the manufacturer, shall be guilty of a misdemeanor of the first degree, punishable as defined in ss. 775.082 and 775.083.
History.—s. 6, ch. 77-342; s. 1236, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.017 - Use of a Fraudulently Obtained or False Receipt.

812.017 Use of a fraudulently obtained or false receipt.—
(1) Any person who requests a refund of merchandise, money, or any other thing of value through the use of a fraudulently obtained receipt or false receipt commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who obtains merchandise, money, or any other thing of value through the use of a fraudulently obtained receipt or false receipt commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 5, ch. 2001-115.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.019 - Dealing in Stolen Property.

812.019 Dealing in stolen property.—
(1) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083, and 775.084.
(2) Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree, punishable as provided in ss. 775.082, 775.083, and 775.084.
History.—s. 7, ch. 77-342; s. 1237, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.0191 - Dealing in Property Paid for in Whole or in Part by the Medicaid Program.

812.0191 Dealing in property paid for in whole or in part by the Medicaid program.—
(1) As used in this section, the term:
(a) “Property paid for in whole or in part by the Medicaid program” means any devices, goods, services, drugs, or any other property furnished or intended to be furnished to a recipient of benefits under the Medicaid program.
(b) “Value” means the amount billed to Medicaid for the property dispensed or the market value of the devices, goods, services, or drugs at the time and place of the offense. If the market value cannot be determined, the term means the replacement cost of the devices, goods, services, or drugs within a reasonable time after the offense.
(2) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should have known was paid for in whole or in part by the Medicaid program commits a felony.
(a) If the value of the property involved is less than $20,000, the crime is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the value of the property involved is $20,000 or more but less than $100,000, the crime is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the value of the property involved is $100,000 or more, the crime is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The value of individual items of the devices, goods, services, drugs, or other property involved in distinct transactions committed during a single scheme or course of conduct, whether involving a single person or several persons, may be aggregated when determining the punishment for the offense.
(3) Any person who knowingly initiates, organizes, plans, finances, directs, manages, or supervises the obtaining of property paid for in whole or in part by the Medicaid program and who traffics in, or endeavors to traffic in, such property commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 12, ch. 2004-344.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.0195 - Dealing in Stolen Property by Use of the Internet.

812.0195 Dealing in stolen property by use of the Internet.—Any person in this state who uses the Internet to sell or offer for sale any merchandise or other property that the person knows, or has reasonable cause to believe, is stolen commits:
(1) A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if the value of the property is less than $300; or
(2) A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the value of the property is $300 or more.
History.—s. 6, ch. 2001-115.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.025 - Charging Theft and Dealing in Stolen Property.

812.025 Charging theft and dealing in stolen property.—Notwithstanding any other provision of law, a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, of the counts.
History.—s. 9, ch. 77-342.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.028 - Defenses Precluded.

812.028 Defenses precluded.—It shall not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037 that:
(1) Any stratagem or deception, including the use of an undercover operative or law enforcement officer, was employed.
(2) A facility or an opportunity to engage in conduct in violation of any provision of this act was provided.
(3) Property that was not stolen was offered for sale as stolen property.
(4) A law enforcement officer solicited a person predisposed to engage in conduct in violation of any provision of ss. 812.012-812.037 in order to gain evidence against that person, provided such solicitation would not induce an ordinary law-abiding person to violate any provision of ss. 812.012-812.037.
History.—s. 10, ch. 77-342.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.032 - Supplemental Fine.

812.032 Supplemental fine.—In addition to any other fine authorized by law, a person found guilty of violating any provision of ss. 812.012-812.037, who has thereby derived anything of value, or who has caused personal injury, property damage, or other loss, may, upon motion of the state attorney, be sentenced to pay a fine that does not exceed twice the gross value gained or twice the gross loss caused, whichever is greater, plus the cost of investigation and prosecution. The court shall hold a hearing to determine the amount of the fine to be imposed under this section.
History.—s. 11, ch. 77-342.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.037 - Construction of Ss. 812.012-812.037.

812.037 Construction of ss. 812.012-812.037.—Notwithstanding s. 775.021, ss. 812.012-812.037 shall not be construed strictly or liberally, but shall be construed in light of their purposes to achieve their remedial goals.
History.—s. 13, ch. 77-342; s. 294, ch. 79-400.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.052 - Certain Purchases Prohibited.

812.052 Certain purchases prohibited.—It shall be unlawful for any person to purchase any object used to commemorate a deceased person or placed in memory of a deceased person, or any part of such object, unless the same is sold by an authorized representative of the deceased person or of the cemetery in which such object was placed. Violation of this provision shall be a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 3, ch. 75-118.