Cases from cite.case.law:

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

. . . APPENDIX 12.1 ARSON - FIRST DEGREE § 806.01(1), Fla. Stat. . . . Give 2a if § 806.01(1)(a), Fla. Stat. is charged. 2. a. . . . Give 2b if § 806.01(1)(b), Fla. Stat. is charged. b. . . . Give 2c if § 806.01(1)(c), Fla. Stat. is charged. c. . . . Lesser Included Offenses ARSON - 806.01(1) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. . . .

BOERNER, v. LVNV FUNDING LLC PA,, 326 F. Supp. 3d 665 (E.D. Wis. 2018)

. . . . § 806.01 ; Menomonie Farmers Credit Union v. . . .

ARMAS, v. STATE, 250 So. 3d 817 (Fla. App. Ct. 2018)

. . . . § 806.01; see also Valdes , 3 So.3d at 1076 (quoting State v. . . .

STEVENS, v. STATE, 226 So. 3d 787 (Fla. 2017)

. . . . § 806.01(1), Fla. Stat. . . . .” § 806.01(3), Fla. Stat. . . . See § 806.01, Fla. Stat.; Neilson v. . . . Again, section 806.01(2) only applies to structures not referred to in section 806.01(1); therefore, . . . See § 806.01(l)(c), Fla. Stat. . . .

UNITED STATES v. MITCHELL,, 218 F. Supp. 3d 360 (M.D. Pa. 2016)

. . . . § 806.01; Ga. Code Ann. §§ 16-7-60 to -62; Hawai'i Rev. . . .

STEVENS, v. STATE, 195 So. 3d 403 (Fla. Dist. Ct. App. 2016)

. . . His reason was that a dwelling under section 806.01(l)(a) is also a structure under sections 806.01(2 . . . Stevens requested it based solely on the definition of “structure” in section 806.01(3). . . . With respect to section 806.01(2), Moore fails to do so. . . . (1) is entitled to an instruction under section 806.01(2). . . . and arson of an occupied structure under section 806.01(l)(c). . . .

GRIMES, v. STATE, 181 So. 3d 587 (Fla. Dist. Ct. App. 2016)

. . . Under the rule of lenity, the 1990 amendment to section 806.01, Florida Statutes, mei’ely relieves the . . . proving that a person who causes a fire “while in the commission of any felony” did so intentionally. § 806.01 . . .

M. T. A. a v. STATE, 182 So. 3d 689 (Fla. Dist. Ct. App. 2015)

. . . Section 806.01(2), Florida Statutes (2014) provides: ' Any person who willfully and unlawfully, or while . . . In 1979, section 806.01 was amended to remove malice -from the ■ statute. . . . District provided a detailed analysis of whether voluntary intoxication was a defense to arson in section 806.01 . . .

SCHOONOVER, v. STATE, 176 So. 3d 994 (Fla. Dist. Ct. App. 2015)

. . . (3), 775.087(2)(a)(l) and 775.087(2)(a)(2); COUNT II ARSON-DWELLING (FI) — POSSESSION AND DISCHARGE 806.01 . . . discharged a “destructive device” as that term is defined in s. 790.001 in violation of Florida Statute 806.01 . . .

P. GERARD M. v. J. GERARD,, 780 F.3d 806 (7th Cir. 2015)

. . . . § 806.01(2). . . .

P. GERARD M. v. J. GERARD,, 780 F.3d 806 (7th Cir. 2015)

. . . . § 806.01(2). . . .

DURFEY, v. STATE, 148 So. 3d 848 (Fla. Dist. Ct. App. 2014)

. . . Statutes (2011), and the statutory citation for the second-degree arson conviction should be section 806.01 . . .

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

. . . Give 2a ov-2bif§ 806.01(1) (a), Fla. Stat. is charged. 2. a. . . . Give 2b if § 806.01(1)(b), Fla. Stat. is charged. b. . . . Give 2c if § 806.01(l)(c), Fla. Stat. is charged. c. . . . Give 3c if charged under § 806.01(1) (c), Fla-.-J5tat. e, — [a-strueture]. . . . “Unlawfully” means without a legitimate, lawful purpose. § 806.01(3) Fla. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . The (structure alleged) was Give 3a if charged, under § 806.01(1) (a), Fla. Stat. a. [a dwelling]. . . . Give 3b if charged under § 806.01(1) (b), Fla. Stat. b. . . . Give Sc if charged under § 806.01(1) (c), Fla. Stat. c.[a structure]. . . . Give only if charged under § 806.01(l)(c), Fla. . . . Give if applicable. § 806.01(3), Fla. Stat. “Structure” means: Any building of any kind. . . .

BAXTER, v. STATE, 127 So. 3d 726 (Fla. Dist. Ct. App. 2013)

. . . Section 806.01(l)(c), Florida Statutes, provides: "(1) Any person who willfully and unlawfully, or while . . .

PEREZ, v. STATE, 120 So. 3d 168 (Fla. Dist. Ct. App. 2013)

. . . A jury convicted Jesus Perez of arson of a dwelling, § 806.01(l)(a), Fla. . . .

GIL, v. STATE, 118 So. 3d 787 (Fla. 2013)

. . . as an example the arson statute, which identifies two degrees of arson. 3 So.3d at 1076; see also § 806.01 . . .

J. H. C. H. v. STATE, 107 So. 3d 1249 (Fla. Dist. Ct. App. 2013)

. . . Orders adjudicating each of them guilty of first-degree felony arson of a dwelling, contrary to section 806.01 . . .

KACZMAR, III, v. STATE Of, 104 So. 3d 990 (Fla. 2012)

. . . Section 806.01, Florida Statutes (2007), governs arson: (1) Any person who willfully and unlawfully, . . . appurtenances thereto, any tent or other portable building, and any vehicle, vessel, watercraft, or aircraft. § 806.01 . . .

ABBATE, v. STATE, 82 So. 3d 886 (Fla. Dist. Ct. App. 2011)

. . . The state charged the defendant with second-degree arson under section 806.01(2), Florida Statutes (2006 . . . resulting in injury to another because the statutory elements of second-degree arson as provided in section 806.01 . . .

VALLES, v. PIMA COUNTY,, 776 F. Supp. 2d 995 (D. Ariz. 2011)

. . . . § 11-806.01 and Pima County Zoning Code Chapter 18.69.” (DSOF 6; PSOF 3.) . . .

PARTCH, v. STATE, 43 So. 3d 758 (Fla. Dist. Ct. App. 2010)

. . . . § 806.01. It is in such cases, and only such cases, that the exception was intended to apply. . . .

DSE GROUP, LLC v. RICHARDSON,, 381 F. App'x 749 (9th Cir. 2010)

. . . . § 11-806.01 (delegating power of zoning subdivisions to the Maricopa County Board of Supervisors). . . .

BELL, v. A. McNEIL,, 353 F. App'x 281 (11th Cir. 2009)

. . . . § 806.01(l)(a). . . . Stat. § 806.01(1 )(a), and commits criminal mischief when he willfully and maliciously damages property . . .

UNITED STATES v. VELEZ- ALDERETE, E., 569 F.3d 541 (5th Cir. 2009)

. . . . § 806.01 ("any structure ... under any circumstances” and defining "structure” as, among other things . . .

KEUNGNE, v. U. S. ATTORNEY GENERAL,, 561 F.3d 1281 (11th Cir. 2009)

. . . . § 806.01(2))). . . . Stat. § 806.01(2)). . Based on In re Fualaau, 21 I. & N. . . .

VALDES, v. STATE, 3 So. 3d 1067 (Fla. 2009)

. . . . § 806.01. It is in such cases, and only such cases, that the exception was intended to apply. . . .

UNITED STATES v. L. WHEELER,, 535 F.3d 446 (6th Cir. 2008)

. . . . §§ 777.04, 806.01 and 720 Ill. Comp. . . .

FLORES, v. STATE, 974 So. 2d 556 (Fla. Dist. Ct. App. 2008)

. . . . § 806.01 Arson. (2) Any person who willfully and unlawfully, ... by fire or explosion, damages or causes . . . degree.... (3) As used in this chapter, 'structure' means any building of any kind... any vehicle .... § 806.01 . . .

FREUDENBERGER, v. STATE, 940 So. 2d 551 (Fla. Dist. Ct. App. 2006)

. . . offenses against the Apostles Lutheran Church located in Brandon: arson in the second degree, section 806.01 . . .

STATE v. PAUL,, 934 So. 2d 1167 (Fla. 2006)

. . . . § 806.01. It is in such cases, and only such cases, that the exception was intended to apply. . . .

MOORE, v. STATE, 932 So. 2d 524 (Fla. Dist. Ct. App. 2006)

. . . The State charged the defendant with first degree arson in violation of section 806.01(l)(a), Florida . . . unlawfully, by fire or explosion, damage or cause to be damaged a dwelling, located at ..., contrary to F.S. 806.01 . . . a structure within the broad definition of the term “structure” found in the arson statute, section 806.01 . . .

L. WASHINGTON, v. STATE, 933 So. 2d 577 (Fla. Dist. Ct. App. 2006)

. . . . § 806.01(l)(a), Fla. Stat. (2001). . §§ 810.02(1) and (3); 810.07, Fla. . . .

VUKSANOVIC, v. U. S. ATTORNEY GENERAL,, 439 F.3d 1308 (11th Cir. 2006)

. . . After review, we conclude Yuksanovic’s second-degree arson conviction in violation of § 806.01(2), Florida . . . arson], is guilty of arson in the second degree, which constitutes a felony of the second degree.... § 806.01 . . . See id. § 806.01(3). . . .

I. M. a v. STATE, 917 So. 2d 927 (Fla. Dist. Ct. App. 2005)

. . . , a juvenile, was adjudicated delinquent of one count of first-degree arson, a violation of section 806.01 . . . persons are normally present, to-wit: RI-BAULT MIDDLE SCHOOL, contrary to the provisions of Section 806.01 . . . See § 806.01(3) (defining “structure” to include “any building of any kind”). . . . See § 806.01(l)(a)-(c). . . . See § 806.01(2). . . .

UNITED STATES v. VELASQUEZ- REYES, a. k. a., 427 F.3d 1227 (9th Cir. 2005)

. . . . § 806.01 (West 2005); Ga.Code Ann. § 16-7-61 (West 2005); Idaho Code Ann. § 18-804 (2005); 720 Ill. . . .

UNITED STATES v. RAINEY,, 362 F.3d 733 (11th Cir. 2004)

. . . . § 806.01(1) (1987). . . . Section 806.01(2) provided that [a]ny person who willfully and unlawfully, by fire or explosion, damages . . . Ann. § 806.01(2) (1987). . . .

RUDISEL, v. STATE, 861 So. 2d 98 (Fla. Dist. Ct. App. 2003)

. . . in his prison cell were not “contents” of the cell within the meaning of the arson statute, section 806.01 . . .

In A. GARCIA M. N. A. v. A. M. A., 276 B.R. 627 (Bankr. D. Ariz. 2002)

. . . . § 33-806.01, which restricts the fee a beneficiary may charge upon sale of residential trust property . . . alienation, is void as against public policy, is in violation of Arizona Revised Statutes section 33-806.01 . . .

D. JANSON, v. STATE, 785 So. 2d 731 (Fla. Dist. Ct. App. 2001)

. . . . §§ 806.01(1); 817.233, Fla. Stat. (1995). . Janson v. . . .

GALVEZ- VASQUEZ, v. STATE, 787 So. 2d 146 (Fla. Dist. Ct. App. 2001)

. . . armed burglary of a dwelling and one count of first-degree arson in violation of sections 810.02 and 806.01 . . .

STATE v. HARRINGTON,, 782 So. 2d 505 (Fla. Dist. Ct. App. 2001)

. . . A person is guilty of arson as defined in section 806.01, Florida Statutes (1999), when they willfully . . .

MOORE, v. STATE, 787 So. 2d 71 (Fla. Dist. Ct. App. 2001)

. . . Turning first to the attempted arson of a dwelling charge, section 806.01(l)(a), Florida Statutes (1997 . . . reasonable grounds to believe is occupied by a human being also are classified as first degree arsons. § 806.01 . . . Arson of any other structure is second degree arson, a second degree felony. § 806.01(2), Fla. . . . thereto, any tent or other portable building, and any vehicle, vessel, watercraft, or aircraft.” § 806.01 . . . attempting to commit an arson of “a certain dwelling house, or its contents ... contrary to Chapter 806.01 . . .

STATE v. McFARLAND,, 747 So. 2d 481 (Fla. Dist. Ct. App. 2000)

. . . by information with committing various crimes, including arson of a dwelling in violation of section 806.01 . . .

COSTON, v. STATE, 765 So. 2d 52 (Fla. Dist. Ct. App. 1999)

. . . See §§ 777.04, 806.01, Fla. Stat. (1997). . . . See § 806.01, Fla. Stat. (1997). . . .

SMITH, v. K. SINGLETARY, Jr., 170 F.3d 1051 (11th Cir. 1999)

. . . . § 806.01 (defining arson); Fla. Stat. § 794.011 (defining sexual battery); Fla. . . .

MITCHELL, v. STATE, 734 So. 2d 1067 (Fla. Dist. Ct. App. 1999)

. . . A vacant, damaged, boarded-up house is not a “dwelling” within the meaning of section 806.01, Florida . . .

M. NEILSON, v. STATE, 713 So. 2d 1110 (Fla. Dist. Ct. App. 1998)

. . . by a human being so as to support a conviction for arson in the first degree in violation of section 806.01 . . . Neilson was charged pursuant to section 806.01(l)(c). . . . that he knew or had reasonable grounds to believe was occupied by a human being; contrary to Chapter 806.01 . . . (l)(c), Florida Statutes ” Section 806.01(3) defines “structure” as follows: (3) As used in this chapter . . . Thus, under the precise wording of the information and the definition of “structure” in section 806.01 . . . However, in order to support a conviction of first-degree arson under section 806.01(1), Florida Statutes . . . Because the State failed to prove an essential element of first-degree arson under section 806.01(l)( . . . The evidence, however, supports a conviction of second-degree arson under section 806.01(2), and judgment . . .

PAXTON, v. STATE, 701 So. 2d 1255 (Fla. Dist. Ct. App. 1997)

. . . . § 806.01(1), Fla. Slat. (1995). . § 810.02, Fla. Stat. (1995). .Miranda v. . . .

T. E. a v. STATE, 701 So. 2d 1237 (Fla. Dist. Ct. App. 1997)

. . . charged by petition with a single count of arson of an unoccupied structure in violation of section 806.01 . . . Section 806.01, Florida Statutes (1995), provides in pertinent part: (1) Any person who willfully and . . . As a general intent statute, section 806.01 “prohibits either a specific voluntary act or something that . . .

ROONEY, v. STATE, 699 So. 2d 1027 (Fla. Dist. Ct. App. 1997)

. . . . §§ 806.01(2); 810.02(1) & (3); 806.13; 914.23, Fla. Stat. (1991). . . .

B. PACHECO, III, v. STATE, 698 So. 2d 593 (Fla. Dist. Ct. App. 1997)

. . . See § 806.01(l)(c), Fla. Stat. (1991). . . .

J. C. a v. STATE, 695 So. 2d 765 (Fla. Dist. Ct. App. 1997)

. . . recycling container does not meet the statutory definition of a “structure,” as contemplated in section 806.01 . . . appurtenances thereto, any tent or other portable building, and any vehicle, vessel, watercraft, or aircraft. § 806.01 . . . “Fla.Stat. § 806.01: Florida Arson Law — The Evolution of the 1979 Amendments,” 8 Fla. St. . . . meaningful difference between the recycling container’s “cover” and a “roof,” as contemplated in section 806.01 . . .

In J. DERRICK, M. J. DERRICK M. v. RICHARD L. GRAFE COMMODITIES, INC., 190 B.R. 346 (Bank. W.D. Wis. 1995)

. . . . § 806.01. . . .

ROONEY, v. STATE, 654 So. 2d 673 (Fla. Dist. Ct. App. 1995)

. . . . § 806.01(2), Fla.Stat. (1991). . § 914.23, Fla.Stat. (1991). . . .

BELL, v. STATE, 650 So. 2d 1032 (Fla. Dist. Ct. App. 1995)

. . . . § 806.01(2), Fla.Stat. (1991). . § 817.233, Fla.Stat. (1991). .§ 817.234, Fla.Stat. (1991). . . . .

R. DAVIS, v. STATE, 634 So. 2d 287 (Fla. Dist. Ct. App. 1994)

. . . Appellant was convicted upon a no contest plea of two counts of first-degree arson in violation of section 806.01 . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . Give 3b if charged under F.S. 806.01(l)(b) b. . . . Give 3c if charged under F.S. 806.01(l)(c) c. [a structure.] . . . The new language is added based on 1990 amendments to F.S. 806.01(1). . . . Definition 806.01(3) “Structure” means: 1. Any building of any kind. 2. . . . The new language is added based on 1990 amendments to F.S. 806.01(2). . . .

ROBERTS, v. STATE, 599 So. 2d 751 (Fla. Dist. Ct. App. 1992)

. . . .-011(4), s. 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a violation of s. 794.011(2) or . . .

UNITED STATES v. DAY,, 943 F.2d 1306 (11th Cir. 1991)

. . . . § 806.01(2). . . . Florida law defines a structure for purposes of Section 806.01 to include "any vessel [or] watereraft . . . Stat. § 806.01(3). . . .

In NICKS, FLORIDA FARM BUREAU INSURANCE CO. v. NICKS,, 131 B.R. 218 (Bankr. M.D. Fla. 1991)

. . . Florida Statute 806.01 states that “any person who willfully and unlawfully, by fire or explosion, damages . . .

WALSINGHAM, v. STATE, 576 So. 2d 365 (Fla. Dist. Ct. App. 1991)

. . . the defendant with committing arson on November 5, 1988, a first-degree felony proscribed by section 806.01 . . .

In M. H. a, 572 So. 2d 1019 (Fla. Dist. Ct. App. 1991)

. . . The applicable statute, section 806.01(1), Florida Statutes (1989), provides: (1) Any person who willfully . . .

KNIGHTEN, v. STATE, 568 So. 2d 1001 (Fla. Dist. Ct. App. 1990)

. . . John Henry Knighten appeals his conviction and sentence for arson, a violation of section 806.01, Florida . . .

BERRY, v. STATE, 566 So. 2d 22 (Fla. Dist. Ct. App. 1990)

. . . be damaged a dwelling or its contents” which were the property of Charlie Berry, contrary to Section 806.01 . . . one’s own home as charged and proved in this case simply is not arson within the meaning of section 806.01 . . . Section 806.01, defines the crime of arson and provides in pertinent part: Any person who willfully and . . . Thus, we hold that a violation of section 806.01 can be proved by evidence that a defendant willfully . . . The evidence in this case was sufficient to support a conviction under section 806.01. . . .

STATE v. BENNETT,, 565 So. 2d 803 (Fla. Dist. Ct. App. 1990)

. . . is there a definition of "dwelling” except the phrase "whether occupied or not” contained in section 806.01 . . .

HIGGINS, v. STATE, 565 So. 2d 698 (Fla. 1990)

. . . So.2d 177, 179 (Fla. 1st DCA 1989), because the court certified the following question: IS SECTION 806.01 . . . (2), FLA.STAT., SECOND DEGREE ARSON, A NECESSARILY INCLUDED OFFENSE OF § 806.01(1), FLA.STAT., FIRST . . . damaged a structure or contents thereof where persons are normally present,” contrary to subsection 806.01 . . . Section 806.01(1) first degree arson, does not include all of the elements of § 806.01(2) second degree . . . (Emphasis added.) . § 806.01(2) arson is listed as a necessarily lesser included offense of § 806.01( . . .

SAN- MARTIN, v. STATE, 562 So. 2d 776 (Fla. Dist. Ct. App. 1990)

. . . fails to support this reason, his record includes prior crimes against property and arson under section 806.01 . . .

VELAZQUEZ, v. STATE, 561 So. 2d 347 (Fla. Dist. Ct. App. 1990)

. . . manslaughter [§ 782.07, Fla.Stat. (1989)], aggravated battery [§ 784.045, Fla.Stat. (1989) ], and arson [§ 806.01 . . .

GOULD, v. STATE, 558 So. 2d 481 (Fla. Dist. Ct. App. 1990)

. . . . §§ 806.01-806.04, F.S.A.).” Brown, 206 So.2d at 381. . . .

E. KRANTZ, v. STATE, 553 So. 2d 746 (Fla. Dist. Ct. App. 1989)

. . . Arson is proscribed by section 806.01, Florida Statutes (1987). 806.01 Arson.— (1)Any person who willfully . . .

HIGGINS, v. STATE, 553 So. 2d 177 (Fla. Dist. Ct. App. 1989)

. . . appealed the trial court’s denial of his request to have the jury instructed on second degree arson, § 806.01 . . . Stat., as a necessarily lesser included offense of the offense charged, first degree arson, § 806.01( . . . Section 806.01(1) first degree arson, does not include all of the elements of § 806.01(2) second degree . . . offenses and this opinion, we certify to the Florida Supreme Court the following question: IS SECTION 806.01 . . . (2), FLA.STAT., SECOND DEGREE ARSON, A NECESSARILY LESSER INCLUDED OFFENSE OF § 806.01(1), FLA.STAT., . . .

In A. SPORE,, 105 B.R. 476 (Bank. W.D. Wis. 1989)

. . . WIS.STAT. 806.01. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . 800.04 None Attempt Assault — 784.011 Battery — 784.03 Unnatural and lascivious act — 800.02 Arson — 806.01 . . . (1) Arson — 806.01(2) Criminal mischief — 806.-13(l)(b)l Attempt Criminal mischief — 806.-13(l)(b)2. . . .

VICKERY, v. STATE NUNNARI, v. STATE, 539 So. 2d 499 (Fla. Dist. Ct. App. 1989)

. . . offenses 782.04(1) — (2) Specified sexual battery 794.011(4) offenses and 794.041 Specified arson offenses 806.01 . . .

ERWIN, v. STATE, 532 So. 2d 724 (Fla. Dist. Ct. App. 1988)

. . . Ricky Coleman Erwin was convicted of, inter alia, arson of an occupied structure pursuant to section 806.01 . . . Section 806.-01(l)(c) provides as follows: 806.01 Arson.— (1) Any person who willfully and unlawfully . . . However, the evidence does support a conviction under section 806.01(2), Florida Statutes (1985) on the . . . majority opinion that there was insufficient evidence to sustain the conviction for first degree arson (§ 806.01 . . .

E. HART, v. STATE, 524 So. 2d 707 (Fla. Dist. Ct. App. 1988)

. . . defendant is guilty of Arson in the First Degree and Burning to Defraud an Insurer under Florida Statutes 806.01 . . .

M. SHINHOLSER, v. STATE, 522 So. 2d 530 (Fla. Dist. Ct. App. 1988)

. . . Under counts IV, V, VI, VII, VIII, IX, and X, Shinholser was convicted of arson pursuant to section 806.01 . . .

STATE v. E. McBRIDE,, 519 So. 2d 716 (Fla. Dist. Ct. App. 1988)

. . . All in violation of and contrary to Section 806.01, Florida Statutes. . . . Like the defendant in the instant case, Mayle was charged with second degree arson under Section 806.01 . . . The inclusion of such facts has only served to confuse. .Section 806.01 provides in pertinent part: ( . . .

THE FLORIDA BAR RE STANDARD JURY INSTRUCTIONS- CRIMINAL, 508 So. 2d 1221 (Fla. 1987)

. . . 800.04 None Attempt Assault — 784.011 Battery — 784.03 Unnatural and lascivious act— 800.02 Arson — 806.01 . . . (1) Arson — 806.01(2) Criminal mischief— 806.13(l)(b)l Attempt Criminal mischief— 806.13(l)(b)2 Criminal . . .

CALLAHAN, v. STATE, 504 So. 2d 434 (Fla. Dist. Ct. App. 1987)

. . . insurance and intent to injure or defraud the insurer, elements not found in the arson statute, section 806.01 . . .

STATE v. JONES,, 501 So. 2d 753 (Fla. Dist. Ct. App. 1987)

. . . impression: Is an unenclosed motorcycle a “structure” as contemplated by the statutory provisions of section 806.01 . . . The applicable statute provides: 806.01 Arson.— (1)Any person who willfully and unlawfully, by fire or . . . Jones was charged with violation of section 806.01(2) by willfully damaging, by fire or explosion, the . . . The dissent contends that the purpose of section 806.01(2) is to “more severely punish those who burn . . . This rationale overlooks section 806.01(1), which in actuality serves that purpose by providing that . . .

STATE v. JONES,, 497 So. 2d 723 (Fla. Dist. Ct. App. 1986)

. . . impression: Is an unenclosed motorcycle a “structure” contemplated by the statutory provisions of section 806.01 . . . The applicable statute provides: 806.01 Arson.— (1)Any person who willfully and unlawfully, by fire or . . . Jones was charged with violation of section 806.01(2) by willfully damaging, by fire or explosion, the . . .

STATE v. TROUTMAN,, 490 So. 2d 209 (Fla. Dist. Ct. App. 1986)

. . . The subject information follows the language of the arson statute [§ 806.01(1), Fla.Stat. (1985)] which . . .

CERTAIN BRITISH UNDERWRITERS AT LLOYDS OF LONDON, ENGLAND, v. JET CHARTER SERVICE, INC., 789 F.2d 1534 (11th Cir. 1986)

. . . . § 806.01(3), “structure” is defined as “any building of any kind, any enclosed area with a roof over . . .

STATE OF FLORIDA v. BENSON, 19 Fla. Supp. 2d 103 (Fla. Cir. Ct. 1985)

. . . with reasonable grounds to believe that a human being was therein, in violation of Florida Statute 806.01 . . .

O. LINEHAN, v. STATE, 476 So. 2d 1262 (Fla. 1985)

. . . Petitioner was indicted for arson under section 806.01, Florida Statutes (1981), and first-degree felony . . . trial court’s denial of the voluntary intoxication instruction and held that (1) arson under section 806.01 . . . In the instant case, petitioner was charged with arson under section 806.01 and felony murder, with arson . . . Section 806.01 reads, in part: “Any person who willfully and unlawfully, by fire or explosion, damages . . . Accordingly, we hold that arson under section 806.01 is a general intent crime and, therefore, voluntary . . .

BROWN, v. STATE, 473 So. 2d 1260 (Fla. 1985)

. . . Appellant says that arson of an unoccupied structure under section 806.01(2), Florida Statutes (1977) . . .

STATE v. CREIGHTON,, 469 So. 2d 735 (Fla. 1985)

. . . Respondent was charged in a two-count information with first-degree arson in violation of section 806.01 . . . Section 806.01(1), Florida Statutes (1981), provides: (1) Any person who willfully and unlawfully, by . . .

B. ROBERTS, v. STATE, 461 So. 2d 212 (Fla. Dist. Ct. App. 1984)

. . . The second degree arson charged in this case, in violation of section 806.01(2), involved appellant’s . . .

STATE v. D. HANSCOM,, 460 So. 2d 924 (Fla. Dist. Ct. App. 1984)

. . . of a felony of the first degree for a violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01 . . .

P. P. M. a v. STATE, 447 So. 2d 445 (Fla. Dist. Ct. App. 1984)

. . . of first degree arson because the burned structure was not a dwelling within the meaning of section 806.01 . . . trial court erred in concluding that the subject house was a dwelling inside the meaning of section 806.01 . . . remand with instructions that the trial court enter judgment on the lesser included offense [section 806.01 . . . Section 806.01(l)(a), Fla.Stat. (1981), provides: (1) Any person who willfully and unlawfully, by fire . . . Section 806.01(2), Fla.Stat. (1981), provides: (2) Any person who willfully and unlawfully, by fire or . . .

In R. L. A. a v. STATE, 447 So. 2d 448 (Fla. Dist. Ct. App. 1984)

. . . remand with instructions that the trial court enter judgment on the lesser included offense [section 806.01 . . .

LANGTON, v. STATE, 448 So. 2d 534 (Fla. Dist. Ct. App. 1984)

. . . Defendant was convicted under section 806.01(1), Florida Statutes (1981), of arson in the first degree . . .

STATE v. WALL,, 445 So. 2d 646 (Fla. Dist. Ct. App. 1984)

. . . motion to dismiss an amended information accusing him of second degree arson in violation of section 806.01 . . . The second degree arson statute, section 806.01(2), reads in relevant part: Any person who willfully . . . Subsection (3) of section 806.01 provides that, as used in chapter 806, the definition of “structure” . . . Although the word “unlawfully” in section 806.01 has yet to be clearly defined, we believe that where . . . See Fla.Stat. § 806.01: Florida Arson Law — The Evolution of the 1979 Amendments, Lawrence W. . . .

WATTS, v. STATE, 440 So. 2d 505 (Fla. Dist. Ct. App. 1983)

. . . ”), 790.05 (carrying “any pistol” without a license), 790.23(1) (a felon possessing “any firearm”), 806.01 . . .

LINEHAN, v. STATE, 442 So. 2d 244 (Fla. Dist. Ct. App. 1983)

. . . Defendant was indicted for arson under section 806.01, Florida Statutes (1981), and for first degree . . . However, we find that arson under section 806.01, Florida Statutes (1981), is a general intent crime . . . Accordingly, section 806.01(1) of the Florida arson statute, which says that a person who “willfully . . . be drawn readily and easily from the bare wording of section 806.01. . . . Ann., section 2C:17-1, in contrast to section 806.01, Florida Statutes (1981), provides that the crime . . .

STATE v. HOAG, 419 So. 2d 416 (Fla. Dist. Ct. App. 1982)

. . . State, 416 So.2d 522, 523 (Fla. 4th DCA 1982) (new arson statute § 806.01(l)(a) does not require showing . . .

LOFTON, v. STATE P. DEANDREA, v. STATE, 416 So. 2d 522 (Fla. Dist. Ct. App. 1982)

. . . These consolidated cases involve the constitutionality of Section 806.01(l)(a), Florida Statutes (1979 . . . After consideration of Lofton’s contentions regarding the constitutionality of Section 806.01, we are . . . Section 806.01, Florida Statutes (1981), provides as follows: (1)Any person who willfully and unlawfully . . . Fla.Stat. § 806.01: Florida Arson Law — Evolution of the 1979 Amendments, 8 F.S.U.L.Rev. 81 (1980). . . .

In FOOD FAIR, INC. FOOD DISTRIBUTION CENTER a v. FOOD FAIR, INC., 15 B.R. 569 (Bankr. S.D.N.Y. 1981)

. . . Federal Rule of Appellate Proeedure (Appellate Rule) 10(b). 13 Collier on Bankruptcy, (14th ed.), ¶ 806.01 . . .