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F.S. 806.111 on Google Scholar

F.S. 806.111 on Casetext

Amendments to 806.111


The 2022 Florida Statutes

Title XLVI
CRIMES
Chapter 806
ARSON AND CRIMINAL MISCHIEF
View Entire Chapter
F.S. 806.111 Florida Statutes and Case Law
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.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 806.111 on Google Scholar

F.S. 806.111 on Casetext

Amendments to 806.111


Arrestable Offenses / Crimes under Fla. Stat. 806.111
Level: Degree
Misdemeanor/Felony: First/Second/Third

806.111 - INCENDIARY DEVICE-USING - POSSESS MANUFACTURE ETC WIT FIREBOMB - F: T


Civil Citations / Citable Offenses under S806.111
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 806.111.


Annotations, Discussions, Cases:

  1. U.S. v. Jackson

    199 F.3d 1279 (11th Cir. 2000)   Cited 2 times
    We conclude that the possession of a fire bomb with the intent to use it to willfully damage any structure or property by fire or explosion, as defined by Fla. Stat. § 806.111, is inherently conduct that presents a serious potential risk of physical injury to another person. Accordingly, the district court properly concluded that Jackson's conviction for possession of a fire bomb under Fla. Stat. § 806.111 was a crime of violence for career-offender purposes.
    PAGE 1281
  2. Wait v. Inch

    Case No. 5:18cv023-MCR/CAS (N.D. Fla. Jan. 18, 2019)
    (2) transporting a fire bomb: transporting a fire bomb with the intent that such fire bomb be willfully and unlawfully used to damage by fire or explosion any structure or property, or aiding and abetting the same, contrary to Florida Statutes 806.111(1) and 777.011 (2011).
    PAGE 22
  3. State v. Jackson

    No. E1999-02013-CCA-R3-CD (Tenn. Crim. App. Jun. 29, 2001)   Cited 1 times
    According to Florida Statutes Annotated § 806.111 "[a]ny person who possesses, manufactures, transports, or disposes of a fire bomb with intent that such firebomb be willfully and unlawfully used to damage by fire or explosion any structure or property is guilty of a felony . . . ." Fla. Stat. Ann. § 806.111(1). Thereafter, a fire bomb is defined as "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 . . . ." Fla. Stat. Ann. § 806.111(2)(b).
  4. Castle v. State

    305 So. 2d 794 (Fla. Dist. Ct. App. 1975)   Cited 54 times
    Where an officer of state government, while engaged in performing his lawful duties, observes contraband or criminal evidence, he may seize the items and they are admissible in evidence, cf., Bretti v. Wainwright, 439 F.2d 1042 (5th Cir. 1971), cert. den. 404 U.S. 943, 92 S.Ct. 293, 30 L.Ed.2d 257; United States v. Green, 474 F.2d 1385 (5th Cir. 1973); State v. Parnell, 221 So.2d 129, on rehearing 233 So.2d 437 (Fla. 1969); Boim v. State, 194 So.2d 313 (3d D.C.A.Fla. 1967); Farrington v. State, 207 So.2d 513 (3d D.C.A.Fla. 1968); Riley v. State, 263 So.2d 200 (Fla. 1972); and Powers v. State, 271 So.2d 462 (1st D.C.A.Fla. 1973). There has been no suggestion in this case that the Fire Chief was not lawfully aboard the sailboat for proper firefighting and fire control purposes. At this time he was an ex-officio agent of the state Fire Marshal (§ 633.121, F.S.). While aboard the boat for a lawful and obviously necessary public safety reason, the Fire Chief observed the incriminating evidence. These items, which he saw in plain view while performing his lawful duties, were seized and removed for public safety reasons. But even if he had not removed the materials for safety reasons…
    PAGE 796
  5. Moore v. State

    787 So. 2d 71 (Fla. Dist. Ct. App. 2001)
    Neither did the evidence prove Moore guilty of the fire bomb charge. Section 806.111, Florida Statutes (1997), makes it illegal to possess, manufacture, transport or dispose of a fire bomb, defined as "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[.]" Here, the evidence showed that Moore possessed a container with a wick or similar device, but there was no proof that it contained a flammable or combustible liquid.
    PAGE 72
  6. Swindle v. State

    254 So. 2d 811 (Fla. Dist. Ct. App. 1971)   Cited 10 times
    Appellant seeks review of a judgment and sentence entered against him following a jury verdict of guilty in response to a Bill of Information charging him with "Possession of a Fire Bomb," as prohibited by F.S. § 806.111, F.S.A.
  7. State v. Terrell

    406 So. 2d 1215 (Fla. Dist. Ct. App. 1981)
    The defendant-appellee was charged with possession of a fire bomb in violation of Section 806.111, Florida Statutes (1979). The trial court granted her sworn motion to dismiss under Fla.R.Crim.P. 3.190(c)(4) and the state appeals. The order is manifestly erroneous and is reversed.
  8. State v. Sanders

    239 So. 2d 120 (Fla. Dist. Ct. App. 1970)   Cited 7 times
    Florida Statutes § 933.19, F.S.A. has specifically adopted the Carroll decision. The warrantless search in the instant case was proper if the arresting officer had probable cause to believe that contraband was being transported in the car. Fire-bombs are made contraband by Fla. Stat. § 806.111, F.S.A. The arresting officer had a report that a person fitting appellee's description had threatened to burn down the tavern. A person fitting appellee's description was seen in the vicinity of the building in the company of two other people, one of whom had a bottle of some type. Police officers had followed these suspects from the vicinity of the threatened building to the place where the search was conducted and had found weapons and a firebomb in appellee's car. Considering the above-mentioned facts, the arresting officer had probable cause to conduct the search for weapons as well as for contraband, i.e., a firebomb. See also Sessions v. State, Fla.App. 1968, 213 So.2d 614.
    PAGE 121
  9. Standard Jury Instructions in Crim. Cases

    723 So. 2d 123 (Fla. 1998)   Cited 28 times

    011 800.02 800.03 800.02 800.04 784.011 784.03 800.02 806.01 806.01 806.13 806.13 806.13 806.13 806.111 806.13 806.13 806.13 806.13 806.13 806.13 810.02 810.02 784.045 784.03 784.021 784.011 810.02 810

  10. In re Stan. Jury Instr. in Criminal Cases

    543 So. 2d 1205 (Fla. 1989)   Cited 25 times
    6. Chapter 88-381, § 46, Laws of Florida, amends Section 806.111(1)(b), Florida Statutes, which defines "fire bomb." The definition in the instruction on page 129 of the manual should be amended to conform to the statute as follows:
    PAGE 1207