Florida criminal charge
Arson in Florida
Arson is a criminal offense under Florida law, defined by Fla. Stat. § 806.01. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 806.01.
What is the penalty for arson in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 30 years (Arson in the first degree — Willfully and unlawfully, or while committing any felony, by fire or explosion damages or causes damage to a dwelling, an occupied-type structure such as jails, hospitals, stores, churches or schools during normal hours, or any structure known or reasonably believed to be occupied by a human being.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Arson in the first degree — Willfully and unlawfully, or while committing any felony, by fire or explosion damages or causes damage to a dwelling, an occupied-type structure such as jails, hospitals, stores, churches or schools during normal hours, or any structure known or reasonably believed to be occupied by a human being.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Arson in the second degree — Willfully and unlawfully, or while committing any felony, by fire or explosion damages or causes damage to any structure, one's own or another's, under circumstances not covered by subsection (1).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Arson in the second degree — Willfully and unlawfully, or while committing any felony, by fire or explosion damages or causes damage to any structure, one's own or another's, under circumstances not covered by subsection (1).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is arson classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Arson in the first degree | Felony of the First Degree | Willfully and unlawfully, or while committing any felony, by fire or explosion damages or causes damage to a dwelling, an occupied-type structure such as jails, hospitals, stores, churches or schools during normal hours, or any structure known or reasonably believed to be occupied by a human being. | Fla. Stat. § 806.01(1) |
| Arson in the second degree | Felony of the Second Degree | Willfully and unlawfully, or while committing any felony, by fire or explosion damages or causes damage to any structure, one's own or another's, under circumstances not covered by subsection (1). | Fla. Stat. § 806.01(2) |
Common questions about arson in Florida
Is arson a felony or a misdemeanor in Florida?
It depends on the circumstances: arson ranges from a Felony of the Second Degree to a Felony of the First Degree in Florida under Fla. Stat. § 806.01.
Arson in the first degree: Felony of the First Degree (Fla. Stat. § 806.01(1)) · Arson in the second degree: Felony of the Second Degree (Fla. Stat. § 806.01(2))
What are the penalties for arson in Florida?
Penalties for arson in Florida depend on how it is classified — from a Felony of the Second Degree up to a Felony of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers arson?
Arson is governed by Fla. Stat. § 806.01 (Arson).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.