Florida statute
Fla. Stat. § 806.01 — Arson
Current through 2025 Florida Statutes
Part of Chapter 806: Arson and Criminal Mischief, Florida Statutes.
Criminal charges under this statute
Full text of Fla. Stat. § 806.01
Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.
(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.
Official sources
Legal terms used in this section
Questions this section answers
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))
Which Florida statute covers arson?
Arson is governed by Fla. Stat. § 806.01 (Arson).
This reference is informational and is not legal advice.