The 2023 Florida Statutes (including Special Session C)
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. . . After Delgado was decided, the Florida Legislature passed section 810.015, Florida Statutes (2001), which . . .
. . . Hicks, 421 So.2d 510, 510-11 (Fla. 1982); see also § 810.015, Fla. Stat. (2015). . . .
. . . State, 9 So.3d 593, 605 (Fla.2009) (quoting § 810.015(3), Fla. Stat. (2004)). . . .
. . . Stat. (2008); see also § 810.015(l)-(6), Fla. . . .
. . . See e.g., § 810.015(3) Fla. Stat. (2010); State v. Hicks, 421 So.2d 510 (Fla.1982); Metales v. . . .
. . . . § 810.015. B. . . . Stat. § 810.015 (reinstating Ray). . . .
. . . In amending the burglary statute, the Legislature stated, in pertinent part, as follows: 810.015. . . . the licensed or invited person to remain in the dwelling, structure, or conveyance surreptitiously. § 810.015 . . .
. . . where the theory of felony murder was legally inadequate), superseded on other grounds by statute, § 810.015 . . .
. . . (creating § 810.015(1), Florida Statutes (2002)). . . . .
. . . Section 810.015(3), Florida Statutes (2004), provides, “It is further the intent of the Legislature that . . . See § 810.015(3), Fla. . . .
. . . See § 810.015(3), Fla. Stat. (2005) (stating that consent is an affirmative defense to burglary). . . .
. . . Legislature’s clearly expressed intention to override a prior judicial construction is seen in section 810.015 . . .
. . . See § 810.015(1)-(2), Fla. Stat. (2002); ch.2001-58, § 1, Laws of Fla. . . . In response, the Legislature amended sections 810.015 and 810.02 to abrogate Delgado. . . .
. . . make clear that an invited person entering a premises need not remain surreptitiously and adopted § 810.015 . . . Ann. § 810.015 (2001). The legislature’s abrogation of Delgado took effect on May 25, 2001. . . .
. . . . § 810.015. This statute was effective retroactively to February 1, 2000. Id. . . . .
. . . Id. at 242, superseded by § 810.015, Fla. Stat. (2001). . . . Section 810.015(1), Florida Statutes, states as follows: The Legislature finds that the case of Delgado . . .
. . . In particular, the trial court noted that under section 810.015, Florida Statutes (2002), even if appellant . . .
. . . legislature nullified the holding of Delgado in chapter 2004-93, Laws of Florida, codified at section 810.015 . . . 2004-93, Laws of Florida, effective May 21, 2004, codified at paragraphs (4) through (6) of section 810.015 . . .
. . . After the supreme court rendered its decision in Delgado, the legislature passed section 810.015, Florida . . .
. . . See § 810.015(2), Fla. Stat. (2001). . . .
. . . conviction for burglary of a dwelling based on Delgado and noting that the Legislature’s language in section 810.015 . . . Although the Legislature would later nullify Delgado by enacting section 810.015(2), Florida Statutes . . . The events in Petitioner's case occurred on November 9, 1999, before the retroactive date of section 810.015 . . .
. . . , Florida Statutes (2002): 810.015 Legislative findings and intent; burglary.— (1) The Legislature finds . . . The Third District determined that section 810.015(2) was intended to apply to cases such as Braggs’ . . . State, 850 So.2d 383 (Fla.2002), that the express language of section 810.015(2) makes it inapplicable . . . However, the Legislature also stated that subsection (2) of § 810.015 would “operate retroactively to . . . State, and noting that the Legislature’s language in section 810.015(2) regarding the nullification of . . .
. . . Supreme Court has not yet receded from Delgado (and that Delgado .survived the enactment of section 810.015 . . . See § 810.015, Fla. Stat. (2001). . . .
. . . the Legislature addressed the Delgado construction of the burglary statute in a statement of intent: 810.015 . . . affirmative defense to burglary and that the lack of consent may be proven by circumstantial evidence. § 810.015 . . . See § 810.015, Fla. Stat. (2001). . . .
. . . See § 810.015(1), Fla. Stat. (2002). . . . See § 810.015(3), Fla. Stat. (2002). . . . See § 810.015(2), Fla. Stat. (2002). . . .
. . . legislature amended the burglary statute with the intent of overturning Delgado by the enactment of section 810.015 . . .
. . . Although the Florida Legislature subsequently enacted section 810.015, Florida Statutes (2001), which . . .
. . . In section 810.015, Florida Statutes (2001), the legislature expressed its intent that Delgado be nullified . . .
. . . On May 25, 2001, the Governor approved House Bill 953, which created section 810.015(2), Florida Statutes . . . Section 810.015(2) states that “[i]t is the intent of the Legislature that the holding in Delgado v. . . . See § 810.015(2), Fla. Stat. . . . In nullifying Delgado, the Legislature stated that section 810.015(2) “shall operate retroactively to . . . In discussing what would occur to the defendant in Delgado after the enactment of section 810.015, the . . . We are aware that in enacting section 810.015(2), Florida Statutes (2001), the Legislature stated its . . . However, the Legislature also stated that subsection (2) of § 810.015 would "operate retroactively to . . . do not fall within the window established by the Legislature for retroactive application of section 810.015 . . . State, and noting that the Legislature's language in section 810.015(2) regarding the nullification of . . .
. . . offense in Floyd occurred in 1998, well before February 1, 2000, the date the legislature, in section 810.015 . . . court added the following important footnote to its opinion: We are aware that in enacting section 810.015 . . . However, the Legislature also stated that subsection (2) of § 810.015 would “operate retroactively to . . . do not fall within the window established by the Legislature for retroactive application of section 810.015 . . . State, and noting that the Legislature’s language in section 810.015(2) regarding the nullification of . . . State, 776 So.2d 233 (Fla.2000)), the Florida Legislature enacted section 810.015, Florida Statutes ( . . . the legislative intent, as reflected in the opinions preceding Delgado that were recited in section 810.015 . . . Florida Statutes (1999), we agree that Chapter 2001-58, section 1, Laws of Florida (codified at section 810.015 . . . Chapter 2001-58, section 1, provides: 810.015 Legislative findings and intent; burglary.— (1) The Legislature . . . State, 793 So.2d 1078, 1079 n. 1 (Fla. 2d DCA 2001) ("Section 810.015, Florida Statutes (2001), nullifies . . . State, 789 So.2d 1108, 1108 n. 1 (Fla. 3d DCA 2001) ("We are aware of the creation of section 810.015 . . .
. . . We are aware of the creation of section 810.015, Florida Statutes (2001) by which the legislature has . . .
. . . Section 810.015, Florida Statutes, is created to read: 810.015 Legislative findings and intent; burglary . . .
. . . . § 810.015). This nullification, however, operates retroactively to February 1, 2000. Id. . . .
. . . Section 810.015, Florida Statutes (2001), nullifies Delgado v. State, 776 So.2d 233. . . .