Florida/Georgia Personal Injury & Workers Compensation

valid. Fla. Stat. Ann. § 810.09; see also id. at § 810.011 (no definition of “notice”). The trespass statute

"building" or "vehicle." But that is not the case. Section 810.011(1) defines a "structure" to mean "a building

definition of a conveyance in the burglary statute, section 810.011, Florida Statutes (1997). Ch. 99-188, § 7,

of “the curtilage” of the dwelling. Fla. Stat. § 810.011(2). “[T]he inclusion of curtilage takes Florida’s

the burglary. Definitions. Give as applicable. § 810.011(1), Fla. Stat. "Structure" means any building

The State also argues the burglary statute, section 810.011, Florida Statutes (1997), defines "dwelling

such that the definition includes the curtilage. § 810.011(2), Fla. Stat. (1989). Where the legislature has

offense of trespass in a ... conveyance." Section 810.011, Florida Statutes (1991), defines the term

...We agree with the Third and Fourth Districts. The proper connection between the expanded definition of burglary and sentencing is found in the fact that armed burglary is one of the qualifying offenses for a harsher sentence in the Act. In broadening the definition of conveyance in section 810.11, Florida Statutes, which previously encompassed a "railroad car" but not a "railroad vehicle," the Legislature ensured that a serious crime against a *1082 person inside a railroad vehicle (to wit, a locomotive) will be punished accordingly....

upon any person. § 810.02(2)(a), Fla. Stat. Section 810.011(4) provides that an act (such as a battery)

a dwelling, a second-degree felony, under section 810.011(2), Florida Statutes (1995). The *1084 burglarized

closely adjoining land enclosed by a fence or wall. § 810.011(3), Fla. Stat. 5. A "conveyance" means any motor

of a portion of the definition found in Florida Statute 810.011(2) which reads: "Conveyance" means any

notice against remaining on the premises. Section 810.011, Florida Statutes (1997), contains the following

degree felony. A retail store is not a dwelling. § 810.011(2), Fla. Stat. (1987). Section 810.02(3), Florida

intent to commit an offense therein... . [2] § 810.011(1), Fla. Stat. (1983), provides that "Structure"

or remain." [Emphasis added.] Pursuant to Section 810.011, "structure" is defined as: "any building of

whether the language of the Florida Statutes (Section 810.011(1) and Section 810.01) are sufficiently informative

of burglary in instruction 13.1. Definitions. § 810.011(2), Fla. Stat. "Dwelling" means a building or

section 810.09(1), Florida Statutes (1977), and section 810.011(6), Florida Statutes (1977), unconstitutional

renovations constitutes a “dwelling” under section 810.011(2), Florida Statutes (2009). Young also seeks

burglary statute "dwelling" is defined by section 810.011(2), Florida Statutes (1995) as: "a building

the intent to commit an offense therein." Section 810.011(2) defines conveyance as "any motor vehicle

it, together with the curtilage thereof. Id. § 810.011. In this case, the State advances three alternative

prove the elements of "dwelling" as defined in section 810.011(2) Florida Statutes.[1] Specifically, Appellant

or remain. § 810.02(1), Fla. Stat. (1997). Section 810.011(3), Florida Statutes (1997), defines conveyance

the burglary. Definitions; give as applicable. § 810.011(1), Fla. Stat. "Structure" means any building

with the curtilage thereof. § 810.011(1), Fla. Stat. (1995). Section 810.011(1), Florida Statutes (1995)

applied only to grounds, not outbuildings. Section 810.011, Florida Statutes (1993) defines "dwelling"

house and does not exceed five acres in size. § 810.011(5)(b). A violation of the statute is more than

night, together with the cartilage thereof." § 810.011(s), Fla. Stat. (2007). In State v. Hamilton, 660

applicable statute. § 1, Ch. 82-87, Laws of Fla. Section 810.011(2), Florida Statutes (1989) now defines "dwelling"

...irm the burglary conviction. Moreover, the appellant's brief assumes *1004 that the slab was a porch; the argument presented here is simply that the porch was not completely enclosed. We are not persuaded by either argument in view of the wording of section 810.11(2), which does not require that an attached porch be enclosed to make it part of a dwelling and thus susceptible to burglary....

as previously interpreted by this Court. See § 810.011, Fla. Stat. (2012); State v. Hamilton, 660 So

prove the site was posted as specified by section 810.011(5)(a). The trial court agreed that the signage

such as a backhoe. "Conveyance" is defined in section 810.011(3), Florida Statutes (1983), as "any motor

occupied by people lodging therein at night." § 810.011(2), Fla. Stat. (1997). The state asserts that

fenced, or cultivated land as defined by section 810.011.[1]See, e.g., Smith v. State, 778 So.2d 329

building. Fla.Std. Jury Instr. (Crim.) 136; see § 810.011(1) and (2), Fla. Stat. (1989) (definitions of

night, together with the curtilage thereof." § 810.011(2), Fla. Stat. (2001). At trial, appellant moved

defendant is licensed to enter or remain. Section 810.011(2) provides: "Conveyance" means any motor vehicle

Certainly the statutory definitions contained in section 810.011, Florida Statutes, control the meaning of these

as to give adequate constructive notice. See § 810.011(5)(a), Fla. Stat. (2001); In Interest of B.P.

within the curtilage of the home. It was. Section 810.011(2), Florida Statutes (1983), defines a "dwelling"

definition of the word "structure" is contained in Section 810.011(1), Florida Statutes (1979), which provides:

1990), which regards the 1982 amendment to Section 810.011(2), Florida Statutes, as superseding the common-law

night, together with the curtilage thereof.” § 810.011(2), Fla. Stat. (2013). A “structure” is defined

remain." "Conveyance" means any motor vehicle. § 810.011(3), Fla.Stat. (Supp. 1994). It is undisputed that

expressly includes "any attached porch." See § 810.011(2), Fla. Stat. (1999). The state argues that Blanchard's

[1] "Conveyance" includes any motor vehicle. § 810.011(3), Fla. Stat. (2001).

burglary if the structure entered is a dwelling. Section 810.011(1) defines structure to mean "a building of

is licensed or invited to enter or remain." Section 810.011(3), Florida Statutes (1981), defines conveyance

considered a "dwelling" within the meaning of section 810.011(2), Florida Statutes (1989).[1] Appellants

trespass and a second-degree misdemeanor. Section 810.011(1), Florida Statutes (2008), defines "structure"

or in flight after the attempt or commission. § 810.011(4), Fla. Stat. (2015). It is difficult to conceive

previously qualified as a dwelling under section 810.011. Section 810.011(2) defines a "dwelling" as "a building

and Fourth District Courts of Appeal that Section 810.011(1), *431 Florida Statutes, extends the application

"structure" because it is a building and it has a roof. § 810.011(1), Fla. Stat. (2007) (defining "structure" as

attached porch ... [and] the curtilage thereof.” § 810.011(2), Fla. Stat. (1999).

reasonable care under the circumstances. Fla. Stat. § 810.011(2) *769“Dwelling” means a building or conveyance

enter or remain." A structure is defined in Section 810.011(1) as "any building of any kind, either temporary

structure which by definition includes its curtilage. § 810.011(1) and § 810.02(1), Fla. Stat. (1989). The evidence

therein. See § 810.02, Fla. Stat. (2008). Section 810.011(2), Florida Statutes (2008), defines "dwelling"

02, Florida Statutes (2002) is defined in section 810.011(2) as follows: "Dwelling" means a building

810.02(1) and 810.02(3), Florida Statutes. Section 810.011(2), Florida Statutes (Supp. 1982), defines

taking apart any portion of the conveyance. Section 810.011(3), Fla. Stat. (1989). The Legislature expressly

include the curtilage of the structure. Fla. Stat. § 810.011(1). Florida case law construes curtilage narrowly

occupied by people lodging therein at night ...." § 810.011(2), Fla. Stat. (1995). In our view, the houses

taking apart any portion of the conveyance...." § 810.011(3), Fla. Stat. (1995) (emphasis supplied). Appellee

clearly noticeable from outside the boundary line. § 810.011(5)(a), Fla. Stat. (2002). At Lewis's trial, there

Id. § 810.011(a)(1). It defines “dwelling” similarly. See id. § 810.011(a)(2). “Conveyance”

cultivation," as described in Florida Statute 810.011 (2006).[2] Section 810.011(5)(a) specifically describes

night, together with the curtilage thereof.” § 810.011(2), Fla. Stat. Appellant argues that the location

by section 810.02, Florida Statutes (2009). Section 810.011(2) defines the term “dwelling” to mean “a building

the intent to commit an offense therein.... . § 810.011(1), Fla.Stat. (1983), provides that "Structure”

SALCINES, JJ., Concur. NOTES [1] As defined in section 810.011(2), Florida Statutes (1997), the dwelling would

curtilage thereof. Id. § 810.011(2); see also id. § 810.011(1) (defining “structure” as

or lessee to depart the conveyance. Id.; see § 810.011(3), Fla. Stat. (2005) (defining “conveyance” as

specific heights, and in type of a certain size. See § 810.011(5), Fla. Stat.1 In the absence of this prior warning

not have to be “posted” in accordance with section 810.011(5), Florida Statutes. It is sufficient if the

and not a "conveyance" within the meaning of section 810.011, Florida Statutes (2000). There was "not such

Definitions. Give as applicable. § 810.011(1), Fla. Stat. Dubose v. State, 210

at night, together with the curtilage thereof. § 810.011(2), Fla. Stat. (2009) (emphasis added). There

by definition, "the curtilage thereof." See § 810.011(1), Fla. Stat. (1995). Here, the first element

definition of a "dwelling" as provided in section 810.011(2), Florida Statutes (2010). We agree and reverse

taking apart any portion of the conveyance." § 810.011(3), Fla. Stat. (1997). We conclude that this was

night, together with the curti-lage thereof.” Id. § 810.011(2) (emphasis added). After his Florida conviction

it was a "dwelling" within the meaning of section 810.011(2), Florida Statutes (2000). When the defense

at night .... ” Id. at 805 (quoting Fla. Stat. § 810.011(2)). Although the court concluded that such a

posting, fencing, or cultivation as described in § 810.011, commits the offense of trespass on property other

posting, fencing, or cultivation as described in § 810.011, commits the offense of trespass on property other

property was not “posted land” as defined by section 810.011(5)(a), Florida Statutes (2000).1 Assuming that

be guilty of a felony of the third degree. . § 810.011. As used in this chapter: (1) “Structure” means

curtilage surrounding that structure. Fla. Stat. § 810.011(1) (1989). Thus, Day’s nolo contendere plea to

“the curtilage” of the dwelling. Fla. Stat. § 810.011(2). “[T]he inclusion of curtilage takes Florida’s

“the curtilage” of the dwelling. Fla. Stat. § 810.011(2). “[T]he inclusion of curtilage takes Florida’s

“the curtilage” of the dwelling. Fla. Stat. § 810.011(2). “[T]he inclusion of curtilage takes Florida’s

Definitions; give as applicable. § 810.011(1), Fla. Stat. “Structure” means any building

776.08. § 810.02(1)(b), Fla. Stat. (2007). Section 810.011 defines structure and dwelling: (1) "Structure"

Greer v. State, 354 So.2d 952 (Fla. 3d DCA 1978); § 810.011(1), (2), Fla.Stat. (1987). Reversed and remanded

over it, together with the curtilage thereof.” § 810.011(1), Fla. Stat. (1986) (emphasis added). The inclusion

furtherance of such appointment or engagement. § 810.011(1), Fla. Stat; Dubose v. State, 210 So. 3d 641

homeland security personnel. *1324 § 810.011(2), Fla. Stat. ; Dubose v. State,

“structure” and “dwelling” include the cur-tilage. See § 810.011(1), (2), Fla. Stat. (2000). The “curtilage” includes

communication or by posting as described in section 810.011. By his own admission, Ward had no lawful reason

also amended to better track the language of section 810.011(3), Florida Statutes. Next, instructions

considered a “dwelling” within the meaning of section 810.011(2), Florida Statutes (1989).1 Appellants argue

and not a “conveyance” within the meaning of section 810.011, Florida Statutes (2000). There was “not such

that the area have some form of enclosure. See § 810.011(1), Fla.Stat. (1991). The court narrowly interpreted

purposes of section 810.02(3), Florida Statutes. See § 810.011(2), Fla.Stat. We reject this argument and affirm

more than 500 feet apart on agricultural land. § 810.011(5)(a), Fla. Stat. (2014). Turning to the statute

after . . . commission” of the burglary. See § 810.011(4), Fla. Stat. But the person Appellant allegedly

night, together with the curtilage thereof. § 810.011(2), Fla. Stat. (2009) (emphasis added). There

as to give adequate constructive notice. See § 810.011(5)(a), Fla. Stat. (2001); In Interest of B.P.

over it, together with the curtilage thereof.” § 810.011(1), Fla. Stat. (2014). A plain reading of the

with the curtilage thereof. Fla. Stat. § 810.011(2). 1 1 The Supreme Court has held that Florida’s

...Stat.aNN, § 810.02(l)(a) (West 2011). Section 810.011 defines the term “structure” used in § 810.02 as “a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.” Fla. Stat. Ann. § 810.11 (1) (West 2007)....

Pier Corporation, 112 So. 841 (Fla. 1927). 8 Section 810.011(1), Fla. Stat. (1995), defines "[s]tructure"

810, which governs burglary and trespass. See § 810.011, Fla. Stat. (2015). However, the standard jury

night, together with the curtilage thereof.” § 810.011(2), Fla. Stat.

PER CURIAM. Affirmed. See § 810.011(4), Fla. Stat. (1989); Carbajal v. State, 75 So.3d 258 (Fla.2011);

cultivation,” as described in Florida Statute 810.011 (2006).2 Section 810.011(5)(a) specifically describes

burglary. Definitions; give as applicable § 810.011(1), FlaStat. “Structure” means any building of

house is afforded the same protection, under section 810.011(2), as an occupied house). Moore does not specify

unarmed burglar who arms himself once inside. Section 810.011(3), Florida Statutes (1981), states: (3) An

...ied; however, that is difficult to reconcile with the definition of structure in the burglary statute: (1) “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.... § 810.11(1) Dakes was the first case to address the issue of whether a theft in a space not open to the public could constitute a burglary in an open retail store....

within the curtilage of the home. It was. Section 810.011(2), Florida Statutes (1983), defines a “dwelling”

curtilage thereof.’ ” Id. (quoting Fla. Stat. § 810.011(a)(1)). Accordingly, neither the record nor current

taking apart any portion of the conveyance.” § 810.011(3), Fla.Stat. (1983). The elements of breaking

responders or homeland security personnel. § 810.011(2), Fla. Stat.; Dubose v. State, 210 So. 3d 641

Definitions; give as applicable. § 810.011(1), Fla. Stat. “Structure” means any building

means intentionally, knowingly, and purposely. § 810.011(1), Fla. Stat. and State v. Hamilton, 660 So.2d

is licensed or invited to enter or remain. Section 810.011(1), Florida Statutes (1991) defines structure

Definitions. Give as applicable. § 810.011(1), Fla. Stat. Dubose v. State, 210 So. 3d 641

notice by posting or fencing, as defined by section 810.011. To. achieve notice through actual communication

feet apart on agricultural land. § 810.011(5)(a), Fla. Stat. (2014).

offender, by posting notices, or by fencing. See § 810.011 (5) -(8), Fla. Stat. (2016). Given that this offense

offender, by posting notices, or by fencing. See § 810.011 (5)-(8), Fla. Stat. (2016). Given that this offense

together with the curtilage thereof.” See Fla. Stat. § 810.011(1) (West 1995); see also Henry v. State, 707 So

together with the curtilage thereof.” Fla. Stat. § 810.011(1) (1989). Because Florida burglary could be committed

” § 810.02(1)(b)1., Fla. Stat. (2022). Section 810.011(2) defines a “dwelling” as a building

v. State, 397 So.2d 1120, 1123 (Fla.1981). Section 810.011, Florida Statutes (2002), defines a structure

*56Section 810.02(3), Florida Statutes (1991). § 810.011, Fla.Stat. (1991) (“ ‘Dwelling’ means a building

places within the city. Appellee points to section 810.011, Florida Statutes (1997), which defines a motor

curtilage without the owner’s permission. See § 810.011(2), Fla. Stat. (2008); Dukes v. State, 796 So

trespass in a structure or conveyance." Nearby section 810.011(1), Florida Statutes (2006), defines a structure

notice was given by posting as described in section 810.-011(5)(a), Florida Statutes (1987). The state

owner, lessee, or occupant of said land.” Section 810.-011(5)(a), Florida Statutes (1991) The trial court

“in the course of committing” is defined in Section 810.011(4) as follows: (4) An act “is in the course

not include a bicycle within the definition. § 810.011(3), Fla. Stat. This omission of bicycles is consistent

without a legitimate, lawful purpose. § 810.011(2), Fla. Stat. “Dwelling” means a building

(citations omitted). We observe, then, that section 810.011(5)(a) does define “posted land.” That section

such as a backhoe. “Conveyance” is defined in section 810.-011(3), Florida Statutes (1983), as “any motor

PER CURIAM. Affirmed. § 810.011(3) Fla.Stat. (1993) (“‘[T]o enter a conveyance’ includes taking apart

did not qualify as a dwelling as defined by section 810.011, Florida Statutes (2006), and as a result,

the statutory definition of “dwelling” in section 810.011(2), Florida Statutes (1995), the design of

under the circumstances. . Fla, Stat. § 810.011(2), Fla. Stat. “Dwelling” means a building

- Definitions; give as applicable. § 810.011(1), Fla. Stat. “Structure” means any building

defined as a building with "a roof over it." § 810.011(1), Fla. Stat. (2016). The facts in evidence indicate

defined as a building with “a roof over it.” § 810.011(1), Fla. Stat. (2016). The facts in evidence

charge of Burglary of an Occupied Structure.1 Section 810.011(1) of the Florida Statutes defines “structure”