Florida/Georgia Personal Injury & Workers Compensation

...act when accompanied by some intent other than the intent to do the act itself or the intent (or presumed intent) to cause the natural and necessary consequences of the act. See State v. Gullett, 606 S.W.2d 796, 804 (Mo. Ct. App. 1980). For example, section 817.233, Florida Statutes (1981), defines a specific intent crime when it refers to "any person who willfully and with intent to injure or defraud the insuror sets fire to ... any building." (emphasis added) See also Myers v. State, 422 N.E.2d at 750, where the Indiana appellate court drew the same distinction under similar Indiana arson statutes as we do under sections 806.01(1) and 817.233....

...5th DCA 1991), approved and adopted by, State v. Thompson, 607 So.2d 422 (Fla. 1992), appellant argues that he should not have been convicted of filing a false insurance claim in violation of section 817.234(1)(a), Florida Statutes, and burning with the intent to defraud in violation of section 817.233, Florida Statutes, where he was also convicted of grand theft, because all three crimes are in the nature of theft offenses....

...State, 504 So.2d 434, 435 (Fla. 2d DCA 1987). Therefore, Bell was properly convicted of both second degree arson and burning to defraud an insurance company. REVERSED and REMANDED. W. SHARP and DIAMANTIS, JJ., concur. NOTES [1] § 806.01(2), Fla. Stat. (1991). [2] § 817.233, Fla....

considered a lesser offense, is *435proscribed by section 817.233, Florida Statutes (1985). It requires proof

...that portion of the final order requiring Romano to attend Commission meetings as a penalty. In all other respects, the final order is affirmed. AFFIRMED IN PART; REVERSED IN PART. GRIFFIN and ORFINGER, JJ., concur. . § 812.014(2)(b), Fla. Stat. . § 817.233, Fla....

...Further, the state contended, unlike other sections within chapter 817, section 817.505(1)(a) does not contain any “specific intent” words which might suggest the possibility of a heightened mens rea requirement. See § 817.03, Fla. Stat. (2016) (“with a fraudulent intent”); § 817.233, Fla....

NORTHCUTT, Judge. A jury convicted Jesus Perez of arson of a dwelling, § 806.01(l)(a), Fla. Stat. (2009), and burning to defraud an insurer, § 817.233, Fla....

...eavoring to obtain $20,000 or more from Nationwide in violation of section 812.014, Florida Statutes. For reasons not expressed or made known to us, the state did not charge appellant with the offense of burning to defraud an insurer in violation of section 817.233, Florida Statutes....

...Appellant’s third point complains of restrictions on his cross-examination of a witness. We find this error was not properly preserved for appellate review. Finally, we find no error in the trial court’s denial of an instruction on the offense of burning to defraud an insurer based on section 817.233....