Category: Criminal Offenses · Statute: F.S. 806.01 · Source: Florida Legislature
Understanding Arson in Florida
Under Florida Statute Section 806.01, arson is defined as the willful and unlawful damage of any structure or personal property by fire or explosion. Florida law categorizes arson based on the type of property targeted and the presence of human beings. First-degree arson, a first-degree felony, occurs when a person damages a dwelling, an occupied structure, or any facility where people are normally present, such as a school, church, or hospital. The state does not need to prove the accused knew the building was occupied at the time, only that they intentionally set the fire or caused the explosion.
Second-degree arson applies to unoccupied structures, such as abandoned buildings or commercial properties during non-business hours, and is charged as a second-degree felony. Additionally, Florida law addresses the intentional burning of personal property. Under the same statute, damaging personal property valued at $25 or more by fire or explosion is prosecuted as a second-degree felony. Because arson inherently carries a high risk of bodily harm or death to occupants and first responders, Florida prosecutors pursue these charges aggressively, often relying on specialized fire marshals and forensic investigators to prove intent.
Arson and Pretrial Release in Florida
Because arson involves fire and explosives, Florida courts view the offense as a severe threat to public safety. Consequently, defendants charged with first-degree arson are rarely granted standard bond schedule release and must typically appear before a judge for a first appearance hearing. Judges frequently impose high cash or surety bond amounts, require GPS monitoring, and issue strict stay-away orders from the targeted property. If the court determines the defendant poses an ongoing danger to the community, pretrial detention may be ordered without bond.