1(1) 2The Legislature finds that the case of 9Delgado v. State, 12776 So. 2d 233 (Fla. 2000), was decided contrary to legislative intent and the case law of this state relating to burglary prior to 36Delgado v. State39. The Legislature finds that in order for a burglary to occur, it is not necessary for the licensed or invited person to remain in the dwelling, structure, or conveyance surreptitiously.
70(2) 71It is the intent of the Legislature that the holding in 82Delgado v. State, 85776 So. 2d 233 (Fla. 2000) be nullified. It is further the intent of the Legislature that s. 103810.02(1)(a) 104be construed in conformity with 109Raleigh v. State, 112705 So. 2d 1324 (Fla. 1997); 118Jimenez v. State, 121703 So. 2d 437 (Fla. 1997); 127Robertson v. State, 130699 So. 2d 1343 (Fla. 1997); 136Routly v. State, 139440 So. 2d 1257 (Fla. 1983); and 146Ray v. State, 149522 So. 2d 963 (Fla. 3rd DCA, 1988). This subsection shall operate retroactively to February 1, 2000. 166(3) 167It is further the intent of the Legislature that consent remain an affirmative defense to burglary and that the lack of consent may be proven by circumstantial evidence.
195(4) 196The Legislature finds that the cases of 203Floyd v. State, 206850 So. 2d 383 (Fla. 2002); 212Fitzpatrick v. State, 215859 So. 2d 486 (Fla. 2003); and 222State v. Ruiz225/226State v. Braggs, 229Slip Opinion Nos. SC02-389/SC02-524 were decided contrary to the Legislative intent expressed in this section. The Legislature finds that these cases were decided in such a manner as to give subsection (1) no effect. The February 1, 2000, date reflected in subsection (2) does not refer to an arbitrary date relating to the date offenses were committed, but to a date before which the law relating to burglary was untainted by 300Delgado v. State, 303776 So. 2d 233 (Fla. 2000).
309(5) 310The Legislature provides the following special rules of construction to apply to this section:324(a) 325All subsections in this section shall be construed to give effect to subsection (1);
339(b) 340Notwithstanding s. 342775.021(1), 343this section shall be construed to give the interpretation of the burglary statute announced in 358Delgado v. State, 361776 So. 2d 233 (Fla. 2000), and its progeny, no effect; and 373(c) 374If language in this section is susceptible to differing constructions, it shall be construed in such manner as to approximate the law relating to burglary as if 401Delgado v. State, 404776 So. 2d 233 (Fla. 2000) was never issued.
413(6) 414This section shall apply retroactively.
