Ratliff v. State

We have for review Ratliff v. State, 668 So.2d 1090 (Fla. 1st DCA 1996). We accepted jurisdiction to answer the following question certified to be of great public importance:

DO THE 1982 AMENDMENTS TO CHAPTER 810, FLORIDA STATUTES, SUPERSEDE THE COMMON-LAW DEFINITION OF A DWELLING, WHEREBY A STRUCTURE’S DESIGN OR SUITABILITY FOR HABITATION, RATHER THAN ACTUAL OCCUPANCY OR INTENT TO OCCUPY, IS CONTROLLING IN DETERMINING WHETHER A STRUCTURE CONSTITUTES A DWELLING?

Id. at 1090-91.1

The First District affirmed petitioner’s conviction for burglary of a dwelling based on its holding in Perkins v.…