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Florida Burglary Laws

Overview of Florida Burglary Laws

In general, burglary is a property crime that describes the entry or occupation of another's premises with an intent to engage in unlawful activity. To establish the elements of the offense set by Florida state laws, a prosecutor must show that the defendant entered the premises with a specific intent to carry out a crime. For example, a defendant might have entered a home with the intent to commit theft.

A prosecutor must show that the defendant entered the premises without authorization. Alternatively, a prosecutor can also establish a burglary if the defendant initially had permission to enter but remained on the premises after the invitation had expired or had been revoked.

In Florida, the state may prosecute a burglary as a felony in the first degree, second degree, or third degree. In addition, the prosecutor can establish a first degree felony if the defendant used a motor vehicle to damage the dwelling or structure or if the defendant caused over $1,000 in damage to the dwelling or structure during the burglary.

If the defendant did not commit assault or battery and did not use a deadly weapon, the state might prosecute the burglary as a second degree felony. The prosecutor must show that the defendant committed burglary of a type of dwelling, structure, or conveyance specified by the laws of Florida. A dwelling serves as a place for inhabitation, while a structure describes a building of any kind that is not designed for inhabitation or occupation. Conveyances include cars, trailers ships, boats, and other properties. A dwelling may serve as the premises for a burglary regardless of whether anyone was present at the time of the offense.  

Defenses to Burglary Charges

  • Owner consented to the defendant's entry or presence on the property
  • Premises were open to the public at the time
  • Defendant lacked intent to commit a crime

Penalties and Sentences

Florida state laws allow the prosecution of a burglary as a felony in the first degree, second degree, or third degree. The punishment for a conviction depends on the degree of the crime. A third degree felony may result in a term of imprisonment for up to five years and a fine of an amount up to $5,000. The sentence may increase to a maximum sentence of imprisonment for fifteen years and a fine of $10,000 for a second degree felony. If the crime qualifies as a first degree felony, the state may request a sentence for a term up to life imprisonment and a fine in an amount up to $10,000.

Though state law sets a maximum sentence for each degree of burglary, the Florida Statutes also allow for increased sentences in certain cases where the defendant has a record of prior felony convictions or qualifies as a career criminal as defined by law. 

Florida Burglary Statute

Florida Statutes Section 810.011-810.06 (scroll down for sections)

Note: State laws are constantly changing -- please contact a Florida criminal law attorney or conduct your own legal research to verify the state law(s) you are researching.

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