Does burglary require breaking in?
No. The common-law "breaking" element isn't part of Florida's offense.
Entry through an unlocked door, an open window, an unsecured garage, or a gate all qualify. So does entering somewhere you were previously welcome, if permission had been withdrawn.
What the State must prove instead is intent at the time of entry — that you entered intending to commit an offense inside. That's the element that carries these cases, and it's rarely proven directly.
It's typically inferred from circumstances: time of day, whether the entry was concealed, what was said or done afterward, whether anything was taken, what the person was carrying, and how they responded when discovered.
Every one of those inferences has an alternative reading, and developing the alternative is the defense. A person who entered a structure for shelter, or who entered a vehicle believing it was theirs, or who entered on a genuine misunderstanding about permission, lacks the required intent.
No forced entry needed — which means intent is the whole fight. ---
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