Fla. Stat. § 810.02

Burglary in Florida

Burglary in Florida isn’t about breaking a window — it’s about entering with criminal intent. The degree, and the penalties, turn on what was entered and what happened inside.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

What the Statute Requires

Under § 810.02, burglary is entering a dwelling, structure, or conveyance with the intent to commit an offense inside — or remaining in one surreptitiously with that intent. There is no requirement of a "break-in"; entering an unlocked door can suffice if the intent is there.

The Governing Statute
Fla. Stat. § 810.02 — Burglary
""Burglary" means … [e]ntering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter."
Read the full statute on Online Sunshine →

The key and most-contested element is intent at the time of entry. The degree depends on whether it was a dwelling, whether anyone was inside, and whether the defendant was armed or committed a battery.

The Degrees & Penalties

Burglary — Degrees & Penalties
Third-degree felony (unoccupied structure/conveyance): up to 5 years.

Second-degree felony (dwelling, or occupied structure): up to 15 years.

First-degree felony (armed, causes injury, or uses a vehicle to enter): up to life.

What a Defense Attorney Looks For

  • Intent at entry. The State must prove criminal intent existed when you entered — the hardest element to prove.
  • Consent or license to enter, which negates burglary.
  • Whether the space qualifies as a dwelling, structure, or conveyance.
  • Identity and the strength of the State’s evidence placing you inside.

Frequently Asked Questions

Does burglary require breaking in in Florida?
No. Under § 810.02, burglary requires entering (or remaining surreptitiously) with intent to commit an offense. No forced entry or "break-in" is required — walking through an unlocked door with criminal intent can qualify.
What is the difference between burglary degrees in Florida?
It turns on what was entered and what happened. Entering an unoccupied structure is third-degree; a dwelling or occupied structure is second-degree; and being armed, causing injury, or ramming a vehicle to enter is first-degree, punishable by up to life.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 810.02 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.