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Florida Statute 810.02 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XLVI
CRIMES
Chapter 810
BURGLARY AND TRESPASS
View Entire Chapter
F.S. 810.02
810.02 Burglary.—
(1)(a) For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in 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 or remain.
(b) For offenses committed after July 1, 2001, “burglary” means:
1. Entering 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; or
2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
a. Surreptitiously, with the intent to commit an offense therein;
b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
c. To commit or attempt to commit a forcible felony, as defined in s. 776.08.
(2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:
(a) Makes an assault or battery upon any person; or
(b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or
(c) Enters an occupied or unoccupied dwelling or structure, and:
1. Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or
2. Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.
(3) Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:
(a) Dwelling, and there is another person in the dwelling at the time the offender enters or remains;
(b) Dwelling, and there is not another person in the dwelling at the time the offender enters or remains;
(c) Structure, and there is another person in the structure at the time the offender enters or remains;
(d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains;
(e) Authorized emergency vehicle, as defined in s. 316.003; or
(f) Structure or conveyance when the offense intended to be committed therein is theft of a controlled substance as defined in s. 893.02. Notwithstanding any other law, separate judgments and sentences for burglary with the intent to commit theft of a controlled substance under this paragraph and for any applicable possession of controlled substance offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance.

However, if the burglary is committed during a riot or an aggravated riot prohibited under s. 870.01 and the perpetration of the burglary is facilitated by conditions arising from the riot; or within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the riot” means civil unrest, power outages, curfews, or a reduction in the presence of or response time for first responders or homeland security personnel and the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary during a riot or an aggravated riot or within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

(4) Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:
(a) Structure, and there is not another person in the structure at the time the offender enters or remains; or
(b) Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.

However, if the burglary is committed during a riot or an aggravated riot prohibited under s. 870.01 and the perpetration of the burglary is facilitated by conditions arising from the riot; or within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the terms “conditions arising from the riot” and “conditions arising from the emergency” have the same meanings as provided in subsection (3). A person arrested for committing a burglary during a riot or an aggravated riot or within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

History.—RS 2434; s. 2, ch. 4405, 1895; s. 2, ch. 5411, 1905; GS 3282; RGS 5116; CGL 7217; s. 799, ch. 71-136; s. 31, ch. 74-383; s. 21, ch. 75-298; s. 2, ch. 82-87; s. 1, ch. 83-63; s. 8, ch. 95-184; s. 2, ch. 96-260; s. 2, ch. 2000-233; s. 2, ch. 2001-58; s. 2, ch. 2003-84; s. 1, ch. 2007-115; s. 21, ch. 2011-141; s. 40, ch. 2016-105; s. 28, ch. 2016-145; s. 123, ch. 2019-167; s. 12, ch. 2021-6.

F.S. 810.02 on Google Scholar

F.S. 810.02 on Casetext

Amendments to 810.02


Arrestable Offenses / Crimes under Fla. Stat. 810.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

S810.02 2a - BURGL - WITH ASSAULT OR BATTERY - F: F
S810.02 2b - BURGL - DWELLING STRUCTURE OR CONVEYANCE ARMED - F: F
S810.02 2c1 - BURGL - DWEL OR STRUCT USE VEH AS INSTRUMENT CAUSE DMG - F: F
S810.02 2c2 - BURGL - DWELLING OR STRUCT CAUSE DAMAGE OVER 1000 DOLS - F: F
S810.02 3a - BURGL - OCCUPIED DWELLING UNARMED - F: S
S810.02 3a - BURGL - OCCUPIED DWELLING STATE OF EMERGENCY OR RIOT - F: F
S810.02 3b - BURGL - UNOCCUPIED DWELLING UNARMED - F: S
S810.02 3b - BURGL - UNOCCUPIED DWELLING STATE OF EMERGENCY/RIOT - F: F
S810.02 3c - BURGL - OCCUPIED STRUCTURE UNARMED - F: S
S810.02 3c - BURGL - OCCUPIED STRUCTURE STATE OF EMERGENCY OR RIOT - F: F
S810.02 3d - BURGL - OCCUPIED CONVEYANCE UNARMED - F: S
S810.02 3d - BURGL - OCCUPIED CONVEYANCE STATE OF EMERGENCY/RIOT - F: F
S810.02 3e - BURGL - AUTHORIZED EMERGENCY VEHICLE UNARMED - F: S
S810.02 3e - BURGL - EMERGENCY VEHICLE STATE OF EMERGENCY OR RIOT - F: F
S810.02 3f - BURGL - STRUCTURE CONVEYANCE THEFT CONTROLLED SUBST - F: S
S810.02 3f - BURGL - STRUCT CONVEY THEFT CON SUB STATE OF EMERGENCY - F: F
S810.02 4 - BURGL - RENUMBERED. SEE REC # 6266 AND REC # 6267 - F: T
S810.02 4a - BURGL - UNOCCUPIED STRUCTURE UNARMED - F: T
S810.02 4a - BURGL - UNOCCUPIED STRUCTURE STATE OF EMERGENCY/RIOT - F: S
S810.02 4b - BURGL - UNOCCUPIED CONVEYANCE UNARMED - F: T
S810.02 4b - BURGL - UNOCCUPIED CONVEYANCE STATE OF EMERGENCY/RIOT - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 810.02

Total Results: 20

Ricky D. Dixon, Secretary of the Florida Department of Corrections v. Angel Luis Montero W

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: dwelling with battery pursuant to sections 810.02(1) and 810.02(2)(a), Florida Statutes (2017), and entered

Birdsong v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: of an occupied conveyance with assault. Section 810.02(2), Florida Statutes, defines this offense as a

Roosevelt Smith v. the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-10-30

Snippet: a first-degree felony punishable by life. See § 810.02(2)(a), Fla. Stat. (1990). Following trial, the

State of Florida v. L. C.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: alleging an attempted burglary. See §§ 777.04(4)(d), 810.02(4)(b), Fla. Stat. (2021). L.C. moved to suppress

Joel T. Cooper v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-07

Snippet: 000 in the course of committing the offense. § 810.02(1)(b)1., (2)(c)2., Fla. Stat. (2009); see also

Minor Catledge v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-07-12

Snippet: unarmed, a second-degree felony. See § 810.02(3)(a), Fla. Stat. (2022). However, pursuant

Gary Cornel Melton v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-12

Snippet: reclassify the available penalty for any crime, section 810.02 describes and criminalizes a specific act, burglary

Jamin Ryan Ford v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-05-01

Snippet: novo.”) (quotation marks and citations omitted); § 810.02(1)(b)1., Fla. Stat. (2019) (“[B]urglary” means

Gary Cornel Melton v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-03-27

Snippet: of years not exceeding life imprisonment. See § 810.02(2)(a), Fla. Stat. Appellant argues that the highest

KENNETH WAYNE BOWERS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-01-12

Snippet: [A] prosecution for [a burglary offense under s. 810.02] may be commenced at any time after the date

TREVORISSE THOMAS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-01-05

Snippet: of an occupied dwelling, in violation of section 810.02(3)(a), Florida Statutes (2009), which is a second-degree

CODY J. KEY vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-09-29

Snippet: sentence up to and including life imprisonment. § 810.02(2)(c)2., Fla. Stat. (2010). As such, when as in

Michael Parks v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2023-09-20

Snippet: maximum for the underlying offenses.”); see also § 810.02(2), Fla. Stat. (2010).

HOWARD NELSON BARTEE, III v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-09-06

Snippet: all of the necessary elements of section 810.02(2)(b)[, Florida Statutes (2017)] and the

KRISTOPHER MICHAEL GOODWIN vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-06-16

Snippet: Florida’s burglary statute set forth in section 810.02, Florida Statutes (2019). Generally, in Florida

NAKIA JOHNSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-01-04

Snippet: Id. That statute was later repealed, and section 810.02(3) was implemented, which reclassified appellant’s

DEPARTMENT OF CHILDREN AND FAMILIES vs S.S.L. AND M.D., PARENTS OF O.D., A CHILD

Court: District Court of Appeal of Florida | Date Filed: 2022-12-08

Snippet: providing for O.D.’s material needs. See id. § 39.810(2). While the record supports this conclusion, it

TYRONE JORDAN v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-08-03

Snippet: or battery and robbery in violation of sections 810.02(2)(a) and 812.13(2)(c), Florida Statutes (1993)

D.G.D., A JUVENILE v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-06-15

Snippet: Florida Statutes. 2 In violation of section 810.02(4)(b), Florida Statutes.

THE STATE OF FLORIDA v. CARLOS ALBERTO AVILA

Court: District Court of Appeal of Florida | Date Filed: 2022-01-26

Snippet: of an Occupied Structure pursuant to [section] 810.02(3)C, a felony of the second degree, and not Burglary