Florida Statutes

Fla. Stat. § 810.06 (2025)

Possession of burglary tools.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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810.06 Possession of burglary tools.—Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 30, sub-ch. 4, ch. 1637, 1868; RS 2439; GS 3286; RGS 5120; CGL 7221; s. 804, ch. 71-136; s. 32, ch. 74-383; s. 22, ch. 75-298; s. 1232, ch. 97-102.

Arrestable Offenses under F.S. 810.06

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§810.06BURGL TOOLS-POSSESSPOSSESS BURGLARY TOOLS WITH INTENT TO USEF · 3rd

Notes of Decisions

Cited in 81 cases, 1955–2019 · leading case: Calliar v. State, 760 So. 2d 885 (Fla. 1999).

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Calliar v. State, 760 So. 2d 885 (Fla. 1999). · cites it 22× “After his arrest, a jury convicted Calliar of possession of burglary tools in violation of section 810.06, Florida Statutes (1995), as well as burglary of an occupied structure and resisting an officer without violence.”

Green v. State, 604 So. 2d 471 (Fla. 1992). · cites it 8× “We therefore quash the decision under review and direct the district court to reverse the conviction for possession of burglary tools.”

Thomas v. State, 531 So. 2d 708 (Fla. 1988). · cites it 6× “§ 810.06, Fla. Stat. (emphasis added). Thus, the statute criminalizes the intent to use an item in an illegal way.”

Hernandez v. State, 784 So. 2d 1124 (Fla. 3d DCA 1999). · cites it 5× “[2] As his second issue, defendant contends that the evidence was legally insufficient to convict him of the crime of possession of burglary tools under section 810.06, Florida Statutes (1997). The statute criminalizes "possession [of] any tool, machine, or implement with intent…”

Preston v. State, 373 So. 2d 451 (Fla. 2d DCA 1979). · cites it 8× “For possession of these items, appellant was found guilty of possessing burglary tools in violation of Section 810.06, Florida Statutes (1977), notwithstanding the absence of any evidence that appellant had used the items to commit a burglary.”

Hierro v. State, 608 So. 2d 912 (Fla. 3d DCA 1992). · cites it 4× “Third, defendant was charged with possession of burglary tools in violation of section 810.06, Florida Statutes (1991). That statute provides, "[w]hoever has in his possession any tool, machine, or implement with intent to use the same .”

Desin v. State, 414 So. 2d 516 (Fla. 1982). · cites it 9× “5th DCA 1981), in which the district court certified the following question as one of great public importance: Does section 810.06, Florida Statutes (1979), encompass: (a) only those trespasses included within said chapter 810; or (b) any statutory trespass; or (c) any statutory…”

Estevez v. State, 189 So. 2d 830 (Fla. 2d DCA 1966). · cites it 7× “, were charged with the crime of Possession of Burglary Tools under § 810.06, Fla.Stats., F.S.A. They were tried together before a jury, and the evidence developed basically as follows.”

Burke v. State, 672 So. 2d 829 (Fla. 1st DCA 1995). · cites it 5× “The applicable statute, section 810.06, Florida Statutes, provides in part: *831 Whoever has in his possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third…”

Calliar v. State, 714 So. 2d 1134 (Fla. 1st DCA 1998). · cites it 4× “Section 810.06, Florida Statutes (1995), provides in pertinent part that [w]hoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third…”

Borges v. State, 415 So. 2d 1265 (Fla. 1982). “(1977) (burglary while armed), § 810.06 (possession of burglary tools), § 790.”

Jones v. State, 608 So. 2d 797 (Fla. 1992). · cites it 2× “§ 810.06, Fla. Stat. (1989); Estevez v. State, 189 So.”

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