Category: Criminal Offenses · Statute: F.S. 810.02 · Source: Florida Legislature
Understanding Degrees of Burglary (Florida) in Florida
In Florida, burglary is not a single, uniform offense. Under Florida Statute Section 810.02, the state categorizes burglary into three distinct degrees based on the type of property entered, whether the property was occupied, and the behavior of the accused during the incident. A burglary occurs when someone enters or remains in a dwelling, structure, or conveyance with the intent to commit an offense therein, unless the premises are open to the public or the person is licensed or invited to enter. The law distinguishes a "dwelling" (where people live) from a "structure" (such as a business) or a "conveyance" (such as a car), applying harsher penalties to invasions of private living spaces.
The severity of the charge escalates rapidly based on specific aggravating factors. A third-degree burglary typically involves entering an unoccupied structure or conveyance. It rises to a second-degree felony if the structure or conveyance is occupied, or if the target is a dwelling, even if unoccupied. The charge becomes a first-degree felony, punishable by up to life in prison, if the offender commits an assault or battery upon anyone inside, becomes armed with a dangerous weapon, or uses a motor vehicle to assist in the burglary and damages the property.
Bail and Pretrial Release for Florida Burglary Charges
Because first-degree burglary carries a maximum penalty of life imprisonment, defendants charged under this subsection may face a "Nebbia" hearing requirement to prove their bail funds come from legitimate sources, or they may be held without bond under pretrial detention rules. Second- and third-degree burglaries generally have standard bond amounts set by county jail schedules. However, judges often impose strict pretrial release conditions, such as GPS monitoring and absolute "no-contact" orders protecting the property owner or victims.