Category: Criminal Offenses · Statute: F.S. 810.06 · Source: Florida Legislature
Understanding Possession of Burglary Tools in Florida
Under Florida Statute Section 810.06, the charge of Possession of Burglary Tools is a third-degree felony that requires more than just holding a common household object. To secure a conviction, the state must prove the defendant possessed a tool, machine, or implement with the specific intent to use it, or allow it to be used, to commit a burglary or trespass. This means everyday items like screwdrivers, crowbars, bolt cutters, or even specialized software and electronic key card cloners can be classified as "burglary tools" if the surrounding circumstances demonstrate a clear criminal purpose.
The critical element in these cases is the defendant's intent. Florida courts have established that merely carrying a tool that could be used for a break-in is not enough to constitute a crime. Law enforcement officers typically look for additional context clues to establish intent, such as being found near a forced entry point in the middle of the night, wearing gloves, or carrying masks. Because the statute covers the intent to commit either a burglary or a trespass, a defendant can face this felony charge even if they never actually succeeded in entering a structure or vehicle.
Bail and Pretrial Release for Burglary Tool Charges
In Florida, Possession of Burglary Tools is a non-violent third-degree felony, meaning defendants are typically eligible for a standard bond according to local county bond schedules immediately following booking. However, because this charge is frequently accompanied by related offenses like attempted burglary, grand theft, or loitering and prowling, a judge at the first appearance hearing may adjust the bail amount or impose specific pretrial conditions, such as a curfew or a stay-away order from the targeted property.