What is burglary in Florida?
The common picture — a window broken at night, property carried away — describes only some burglaries.
Florida's offense is entering a dwelling, structure, or conveyance with the intent to commit an offense inside, or remaining in one surreptitiously with that intent, or remaining after permission is withdrawn.
Three things follow that surprise people.
No breaking is required. Walking through an unlocked door or an open garage qualifies.
Nothing needs to be taken. The offense is complete on entry with the requisite intent. A completed theft is a separate charge.
"Remaining in" counts. A person lawfully inside who stays after permission is withdrawn, with intent to commit an offense, can be charged.
Degree depends on what was entered, whether it was occupied, whether the person was armed, and whether an assault or battery occurred. Burglary of an occupied dwelling is substantially more serious than burglary of an unoccupied structure.
The whole case is usually about what you intended when you walked in. ---
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