Burglary of Dwelling, Structure or Conveyance

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b. After permission to remain therein has been withdrawn, with the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; or

(e) Authorized emergency vehicle, as defined in s. 316.003.

However, if the burglary is committed 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
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 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 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 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 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.

Contact South Florida Criminal Defense Attorney John M. Howe

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