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Florida Criminal Offense

Possession of Burglary Tools

Possessing a tool, machine, or implement with intent to use it—or allow it to be used—to commit burglary or trespass.

FelonyThird Degree

Florida Statute

§ 810.06

Possession of burglary tools

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 14, 2026

Quick Summary

Possession alone is insufficient; document the circumstances proving the specific criminal intent.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Possession With Required Intent

F.S. § 810.06

FelonyThird Degree

Possession of a tool, machine, or implement with the required burglary-or-trespass intent.

Elements of the Offense

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

  1. Element 1
    AND — Required

    All required

    The defendant possessed a tool, machine, or implement.

    Plain language: Identify the item and prove possession.

  2. Element 2
    OR — Alternative

    One intent track

    The defendant intended to use the item, or allow it to be used, to commit burglary or trespass.

    Plain language: Possession alone is insufficient; prove criminal intent.

Jury Instructions

No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.

View Official Jury Instructions

Additional Notes

Possession Alone Is Insufficient

Document circumstances proving intent to use or permit use of the item for burglary or trespass, including location, time, concealment, statements, target, and accompanying conduct.