Florida Statute 810.02 defines burglary as entering a dwelling, structure, or conveyance with the intent to commit an offense inside — or, after a lawful entry, remaining surreptitiously or after permission is withdrawn with that intent. It is not just houses: a shed, an office, or a parked car all qualify. If your booking sheet reads BURG STRUC, BURG CONVEY, or something like BURG UNOCC STRUC/CV OR ATT, F.S.S. 810.02 is the statute behind it.
Dwelling, structure, conveyance — the words control the degree
Under § 810.011, a dwelling is any building or conveyance designed for people to sleep in at night — including the attached porch and the curtilage. A structure is any roofed building plus its curtilage. A conveyance is a motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeper — and “entering” one includes taking apart any portion of it.
The degree ladder under § 810.02
- Third-degree felony (up to 5 years) — unoccupied structure or unoccupied conveyance: § 810.02(4).
- Second-degree felony (up to 15 years) — any dwelling, or an occupied structure or occupied conveyance: § 810.02(3).
- First-degree felony, punishable by up to life — if during the burglary you commit an assault or battery, are or become armed, or use a vehicle as a tool or cause over $1,000 in damage: § 810.02(2).
Burglaries committed during a declared riot or state of emergency, when facilitated by those conditions, jump a full degree — and there is no release before first appearance.
The detail most people miss
Occupancy only matters for structures and conveyances. An empty house is still second-degree burglary — this is so because § 810.02(3)(a) and (3)(b) assign the same degree to a dwelling whether or not anyone is home. And because a dwelling includes its curtilage, stepping into a fenced backyard with the intent to commit a crime can be charged as burglary of a dwelling without ever touching the door.
Facing a burglary charge in Polk, Highlands, or Hardee County? Call (863) 774-4556 for a free consultation, or send us a message. Reach Us 24/7 · Hablamos Español.
Read the law yourself: Fla. Stat. § 810.02 (official Florida Statutes).
Legally reviewed by Tonmiel Rodriguez · Last reviewed July 2026
Tonmiel Rodriguez is a criminal defense attorney in Bartow, Florida, and is Board Certified in Criminal Trial Law by The Florida Bar. If you are facing a burglary charge in Polk, Highlands, or Hardee County, call The Rodriguez Law Office at (863) 774-4556.