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.
Florida Statute
§ 810.06
Possession of burglary tools
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
Possession of a tool, machine, or implement with the required burglary-or-trespass intent.
Elements of the Offense
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.
- Element 1AND — Required
All required
The defendant possessed a tool, machine, or implement.
Plain language: Identify the item and prove possession.
- Element 2OR — 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
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 InstructionsAdditional Notes
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.