Possession of burglary tools sounds broad, but the law is narrow, and the State often charges it on facts that do not meet the test. The tools have to be for getting in, and there has to be a real step taken toward a burglary, not just a toolbox and a theory.
What the State Must Prove
Section 810.06 makes it a third-degree felony to possess a tool, machine, or implement with intent to use it, or allow it to be used, to commit a burglary or trespass. The Florida Supreme Court read real limits into that language. In Calliar v. State, 760 So. 2d 885 (Fla. 1999), the Court held the State must prove three things: that the defendant intended to commit a burglary or trespass, that the defendant possessed a tool meant to be used in the unlawful entry, and that the defendant committed an overt act toward the burglary or trespass beyond mere preparation.
I began as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, where property cases move in volume and the State counts on no one pushing back. Almost every one of these charges turns on two things the prosecutor has to prove, intent and value, and both are softer than they look. I know how the State builds a property case and where the proof tends to fall apart, on the value of what was taken or damaged, on whether the intent was ever really there, and on the search that produced the evidence. Learn more about my background.
The Tools Must Be for Getting In
This is where most of these charges fall apart. Calliar makes clear that the statute reaches tools used or intended to be used to unlawfully enter a place, and not items meant to commit some other offense once inside. The Court’s own example was that spray paint a person planned to use to deface a building after breaking in is not a burglary tool. Courts have applied the same rule to reverse convictions where the tools were used to cut and remove material after access was already gained, rather than to get in. If the tool was not for the entry, it is not a burglary tool.
Everyday Items and the Overt Act
Because there is no statutory list, common items can qualify when they are tied to an entry, but the State cannot lean on mere possession. Ordinary personal apparel such as gloves is not a burglary tool, and a flashlight on its own is not enough without proof it was used to get in. Above all, there must be an overt act toward the burglary or trespass that goes past planning, and whether the line between preparation and an overt act was crossed is a question the defense can put squarely in dispute.
How I Defend a Burglary Tools Charge
I press each element Calliar requires: whether there was any overt act toward a burglary or only preparation, whether the tools were ever meant for entry as opposed to work or a later offense, whether the intent to commit a burglary or trespass can be shown at all, and whether the item is even a burglary tool as a matter of law. Where the items were found through an unlawful stop or search, suppression can take them out of the case. These charges often travel with a burglary or a trespass, and they are defended together.
Common Questions
Is possession of burglary tools a felony?
Yes. Possession of burglary tools under section 810.06 is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. It is a serious charge, but it has strict proof requirements that the State often cannot meet, which makes it one of the more defensible property offenses.
Can ordinary tools be burglary tools?
They can. There is no fixed list. A screwdriver, a crowbar, wire cutters, or a lock pick can all be burglary tools, and even otherwise innocent items can qualify, but only if the item was used or intended to be used to unlawfully enter a place. The tool has to be for getting in, which is the heart of the offense.
Do I have to commit a burglary to be charged?
No, but the State must prove more than possession. Under Calliar v. State, it has to show that you intended to commit a burglary or trespass, that you possessed a tool meant for the unlawful entry, and that you took an overt act toward the burglary or trespass that went beyond mere preparation. Talking about it or simply having tools is not enough.
Are gloves or a flashlight burglary tools?
Usually not. The statute does not treat ordinary items of personal apparel like gloves as burglary tools, and courts have reversed convictions based on gloves alone. A flashlight by itself is also insufficient without evidence that it was used to gain entry. The question is always whether the item was used or intended to be used to get inside.
How is a burglary tools charge defended?
By attacking the three elements. The most common defenses are that there was no overt act toward a burglary, only preparation, that the tools were not meant for entry but for something else such as work or a theft after entry, that there was no intent to commit a burglary or trespass at all, and that the item is not a burglary tool as a matter of law. An unlawful search can also remove the evidence.
Related: Property crimes overview, Burglary, Trespass, and Search and seizure.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Property offenses are governed mainly by chapters 810, 806, and 817, Florida Statutes, and the degrees and value thresholds change, so they should be confirmed against current law. Every case turns on its own facts, and past results do not guarantee a similar outcome.
