Burglary in Florida is defined as entering a dwelling, 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.
F.S. § 810.02(2) indicates that burglary is a felony of the first degree if the offender assaults or batters another person or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon. It can also be a first-degree felony to use a motor vehicle as an instrument to assist in committing the offense and damaging the dwelling or structure or to cause damage in excess of $1,000.00.
F.S. § 810.02(3) indicates that burglary is a felony of the second degree if, during the offense, the offender does not assault or batter a person and is not or does not become armed with a dangerous weapon or explosive. It will also be a second-degree felony if the offender enters or remains in a dwelling and there is or is not another person in the dwelling and the offender enters or remains.