FAQs About Possession of Burglary Tools in Florida

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, Possession of Burglary Tools is a very serious offense – but is often misunderstood. When someone faces a charge of Possession of Burglary Tools (Fla. Stat. 810.06), many questions arise. This blog will answer frequently asked questions about Possession of Burglary Tools in Florida.

#1 – What is Possession of Burglary Tools?

Possession of Burglary Tools occurs when someone has a tool or instrument in their possession that was intended to be used in the commission of a burglary. Even the possession of otherwise “innocent” household items can lead to Possession of Burglary Tools charges if they are tied to a burglary. Calliar v. State, 760 So.2d 885 (Fla. 1999)

#2 – What must be proven for someone to be convicted of Possession of Burglary Tools?

For someone to be guilty of Possession of Burglary Tools, the State must prove all of the following elements beyond a reasonable doubt:

• The defendant must have had in their possession a machine, tool, or implement that they intended to use, or allow to be used, in the commission of a burglary or trespass
• The defendant intended to commit a burglary or trespass at the time of the possession of the tools
• The defendant must have performed an overt act towards the commission of the burglary or trespass, which goes beyond mere preparation (Keys v. State, 949 So.2d 1080 (Fla. 2d. DCA 2007))

#3 – Is Possession of Burglary Tools a felony?

Yes, it is. Possession of Burglary Tools in Florida is a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.

#4 – What if the burglary is actually completed?

If a burglary is actually completed, the State is more likely to charge someone for the actual burglary rather than Possession of Burglary Tools. Burglary is a very serious felony in Florida that, in some cases, can carry sentences of up to life in prison.

For more information about burglary charges in Florida, click here. 

#5 – Can I be charged with both burglary and Possession of Burglary Tools?

Someone may be charged with both burglary and Possession of Burglary Tools without violating double jeopardy. Thomas v. State, 531 So. 2d 708 (Fla. 1988)

Typically, however, Possession of Burglary Tools is only charged when someone intends to commit a burglary using the tools but does not complete the act. Once the burglary is done, a separate charge for possessing burglary tools is less likely.

#6 – What do “overt act” and “mere preparation” mean?

Mere preparation is defined as devising or arranging the means or measures necessary to commit a crime. An overt act involves some actual movement towards committing the crime, but it does not have to be the last possible act towards completing the crime. Berger v. State, 259 So. 3d 933 (Fla. 5th DCA 2018).

For example, drawing out a plan to burglarize a home is “mere preparation,” so a hammer in your drawer wouldn’t be a “burglary tool” at that point. But if you went to the home and were about to use a hammer to break through the window, the hammer has become a “burglary tool” because it was intended to be used in a burglary you “overtly acted” to commit.

#7 – What if someone used the “burglary tool” just to trespass, not burglarize?

If someone used the tool simply to trespass on another’s property (willful, unauthorized or unlicensed entry or remaining on a property, including within a structure or conveyance), this is still a third-degree felony (up to 5 years in prison).

The State does not have to prove the tool was intended to be used in a burglary – it can also be used for the purpose of trespass. An example would be someone being found with a flashlight, gloves and lock-picks in a pool area of an apartment complex after hours.

For more information on Florida’s trespassing law (Fla. Stat. 810.08), click here.

#8 – What are some examples of burglary tools?

Courts have found a wide variety of items to be burglary tools if proven to have been connected to a trespass or burglary (or intended trespass or burglary). Calliar v. State, 760 So.2d 885 (Fla. 1999). These include:

• Lock picks
• Screwdrivers
• Bolt cutters
• Masks or disguises
• Hammers
• Crowbars

Other items, such as gloves, have occasionally been found to qualify as burglary tools. But since they are so commonly used, the State must have very strong proof that they were used to actually attempt the underlying crime (e.g. having gloves in the car is likely insufficient).

#9 – Can someone be convicted for simply carrying these tools?

No, not without evidence beyond a reasonable doubt that someone intended to use this in the commission of a burglary or trespass. There are plenty of legitimate uses for many of the items that are sometimes considered “burglary tools,” so it is critical to actually tie the instrument or tool to criminal activity (or intended criminal activity). 

#10 – If someone is accused of burglary or trespass, can any object in their possession be considered a burglary tool?

No – courts have been clear that ordinary items in a defendant’s possession can’t simply be labeled “burglary tools” if there is no evidence that the tool was used (or intended to be used) for unlawful purposes). Fortson v. State, 179 So.3d 414 (Fla. 1st DCA 2015) 

For example, if someone is found to be trespassing, someone may not be convicted of Possession of Burglary Tools merely for having a hammer, screwdriver, or some other item that could be such a tool on or near them. It requires actual evidence of illicit use or intended illicit use.

#11 – Do the tools have to be found on my person?

No, they do not. Someone does not have to have the tools physically on their person for an item to be considered a burglary tool. If the person had knowledge of the tool, ability to control it, and intended for it to be used to facilitate a burglary or trespass, the crime has been committed.

#12 – What if I never actually used the tools to commit burglary or trespass?

The law makes clear that the key question is intent. Possession, coupled with intent to commit a burglary or trespass using the tools, is the crime. A burglary or trespass does not have to be completed, but there has to be actual movement towards this with the intent to use the tools.

Importantly, someone does not have to commit the “final act” necessary to complete the crime with the tool(s) to face charges. For example, someone walking down the street with a crowbar with the intent to use it in a burglary has already committed the offense of Possession of Burglary Tools. 

#13 – What are some defenses to Possession of Burglary Tools?

There are many defenses available to a Possession of Burglary Tools charge, one or more of which may apply in any given case. These include:

• Lack of intent to use the tool in a burglary or trespass 
• Carrying the tool for a lawful purpose (e.g. mechanics and locksmiths)
• No overt act towards the burglary or trespass (e.g. mere preparation)
• Lack of knowledge (e.g. someone left the tools in the defendant’s car)
• Procedural defenses (motions to suppress defendant’s post-Miranda statements, motions to prevent admission of unlawfully obtained evidence, etc.)
• Mistaken identity/alibi
• Duress or necessity (rare, but possible if life/great bodily harm was threatened to the defendant)
• Permission to be on the property (negates trespass/burglary charges)
• Entrapment (law enforcement inducing a non-predisposed defendant to act criminally)

In sum, Possession of Burglary Tools is a very serious felony offense. The State must prove beyond a reasonable doubt someone possessed a tool or instrument with the intent to use it in a burglary or trespass, and overtly acted to commit the crime. However, the underlying crime does not have to be completed for Possession of Burglary Tools to occur.

By understanding the answers to the above FAQs, someone will be significantly better informed if they or a loved one are ever facing Possession of Burglary Tools charges.

If someone is arrested and formally charged in Florida in a case involving burglary, trespass, or Possession of Burglary Tools, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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