The acts of breaking and entering a building were historically part of the definition of the crime of burglary. But most states have since broadened the definition of burglary to include any entry into a building without the permission of the owner and with the intent to commit a theft, assault, or other crime inside the building. But a few states still have a distinct criminal offense of breaking and entering a building.
And some states have a similar criminal offense of forcible and unlawful entry that make it a crime to force entry into an automobile, safe, ATM, parking meter, or vending machine.
Breaking and entering laws (and related property crime laws) are usually located in a state’s penal or criminal code (statutes).
In Florida, burglary is defined under Florida Statute 810.02. The law has indeed broadened from the historical definition of burglary that required breaking and entering. In Florida, burglary can occur when a person enters a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are open to the public or the defendant is licensed or invited to enter. The intent to commit an offense inside is crucial, and the crime intended does not have to be theft; it can be any crime. The entry can be with or without force, and it is not necessary for the person to 'break' into the building in the traditional sense. Additionally, Florida law also addresses crimes related to breaking into vehicles, safes, and similar containers through statutes that cover criminal mischief and theft, which can be found in the same penal code. However, Florida does not have a distinct criminal offense named 'breaking and entering'; such acts are encompassed within the broader burglary statute or other related property crime laws.