Trespass
Unauthorized entry into or remaining in a structure, conveyance, or other property under circumstances prohibited by Florida law.
Florida Statute
§ 810.08 / 810.09
Trespass in structure or conveyance; trespass on property other than structure or conveyance
Quick Summary
Trespass has separate statutory tracks for structures or conveyances and for other property. The applicable location, notice or warning, and aggravating circumstances determine the classification.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Structure or Conveyance - No Person Present
F.S. § 810.08(2)(a)
Trespass in a structure or conveyance with no person present and no armed circumstance.
Occupied Structure or Conveyance
F.S. § 810.08(2)(b)
Trespass in a structure or conveyance when a human being is present and no armed circumstance applies.
Armed Structure or Conveyance Trespass
F.S. § 810.08(2)(c)
Trespass in a structure or conveyance while armed with, or after becoming armed with, a firearm or other dangerous weapon.
Other Property - Baseline
F.S. § 810.09(2)
Trespass on property other than a structure or conveyance without a felony escalation.
Other Property - Felony Escalations
F.S. § 810.09(2)(b)-(k)
Armed trespass and specified protected-site, agricultural, projectile, airport, and law-enforcement secured-area circumstances.
Charge-Specific Elements
Open a charge to review the statutory facts that distinguish that charging track.
Trespass in Structure or Conveyance - No Person Present
Florida Statute § 810.08 / 810.09(2)(a)
Trespass in Structure or Conveyance - No Person Present
Florida Statute § 810.08 / 810.09(2)(a)
Trespass in a structure or conveyance when no human being is present and the armed-trespass circumstance does not apply.
What to Establish
The common structure-or-conveyance trespass elements plus the absence of a person and no armed-trespass circumstance.
Important Charge Note
Second-degree misdemeanor under F.S. 810.08(2)(a).
Trespass in Occupied Structure or Conveyance
Florida Statute § 810.08 / 810.09(2)(b)
Trespass in Occupied Structure or Conveyance
Florida Statute § 810.08 / 810.09(2)(b)
Trespass in a structure or conveyance when a human being is present at the relevant time and the armed-trespass circumstance does not apply.
What to Establish
The common structure-or-conveyance trespass elements plus the presence of a human being.
Important Charge Note
First-degree misdemeanor under F.S. 810.08(2)(b).
Armed Trespass in Structure or Conveyance
Florida Statute § 810.08 / 810.09(2)(c)
Armed Trespass in Structure or Conveyance
Florida Statute § 810.08 / 810.09(2)(c)
Trespass in a structure or conveyance while armed with, or after becoming armed with, a firearm or other dangerous weapon.
What to Establish
The common structure-or-conveyance trespass elements plus the armed circumstance.
Important Charge Note
Third-degree felony under F.S. 810.08(2)(c).
Trespass on Property Other Than Structure or Conveyance
Florida Statute § 810.08 / 810.09(2)
Trespass on Property Other Than Structure or Conveyance
Florida Statute § 810.08 / 810.09(2)
Trespass on property other than a structure or conveyance under the applicable notice or curtilage theory, without a felony escalation.
What to Establish
The common other-property trespass elements without an armed or specified-property felony circumstance.
Important Charge Note
First-degree misdemeanor under F.S. 810.09(2).
Armed Trespass on Property Other Than Structure or Conveyance
Florida Statute § 810.08 / 810.09(2)(b)
Armed Trespass on Property Other Than Structure or Conveyance
Florida Statute § 810.08 / 810.09(2)(b)
Trespass on property other than a structure or conveyance while armed with a firearm or other dangerous weapon.
What to Establish
The common other-property trespass elements plus the armed circumstance.
Important Charge Note
Third-degree felony under F.S. 810.09(2)(b).
Trespass at a Designated Construction Site
Florida Statute § 810.08 / 810.09(2)(c)
Trespass at a Designated Construction Site
Florida Statute § 810.08 / 810.09(2)(c)
Trespass at a qualifying designated construction site that is legally posted and identified as required by statute.
What to Establish
Trespass on the qualifying construction site plus the applicable statutory size, posting, and identification requirements.
Important Charge Note
Third-degree felony under F.S. 810.09(2)(c).
Trespass on Commercial Horticulture Property
Florida Statute § 810.08 / 810.09(2)(d)
Trespass on Commercial Horticulture Property
Florida Statute § 810.08 / 810.09(2)(d)
Trespass on qualifying commercially horticultural property that is legally posted and identified as required by statute.
What to Establish
Trespass on the designated property plus the required posting and identification.
Important Charge Note
Third-degree felony under F.S. 810.09(2)(d).
Trespass at Agricultural Testing or Research Site
Florida Statute § 810.08 / 810.09(2)(e)
Trespass at Agricultural Testing or Research Site
Florida Statute § 810.08 / 810.09(2)(e)
Trespass on a qualifying agricultural site used for testing or research that is legally posted and identified as required by statute.
What to Establish
Trespass on the designated site plus the required posting and identification.
Important Charge Note
Third-degree felony under F.S. 810.09(2)(e).
Trespass at a Certified Domestic Violence Center
Florida Statute § 810.08 / 810.09(2)(f)
Trespass at a Certified Domestic Violence Center
Florida Statute § 810.08 / 810.09(2)(f)
Trespass on a certified domestic violence center that is legally posted and identified as a designated restricted site.
What to Establish
Trespass on the certified center plus the required posting and identification.
Important Charge Note
Third-degree felony under F.S. 810.09(2)(f).
Trespass by Potentially Lethal Projectile
Florida Statute § 810.08 / 810.09(2)(g)
Trespass by Potentially Lethal Projectile
Florida Statute § 810.08 / 810.09(2)(g)
Knowingly propelling, or causing to be propelled, a potentially lethal projectile over or across private land without authorization in the specified animal-taking, killing, or endangering circumstances.
What to Establish
The specified animal-related conduct plus knowingly causing the projectile to cross private land without authorization.
Important Charge Note
Third-degree felony under F.S. 810.09(2)(g); the statute excludes qualifying governmental agents or employees acting within official duties.
Trespass at Agricultural Chemicals Manufacturing Facility
Florida Statute § 810.08 / 810.09(2)(h)
Trespass at Agricultural Chemicals Manufacturing Facility
Florida Statute § 810.08 / 810.09(2)(h)
Trespass at a qualifying agricultural chemicals manufacturing facility that is legally posted and identified as required by statute.
What to Establish
Trespass on the designated facility plus the required posting and identification.
Important Charge Note
Third-degree felony under F.S. 810.09(2)(h).
Trespass in Airport Operational Area
Florida Statute § 810.08 / 810.09(2)(i)
Trespass in Airport Operational Area
Florida Statute § 810.08 / 810.09(2)(i)
Trespass in a qualifying posted airport operational area with intent to injure a person, damage property, or impede airport operations or use.
What to Establish
Trespass with the required intent plus a qualifying posted airport operational area.
Important Charge Note
Third-degree felony under F.S. 810.09(2)(i).
Trespass on Commercial Agricultural Property With Intent to Commit a Crime
Florida Statute § 810.08 / 810.09(2)(j)
Trespass on Commercial Agricultural Property With Intent to Commit a Crime
Florida Statute § 810.08 / 810.09(2)(j)
Trespass on qualifying posted commercial agricultural property with intent to commit a crime there.
What to Establish
Trespass with the required criminal intent plus a qualifying posted commercial agricultural property.
Important Charge Note
Third-degree felony under F.S. 810.09(2)(j).
Trespass at Law-Enforcement Secured Restricted Site
Florida Statute § 810.08 / 810.09(2)(k)
Trespass at Law-Enforcement Secured Restricted Site
Florida Statute § 810.08 / 810.09(2)(k)
Trespass at an area maintained or secured by federal, state, or local law-enforcement officers that is legally posted and identified as a designated restricted site.
What to Establish
Trespass on the secured site plus the required posting and identification.
Important Charge Note
Third-degree felony under F.S. 810.09(2)(k).
Elements of the Offense
Elements of the Offense
- Element 1
For trespass in a structure or conveyance, the defendant willfully entered or remained in a structure or conveyance without authorization, license, or invitation; or, after having authorization, license, or invitation, was warned to depart by an owner, lessee, or authorized person and refused to do so.
Plain language: This is the structure-or-conveyance trespass track under F.S. 810.08.
- Element 2
For trespass on property other than a structure or conveyance, the defendant willfully entered upon or remained on the property without authorization, license, or invitation, and notice against entering or remaining was given by actual communication or the statutorily recognized posting, fencing, or cultivation methods.
Plain language: This is the general other-property trespass track under F.S. 810.09.
- Element 3
For the unenclosed-curtilage theory, the defendant willfully entered upon or remained on the unenclosed curtilage of a dwelling with intent to commit an offense there other than trespass.
Plain language: This is an alternative other-property trespass theory; it requires the specified intent.
Jury Instructions
Jury Instructions
Instruction 13.3
Trespass in Structure or Conveyance
Florida Standard Jury Instructions in Criminal Cases, Instruction 13.3, for F.S. 810.08. Verify the applicable entry or remaining theory and degree-specific circumstance before legal use.
View Official InstructionInstruction 13.4
Trespass on Property Other Than Structure or Conveyance
Florida Standard Jury Instructions in Criminal Cases, Instruction 13.4, for F.S. 810.09. Verify the applicable notice, curtilage, and classification theory before legal use.
View Official InstructionImportant Definitions
Important Definitions
Structure
A building of any kind, temporary or permanent, with a roof over it, together with its curtilage.
Conveyance
A motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. Entering a conveyance includes taking apart any portion of it.
Unenclosed Curtilage
The unenclosed land or grounds, and any outbuildings, directly and intimately adjacent to and connected with a dwelling and necessary, convenient, and habitually used with that dwelling.
Person Authorized
For the relevant trespass statute, an owner, lessee, agent, or under specified public-safety circumstances, a law-enforcement officer whose department has written authorization to communicate an order to depart.
Additional Notes
Additional Notes
Quick Reference
Trespass has separate statutory tracks for a structure or conveyance and for property other than a structure or conveyance. Identify the location, the defendant's authority to be there, and the applicable notice or warning.
Classification
Under F.S. 810.08, trespass in a structure or conveyance may be a second-degree misdemeanor, first-degree misdemeanor when a person is present, or third-degree felony when the offender is armed. Under F.S. 810.09, other-property trespass may be a first-degree misdemeanor or a third-degree felony under specified circumstances.
Notice and Warning
The applicable notice, warning to depart, or statutory curtilage theory is central to a trespass determination. Document who gave the warning, the authority for it, the method of notice, and the location involved.
Official Source
Always verify the current version of F.S. §§ 810.08 and 810.09 and the applicable Florida Standard Jury Instruction before relying on a classification or charging determination.