Trespass
Arrest exception may applyUnauthorized 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
Verified against the 2026 Florida Statutes: September 13, 2026
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Transit trespass / antishoplifting countermeasures
Required facts
- Probable cause for covered transit trespass; OR unlawful possession, use, attempted use, prior use, or prior attempted use of a qualifying countermeasure.
- Verify the definitions, offense track, AND applicable setting requirements.
Limits & qualifications
- §812.015(4) also addresses transit trespass and unlawful possession or use, attempted use, or prior use or attempted use of antishoplifting / inventory-control countermeasures.
- Read the section's definitions and setting requirements; it is not a blanket exception for ordinary trespass or possession of any tool.
Authority
Trespass in a secure airport area
Required facts
- Probable cause for trespass in a secure airport area; AND
- Conspicuously posted signs notify that unauthorized entry is trespass AND specify methods for authorized access.
Limits & qualifications
- Arrest may occur on or off airport premises.
- General airport presence is not enough.
Authority
Trespass on school grounds / facilities / school buses
Required facts
- Probable cause for trespass in violation of §810.097.
- Verify the grounds, facility, OR school-bus definition and applicable offense elements.
- For the school-bus track, verify the prior notice described in §810.097(6): a clearly posted sign OR a verbal warning from a listed authorized person.
Limits & qualifications
- Confirm the grounds, facility, or bus definition and offense elements; §810.097(4) separately describes on- or off-premises arrest authority for school-facility grounds trespass.
Authority
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.
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.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1OR — Alternative
Structure or conveyance track
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 2OR — Alternative
Other property track
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 3Conditional
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 InstructionVerified against the official instruction source: September 13, 2026
Instruction 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 InstructionVerified against the official instruction source: September 13, 2026
Important 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.