Orlando Criminal Lawyer & Orange County Florida DUI Attorney -
Florida Trespass Crimes
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Orange County Florida Criminal Lawyer - Trespass Offenses:
Trespassing cases can result from a number of scenarios, and the penalties for
these offense can vary greatly depending on the circumstances involved.  If you
have been charged with trespassing you should speak with an experienced
criminal defense attorney at your earliest opportunity to learn about your rights
and the defenses that may be available to you.

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation   

The following section of this page provides some basic information regarding trespass:

Trespass - There are a number of different types of trespass offenses in Florida, and the level of the offense and
penalties can vary greatly depending on the circumstances involved in the case.  Please review the following Florida
Statutes for some information on trespassing offenses in Florida.

Florida Statute 810.08 - Trespass in structure or conveyance.
(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or
conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by
a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a
structure or conveyance.

(2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to
trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in
the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution
purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when
he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she
reasonably believes that the person to be taken into custody and detained has committed or is committing such
violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is
practicable after the person has been taken into custody. The taking into custody and detention by such person, if
done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable
for false arrest, false imprisonment, or unlawful detention.

(3) As used in this section, the term “person authorized” means any owner or lessee, or his or her agent, or any law
enforcement officer whose department has received written authorization from the owner or lessee, or his or her
agent, to communicate an order to depart the property in the case of a threat to public safety or welfare.

Florida Statute 810.09 - Trespass on property other than structure or conveyance.
(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property
other than a structure or conveyance:

1. As to which notice against entering or remaining is given, either by actual communication to the offender or by
posting, fencing, or cultivation as described in s. 810.011; or

2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to
commit an offense thereon, other than the offense of trespass,
commits the offense of trespass on property other than a structure or conveyance.

(b) As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any
outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient,
and habitually used in connection with that dwelling.

(2)(a) Except as provided in this subsection, trespass on property other than a structure or conveyance is a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or
by an authorized person, or if the offender willfully opens any door, fence, or gate or does any act that exposes
animals, crops, or other property to waste, destruction, or freedom; unlawfully dumps litter on property; or trespasses
on property other than a structure or conveyance, the offender commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.

(c) If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of
trespass on property other than a structure or conveyance, he or she is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may,
for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any
person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and
that the person to be taken into custody and detained has committed or is committing the violation. If a person is
taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been
taken into custody. The taking into custody and detention in compliance with the requirements of this paragraph does
not result in criminal or civil liability for false arrest, false imprisonment, or unlawful detention.

(d) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the property trespassed is a construction site that is:

1. Greater than 1 acre in area and is legally posted and identified in substantially the following manner: “THIS AREA
IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A
FELONY.”; or

2. One acre or less in area and is identified as such with a sign that appears prominently, in letters of not less than
2 inches in height, and reads in substantially the following manner: “THIS AREA IS A DESIGNATED CONSTRUCTION
SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” The sign shall be placed at the
location on the property where the permits for construction are located. For construction sites of 1 acre or less as
provided in this subparagraph, it shall not be necessary to give notice by posting as defined in s. 810.011(5).

(e) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the property trespassed upon is commercial horticulture property and the property is legally posted and
identified in substantially the following manner: “THIS AREA IS DESIGNATED COMMERCIAL PROPERTY FOR
HORTICULTURE PRODUCTS, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

(f) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the property trespassed upon is an agricultural site for testing or research purposes that is legally posted
and identified in substantially the following manner: “THIS AREA IS A DESIGNATED AGRICULTURAL SITE FOR
TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A
FELONY.”

(g) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the property trespassed upon is a domestic violence center certified under s. 39.905 which is legally
posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED RESTRICTED SITE AND
ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

(h) Any person who in taking or attempting to take any animal described in s. 379.101(19) or (20), or in killing,
attempting to kill, or endangering any animal described in s. 585.01(13) knowingly propels or causes to be propelled
any potentially lethal projectile over or across private land without authorization commits trespass, a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this paragraph, the term
“potentially lethal projectile” includes any projectile launched from any firearm, bow, crossbow, or similar tensile
device. This section does not apply to any governmental agent or employee acting within the scope of his or her
official duties.

(i) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the property trespassed upon is an agricultural chemicals manufacturing facility that is legally posted and
identified in substantially the following manner: “THIS AREA IS A DESIGNATED AGRICULTURAL CHEMICALS
MANUFACTURING FACILITY, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

(3) As used in this section, the term “authorized person” or “person authorized” means any owner, his or her agent,
or a community association authorized as an agent for the owner, or any law enforcement officer whose department
has received written authorization from the owner, his or her agent, or a community association authorized as an
agent for the owner, to communicate an order to leave the property in the case of a threat to public safety or welfare.

Florida Statute 810.095 - Trespass on school property with firearm or other weapon prohibited.
(1) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for a person
who is trespassing upon school property to bring onto, or to possess on, such school property any weapon as
defined in s. 790.001(13) or any firearm.

(2) As used in this section, “school property” means the grounds or facility of any kindergarten, elementary school,
middle school, junior high school, secondary school, career center, or postsecondary school, whether public or
nonpublic.

Florida Statute 810.097 - Trespass upon grounds or facilities of a school; penalties; arrest.
(1) Any person who:
(a) Does not have legitimate business on the campus or any other authorization, license, or invitation to enter or
remain upon school property; or

(b) Is a student currently under suspension or expulsion;

and who enters or remains upon the campus or any other facility owned by any such school commits a trespass
upon the grounds of a school facility and is guilty of a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083.

(2) Any person who enters or remains upon the campus or other facility of a school after the principal of such
school, or his or her designee, has directed such person to leave such campus or facility or not to enter upon the
campus or facility, commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) The chief administrative officer of a school, or any employee thereof designated by the chief administrative
officer to maintain order on such campus or facility, who has probable cause to believe that a person is trespassing
upon school grounds in violation of this section may take such person into custody and detain him or her in a
reasonable manner for a reasonable length of time pending arrival of a law enforcement officer. Such taking into
custody and detention by an authorized person does not render that person criminally or civilly liable for false arrest,
false imprisonment, or unlawful detention. If a trespasser is taken into custody, a law enforcement officer shall be
called to the scene immediately after the person is taken into custody.

(4) Any law enforcement officer may arrest either on or off the premises and without warrant any person the officer
has probable cause for believing has committed the offense of trespass upon the grounds of a school facility. Such
arrest shall not render the law enforcement officer criminally or civilly liable for false arrest, false imprisonment, or
unlawful detention.

(5) As used in this section, the term “school” means the grounds or any facility of any kindergarten, elementary
school, middle school, junior high school, or secondary school, whether public or nonpublic.

Florida Statute 810.12 - Unauthorized entry on land; prima facie evidence of trespass.
(1) The unauthorized entry by any person into or upon any enclosed and posted land shall be prima facie evidence
of the intention of such person to commit an act of trespass.

(2) The act of entry upon enclosed and posted land without permission of the owner of said land by any worker,
servant, employee, or agent while actually engaged in the performance of his or her work or duties incident to such
employment and while under the supervision or direction, or through the procurement, of any other person acting as
supervisor, foreman, employer, or principal, or in any other capacity, shall be prima facie evidence of the causing, and
of the procurement, of such act by the supervisor, foreman, employer, principal, or other person.

(3) The act committed by any person or persons of taking, transporting, operating, or driving, or the act of permitting
or consenting to the taking or transporting of, any machine, tool, motor vehicle, or draft animal into or upon any
enclosed and posted land without the permission of the owner of said land by any person who is not the owner of
such machine, tool, vehicle, or animal, but with the knowledge or consent of the owner of such machine, tool, vehicle,
or animal, or of the person then having the right to possession thereof, shall be prima facie evidence of the intent of
such owner of such machine, tool, vehicle, or animal, or of the person then entitled to the possession thereof, to
cause or procure an act of trespass.

(4) As used herein, the term “owner of said land” shall include the beneficial owner, lessee, occupant, or other
person having any interest in said land under and by virtue of which that person is entitled to possession thereof, and
shall also include the agents or authorized employees of such owner.

(5) However, this section shall not apply to any official or employee of the state or a county, municipality, or other
governmental agency now authorized by law to enter upon lands or to registered engineers and surveyors and
mappers authorized to enter lands pursuant to ss. 471.027 and 472.029. The provisions of this section shall not
apply to the trimming or cutting of trees or timber by municipal or private public utilities, or their employees,
contractors, or subcontractors, when such trimming is required for the establishment or maintenance of the service
furnished by any such utility.

(6) The unlawful dumping by any person of any litter in violation of s. 403.413(4) is prima facie evidence of the
intention of such person to commit an act of trespass. If any waste that is dumped in violation of s. 403.413(4) is
discovered to contain any article, including, but not limited to, a letter, bill, publication, or other writing that displays the
name of a person thereon, addressed to such person or in any other manner indicating that the article last belonged
to such person, that discovery raises a mere inference that the person so identified has violated this section. If the
court finds that the discovery of the location of the article is corroborated by the existence of an independent fact or
circumstance which, standing alone, would constitute evidence sufficient to prove a violation of s. 403.413(4), such
person is rebuttably presumed to have violated that section.

_________________________________________________

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criminal defense attorney about your situation or to schedule a Free Initial Consultation.  The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
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as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Orlando Criminal Lawyer & Orange County Florida DUI Attorney
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Florida Crimes & Laws