Florida Statute 810.011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 810
BURGLARY AND TRESPASS

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F.S. 810.011

810.011 Definitions.—As used in this chapter:

(1) “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term means a building of any kind or such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.

(2) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term includes such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.

(3) “Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term “conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car or such portions thereof as exist.

(4) An act is committed “in the course of committing” if it occurs in an attempt to commit the offense or in flight after the attempt or commission.

(5)(a) “Posted land” is land upon which any of the following are placed:

1. Signs placed not more than 500 feet apart along and at each corner of the boundaries of the land or, for land owned by a water control district that exists pursuant to chapter 298 or was created by special act of the Legislature, signs placed at or near the intersection of any district canal right-of-way and a road right-of-way or, for land classified as agricultural pursuant to s. 193.461, signs placed at each point of ingress and at each corner of the boundaries of the agricultural land, which prominently display in letters of not less than 2 inches in height the words “no trespassing” and the name of the owner, lessee, or occupant of the land. The signs must be placed along the boundary line of posted land in a manner and in such position as to be clearly noticeable from outside the boundary line; or

2.a. A conspicuous no trespassing notice is painted on trees or posts on the property, provided that the notice is:

(I) Painted in an international orange color and displaying the stenciled words “No Trespassing” in letters no less than 2 inches high and 1 inch wide either vertically or horizontally;

(II) Placed so that the bottom of the painted notice is not less than 3 feet from the ground or more than 5 feet from the ground; and

(III) Placed at locations that are readily visible to any person approaching the property and no more than 500 feet apart on agricultural land.

b. When a landowner uses the painted no trespassing posting to identify a no trespassing area, those painted notices must be accompanied by signs complying with subparagraph 1. and must be placed conspicuously at all places where entry to the property is normally expected or known to occur.

(b) It shall not be necessary to give notice by posting on any enclosed land or place not exceeding 5 acres in area on which there is a dwelling house in order to obtain the benefits of ss. 810.09 and 810.12 pertaining to trespass on enclosed lands.

(6) “Cultivated land” is that land which has been cleared of its natural vegetation and is presently planted with a crop, orchard, grove, pasture, or trees or is fallow land as part of a crop rotation.

(7) “Fenced land” is that land which has been enclosed by a fence of substantial construction, whether with rails, logs, post and railing, iron, steel, barbed wire, other wire, or other material, which stands at least 3 feet in height. For the purpose of this chapter, it shall not be necessary to fence any boundary or part of a boundary of any land which is formed by water.

(8) Where lands are posted, cultivated, or fenced as described herein, then said lands, for the purpose of this chapter, shall be considered as enclosed and posted.

(9) “Litter” means any garbage, rubbish, trash, refuse, debris, can, bottle, box, container, paper, tobacco product, tire, domestic or commercial appliance, mechanical equipment or part, building or construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, or farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

(10) “Dump” means to dump, throw, discard, place, deposit, or dispose of any litter.

(11) “Commercial horticulture property” means any property that is cleared of its natural vegetation and is planted in commercially cultivated horticulture products that are planted, grown, or harvested. The term also includes property that is used for the commercial sale, use, or distribution of horticulture products.

(12) “Agricultural chemicals manufacturing facility” means any facility, and any properties or structures associated with the facility, used for the manufacture, processing, or storage of agricultural chemicals classified in Industry Group 287 contained in the Standard Industrial Classification Manual, 1987, as published by the Office of Management and Budget, Executive Office of the President.

(13) “Construction site” means any property upon which there is construction that is subject to building permit posting requirements.

History.—s. 30, ch. 74-383; s. 1, ch. 76-46; s. 1, ch. 82-87; s. 1, ch. 92-351; s. 1, ch. 94-263; s. 1, ch. 94-307; s. 47, ch. 96-388; s. 13, ch. 99-188; s. 3, ch. 2001-182; s. 49, ch. 2001-279; s. 15, ch. 2006-289; s. 1, ch. 2007-123; s. 4, ch. 2007-244; s. 166, ch. 2020-2; s. 2, ch. 2023-236; s. 37, ch. 2024-137.

F.S. 810.011 on Google Scholar

F.S. 810.011 on Casetext

Amendments to 810.011

Arrestable Offenses / Crimes under Fla. Stat. 810.011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 810.011.

Annotations, Discussions, Cases:

Cases Citing Statute 810.011

Total Results: 20

Gary Cornel Melton v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-27T00:00:00-07:00

Snippet: after . . . commission” of the burglary. See § 810.011(4), Fla. Stat. But the person Appellant allegedly

ZADYE THOMAS vs ST. VINCENT'S MEDICAL CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-11T00:00:00-07:00

Snippet: failed to monitor or supervise Mr. Perez. Id. at 810–11. The Third District rejected the claim that Mr.

DEPARTMENT OF CHILDREN AND FAMILIES vs S.S.L. AND M.D., PARENTS OF O.D., A CHILD

Court: Fla. Dist. Ct. App. | Date Filed: 2022-12-08T00:00:00-08:00

Snippet: The GAL recommended termination. See id. § 39.810(11). Competent, substantial evidence supports

State of Florida v. Brian K. McKenzie

Court: Fla. | Date Filed: 2021-09-23T00:53:00-07:00

Snippet: mentions subparagraphs (5)(a)1. and (5)(a)3. Id. at 810-11. Concluding that Judge Shepherd’s dissent in Cuevas

UNITED AUTOMOBILE INSURANCE COMPANY v. RIVERO DIAGNOSTIC CENTER, INC., A/A/O CARLOS BACALLAO

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-25T00:53:00-07:00

Snippet: section). See also Soares v. Langlois, 934 A. 2d 806, 810-11 (R.I. 2007) (concluding that although the statement

CALVIN COUCH v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-11T00:53:00-07:00

Snippet: posted” is not defined in either section 810.09 or 810.011. “In the absence of a statutory definition, resort…citations omitted). We observe, then, that section 810.011(5)(a) does define “posted land.” That section states…outside the boundary line . . . .[2] § 810.011(5)(a), Fla. Stat. Numerous Florida courts have …(“[T]he definition of ‘posted land’ in section 810.011 was intended to apply to the term ‘legally posted…the site was posted in compliance with section 810.011(5)(a) for the conviction to stand); Borrico v.

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-03

Court: Fla. | Date Filed: 2020-02-05T23:53:00-08:00

Snippet: Definitions. Give as applicable. § 810.011(1), Fla. Stat. Dubose v. State, 210 So. 3d 641 …ungated opening for entering and exiting.] § 810.011(3), Fla. Stat. A “conveyance” means any motor… Definitions. Give as applicable. § 810.011(1), Fla. Stat. Dubose v. State, 210 So. 3d 641 …ungated opening for entering and exiting.] § 810.011(3), Fla. Stat. A “conveyance” means any motor… Definitions. Give as applicable. § 810.011(1), Fla. Stat. Dubose v. State, 210 So. 3d 641

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: responders or homeland security personnel. § 810.011(2), Fla. Stat.; Dubose v. State, 210 So. 3d 641…in area, see § 810.09(2)(d)1, Fla. Stat., and § 810.011(5)(a), Fla. Stat. A “legally posted construction

Rashawn Renard Jackson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-02T00:53:00-07:00

Snippet: 366 (Fla. 1986); Engle v. State, 438 So. 2d 803, 810- 11 (Fla. 1983); Griffin v. State, 414 So. 2d 1025,

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-05.

Court: Fla. | Date Filed: 2018-11-21T00:00:00-08:00

Citation: 257 So. 3d 925

Snippet: .3, 13.4, and 13.21 that are based on sections 810.011(1) and (2), Florida Statutes (2018), are amended…amended to better track the language of section 810.011(3), Florida Statutes. Next, instructions 13.1…without a legitimate, lawful purpose. § 810.011(2), Fla. Stat. Dubose v. State, … Definitions; give as applicable. § 810.011(1), Fla. Stat. Dubose v. State, …opening for entering and exiting.] § 810.011(3), Fla. Stat. *932 "Conveyance

Tavares J. Wright v. State of Florida

Court: Fla. | Date Filed: 2018-11-01T00:53:00-07:00

Snippet: So. 3d at 895- 902; see Glover, 226 So. 3d at 810-11; Oats, 181 So. 3d at 467-68. Based on the

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-02.

Court: Fla. | Date Filed: 2018-10-25T00:00:00-07:00

Citation: 256 So. 3d 1316

Snippet: homeland security personnel. *1324 § 810.011(2), Fla. Stat. ; Dubose v. State, …in area, see § 810.09(2)(d)1, Fla. Stat., and § 810.011(5)(a), Fla. Stat. A "legally posted

Tavares J. Wright v. State of Florida

Court: Fla. | Date Filed: 2018-09-27T00:00:00-07:00

Citation: 256 So. 3d 766

Snippet: see Glover , 226 So.3d at 810-11 ; Oats , 181 So.3d at 467-68

MARY M. CAMERON, PH.D v. NICOLE A. JASTREMSKI, PH.D

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-25T00:00:00-07:00

Citation: 246 So. 3d 385

Snippet: the employee’s duties.” Skoblow, 483 So. 2d at 810-11 (citing Wardlow, 403 So. 2d at 416). The majority

E.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-11T00:53:00-07:00

Snippet: defined as a building with “a roof over it.” § 810.011(1), Fla. Stat. (2016). The facts in evidence indicate

E.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-11T00:00:00-07:00

Citation: 242 So. 3d 517

Snippet: a building with "a roof over it." § 810.011(1), Fla. Stat. (2016). The facts in evidence indicate

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-09.

Court: Fla. | Date Filed: 2018-03-08T00:00:00-08:00

Citation: 238 So. 3d 192

Snippet: Definitions. Give as applicable. § 810.011(1), Fla. Stat. Dubose v. State, 210 So…opening for entering and exiting.] § 810.011(3), Fla. Stat. A "conveyance&

I.L. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-21T00:00:00-08:00

Citation: 240 So. 3d 81

Snippet: offender, by posting notices, or by fencing. See § 810.011 (5) -(8), Fla. Stat. (2016). Given that this offense

I.L. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-20T23:53:00-08:00

Snippet: offender, by posting notices, or by fencing. See § 810.011 (5)-(8), Fla. Stat. (2016). Given that this offense

Guardian Ad Litem Program v. C.W. (In re X.W.)

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-09T00:00:00-08:00

Citation: 255 So. 3d 882

Snippet: regarding X.W.'s manifest best interests. See § 39.810(11). Notwithstanding the statutory presumption and…X.W. See, e.g., Alvarado v. State, 205 So.3d 810, 810-11 (Fla. 2d DCA 2016) (Villanti, C.J., concurring)