Florida Statutes

Fla. Stat. § 810.011 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 185 cases (8 in the last 5 years), 1978–2026 · leading case: State v. Huggins, 802 So. 2d 276 (Fla. 2001).

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State v. Huggins, 802 So. 2d 276 (Fla. 2001). · cites it 8× “The State also argues the burglary statute, section 810.011, Florida Statutes (1997), defines "dwelling," and the definition does not make any distinction between occupied and unoccupied, so no distinction can be made.”

Young v. State, 141 So. 3d 161 (Fla. 2013). · cites it 13× “Burglary of a Dwelling Florida’s burglary statute, section 810.011, defines dwelling as: a building or conveyance of any kind, including any attached porch, whether such building or conveyance is tempo *166 rary or permanent, mobile or immobile, which has a roof over it and is…”

In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-01, 109 So. 3d 721 (Fla. 2013). · cites it 13× “See § 810.011, Fla. Stat. (2012); State v. Hamilton, 660 So.”

Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002). · cites it 4× “Section 13 amends the definition of a conveyance in the burglary statute, section 810.011, Florida Statutes (1997).”

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). · cites it 8× “See § 810.011, Fla. Stat. If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the burglary, the [structure] [conveyance] was within an area that the governor had declared was…”

In Re Stand. Jury Instructions in Crim. Cases-No. 2007-11, 986 So. 2d 563 (Fla. 2008). · cites it 13× “See § 810.011, Fla. Stat. If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the burglary, the [structure] [conveyance] was within an area that the governor had declared was…”

Perkins v. State, 682 So. 2d 1083 (Fla. 1996). · cites it 11× “See § 810.011(2), Fla. Stat. (1995). Accordingly, we answer the certified question in the affirmative, approve the decision under review, and disapprove L.”

State v. Hamilton, 660 So. 2d 1038 (Fla. 1995). · cites it 6× “However, section 810.011 does not define "curtilage," even though a definition is crucial to comprehending the full scope of the crime of burglary.”

Munoz v. State, 937 So. 2d 686 (Fla. 2d DCA 2006). · cites it 11× “*688 It is undisputed that this house previously qualified as a dwelling under section 810.011. Section 810.011(2) defines a "dwelling" as "a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile…”

Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003). · cites it 6× “Definitions; give as applicable § 810.011(1), FlaStat. “Structure” means any building of any kind, either temporary or permanent, that has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure.”

In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). · cites it 7× “§ 810.011(1), Fla. Stat. “Structure” means any building of any kind, either temporary or permanent, that has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure.”

Baker v. State, 636 So. 2d 1342 (Fla. 1994). · cites it 6× “§ 810.011(2), Fla. Stat. (1989). Where the legislature has used particular *1344 words to define a term, the courts do not have the authority to redefine it.”

Show all 185 citing cases →

— 810.011(1) — 49 cases

State v. Huggins, 802 So. 2d 276 (Fla. 2001). “The State also argues the burglary statute, section 810.011, Florida Statutes (1997), defines "dwelling," and the definition does not make any distinction between occupied and unoccupied, so no distinction can be made.”

Henry v. State, 707 So. 2d 370 (Fla. 1st DCA 1998).

In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “§ 810.011(1), Fla. Stat. “Structure” means any building of any kind, either temporary or permanent, that has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure.”

In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-01, 109 So. 3d 721 (Fla. 2013). “See § 810.011, Fla. Stat. (2012); State v. Hamilton, 660 So.”

State v. Hamilton, 660 So. 2d 1038 (Fla. 1995). “However, section 810.011 does not define "curtilage," even though a definition is crucial to comprehending the full scope of the crime of burglary.”

— 810.011(2) — 57 cases

Young v. State, 141 So. 3d 161 (Fla. 2013). “Burglary of a Dwelling Florida’s burglary statute, section 810.011, defines dwelling as: a building or conveyance of any kind, including any attached porch, whether such building or conveyance is tempo *166 rary or permanent, mobile or immobile, which has a roof over it and is…”

Perkins v. State, 682 So. 2d 1083 (Fla. 1996). “See § 810.011(2), Fla. Stat. (1995). Accordingly, we answer the certified question in the affirmative, approve the decision under review, and disapprove L.”

Munoz v. State, 937 So. 2d 686 (Fla. 2d DCA 2006). “*688 It is undisputed that this house previously qualified as a dwelling under section 810.011. Section 810.011(2) defines a "dwelling" as "a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile…”

Weber v. State, 776 So. 2d 1001 (Fla. 5th DCA 2001).

— 810.011(3) — 29 cases

In Re Stand. Jury Instruct. in Crim. Cases No. 2008-04, 995 So. 2d 476 (Fla. 2008).

Baker v. State, 636 So. 2d 1342 (Fla. 1994). “§ 810.011(2), Fla. Stat. (1989). Where the legislature has used particular *1344 words to define a term, the courts do not have the authority to redefine it.”

Drew v. State, 773 So. 2d 46 (Fla. 2000).

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). “See § 810.011, Fla. Stat. If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the burglary, the [structure] [conveyance] was within an area that the governor had declared was…”

Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003). “Definitions; give as applicable § 810.011(1), FlaStat. “Structure” means any building of any kind, either temporary or permanent, that has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure.”

— 810.011(4) — 12 cases

Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015).

In Re Stand. Jury Instructions in Crim. Cases-No. 2007-11, 986 So. 2d 563 (Fla. 2008). “See § 810.011, Fla. Stat. If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the burglary, the [structure] [conveyance] was within an area that the governor had declared was…”

— 810.011(5) — 3 cases

D.T. v. State, 87 So. 3d 1235 (Fla. 4th DCA 2012).

Ward v. State, 21 So. 3d 896 (Fla. 5th DCA 2009).

Higgs v. State, 139 So. 3d 411 (Fla. 5th DCA 2014).

— 810.011(5)(a) — 19 cases

Lewis v. State, 932 So. 2d 357 (Fla. 2d DCA 2006).

In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-01, 109 So. 3d 721 (Fla. 2013). “See § 810.011, Fla. Stat. (2012); State v. Hamilton, 660 So.”

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-04, 190 So. 3d 614 (Fla. 2016).

M.M. v. State, 187 So. 3d 300 (Fla. 5th DCA 2016).

— 810.011(5)(b) — 3 cases

Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002). “Section 13 amends the definition of a conveyance in the burglary statute, section 810.011, Florida Statutes (1997).”

Nieminski v. State, 60 So. 3d 521 (Fla. 2d DCA 2011).

Lewis v. State, 932 So. 2d 357 (Fla. 2d DCA 2006).

— 810.011(6) — 3 cases

State v. Cormier, 375 So. 2d 852 (Fla. 1979).

In re Stand. Jury Instructions in Crim. Cases—Report 2010-05, 87 So. 3d 679 (Fla. 2012).

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-05., 257 So. 3d 925 (Fla. 2018).

— 810.011(7) — 5 cases

V.B. v. State, 959 So. 2d 1252 (Fla. 3d DCA 2007).

In re Stand. Jury Instructions in Crim. Cases—Report 2010-05, 87 So. 3d 679 (Fla. 2012).

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-05., 257 So. 3d 925 (Fla. 2018).

VB v. State, 959 So. 2d 1252 (Fla. 3d DCA 2007).

C.B.S., A Child v. State of Florida, 184 So. 3d 611 (Fla. 1st DCA 2016).

— 810.011(8) — 2 cases

In Re: Stand. Jury Instructions in Crim. Cases—report 2017-02, 229 So. 3d 295 (Fla. 2017).

— 810.011(h) — 1 case

In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-01, 109 So. 3d 721 (Fla. 2013). “See § 810.011, Fla. Stat. (2012); State v. Hamilton, 660 So.”

— 810.011(s) — 1 case

State v. Vino, 100 So. 3d 716 (Fla. 3d DCA 2012).

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