Florida Statutes

Fla. Stat. § 810.08 (2025)

Trespass in structure or conveyance.

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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.

History.—s. 34, ch. 74-383; s. 22, ch. 75-298; s. 2, ch. 76-46; s. 1, ch. 77-132; s. 33, ch. 88-381; s. 185, ch. 91-224; s. 1233, ch. 97-102; s. 4, ch. 2000-369.

Arrestable Offenses under F.S. 810.08

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§810.08(1)TRESPASSINGTRESPASSING STRUCTURE OR CONVEYANCEM · 2nd

§810.08(2a)TRESPASSINGRENUMBERED. SEE REC # 9127M · 2nd

§810.08(2b)TRESPASSINGTRESPASS OCCUPIED STRUCTURE OR CONVEYANCEM · 1st

§810.08(2c)TRESPASSINGTRESPASS ARMED STRUCTURE OR CONVEYANCEF · 3rd

Notes of Decisions

Cited in 178 cases (11 in the last 5 years), 1977–2026 · leading case: Downer v. State, 375 So. 2d 840 (Fla. 1979).

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Downer v. State, 375 So. 2d 840 (Fla. 1979). · cites it 20× “This cause is a direct appeal from an order of the County Court for Leon County, Florida, upholding the constitutionality of section 810.08(1), Florida Statutes (Supp.”

Rozier v. State, 402 So. 2d 539 (Fla. 5th DCA 1981). · cites it 10× “We hold that the allegation in count 2 of the information "without the consent of [the owner or custodian thereof]" was a sufficient allegational equivalent of the words "without being authorized, licensed, or invited" in section 810.08, Florida Statutes (1979), and that the…”

Gestewitz v. State, 34 So. 3d 832 (Fla. 4th DCA 2010). · cites it 8× “See § 810.08(1), Fla. Stat. (2006); 1 S.N.J. v.”

Jones v. State, 666 So. 2d 960 (Fla. 3d DCA 1996). · cites it 6× “During the jury charge conference at trial, the defendant requested that the trial court charge the jury on the lesser offense of trespass in a conveyance [§ 810.08(1), Fla. Stat. (1991)], a second-degree misdemeanor; the trial court refused the requested instruction.”

Henig v. State, 820 So. 2d 1037 (Fla. 4th DCA 2002). · cites it 6× “Henig requested that both section 810.08(2)(a), simple trespass, and 810.”

M.M. v. State, 187 So. 3d 300 (Fla. 5th DCA 2016). · cites it 7× “In addition, under section 810.08, Florida Statutes (2014), it is unlawful to enter any structure without being authorized, licensed or invited.”

Cohen v. Katsaris, 530 F. Supp. 1092 (N.D. Fla. 1982). · cites it 13× “The information charges the petitioners did “then and there, without being authorized, licensed or invited, willfully enter a structure, to-wit: Tallahassee Memorial Hospital, located at 1300 Miccosukee Road and that another human being was in said structure at the time,…”

McKIVER v. State, 55 So. 3d 646 (Fla. 1st DCA 2011). · cites it 4× “§ 810.08, Fla. Stat. (2008); see also Wright v.”

Palmer v. State, 112 So. 3d 606 (Fla. 4th DCA 2013). · cites it 5× “The defendant was charged with violating section 810.08, Florida Statutes (2012). A person violates section 810.”

Haugabrook v. State, 827 So. 2d 1065 (Fla. 2d DCA 2002). · cites it 3× “To sustain a conviction for trespass pursuant to section 810.08, Florida Statutes (1999), the State must prove that a person "without being authorized, licensed, or invited, willfully enters or remains in any structure.”

Rivers v. Dillards Dept. Store, Inc., 698 So. 2d 1328 (Fla. 1st DCA 1997). · cites it 4× “Section 810.08(1), Florida Statutes, [3] does not provide an absolute basis for the detention, since the warning had not yet been issued, although we agree that, implicitly, some detention may be necessary in order to issue the warning alluded to in that section.”

Rodriguez v. State, 29 So. 3d 310 (Fla. 2d DCA 2009). · cites it 4× “Although this warning is often given by a police officer, section 810.08 provides that the owner, lessee, or a person authorized by an owner or lessee may give the warning.”

Show all 178 citing cases →

— 810.08(1) — 78 cases

Downer v. State, 375 So. 2d 840 (Fla. 1979). “This cause is a direct appeal from an order of the County Court for Leon County, Florida, upholding the constitutionality of section 810.08(1), Florida Statutes (Supp.”

Jones v. State, 666 So. 2d 960 (Fla. 3d DCA 1996). “During the jury charge conference at trial, the defendant requested that the trial court charge the jury on the lesser offense of trespass in a conveyance [§ 810.08(1), Fla. Stat. (1991)], a second-degree misdemeanor; the trial court refused the requested instruction.”

Rozier v. State, 402 So. 2d 539 (Fla. 5th DCA 1981). “We hold that the allegation in count 2 of the information "without the consent of [the owner or custodian thereof]" was a sufficient allegational equivalent of the words "without being authorized, licensed, or invited" in section 810.08, Florida Statutes (1979), and that the…”

Rivers v. Dillards Dept. Store, Inc., 698 So. 2d 1328 (Fla. 1st DCA 1997). “Section 810.08(1), Florida Statutes, [3] does not provide an absolute basis for the detention, since the warning had not yet been issued, although we agree that, implicitly, some detention may be necessary in order to issue the warning alluded to in that section.”

M.M. v. State, 187 So. 3d 300 (Fla. 5th DCA 2016). “In addition, under section 810.08, Florida Statutes (2014), it is unlawful to enter any structure without being authorized, licensed or invited.”

— 810.08(1)(b) — 1 case

DER v. State, 744 So. 2d 1244 (Fla. 5th DCA 1999).

— 810.08(2) — 2 cases

Ulysse v. State, 899 So. 2d 1233 (Fla. 3d DCA 2005).

Leary v. State, 880 So. 2d 776 (Fla. 5th DCA 2004).

— 810.08(2)(B) — 1 case

Brookins v. Jacksonville Sheriff's Off. (M.D. Fla. 2023).

— 810.08(2)(a) — 11 cases

Henig v. State, 820 So. 2d 1037 (Fla. 4th DCA 2002). “Henig requested that both section 810.08(2)(a), simple trespass, and 810.”

Jenkins v. State, 547 So. 2d 1017 (Fla. 1st DCA 1989).

Baker v. State, 622 So. 2d 1333 (Fla. 1st DCA 1993).

Warram v. State, 788 So. 2d 323 (Fla. 2d DCA 2001).

— 810.08(2)(b) — 9 cases

Henig v. State, 820 So. 2d 1037 (Fla. 4th DCA 2002). “Henig requested that both section 810.08(2)(a), simple trespass, and 810.”

M.J.Y. v. State, 811 So. 2d 700 (Fla. 2d DCA 2002).

Krathy v. State, 406 So. 2d 53 (Fla. 1st DCA 1981).

Napier v. State, 468 So. 2d 446 (Fla. 1st DCA 1985).

— 810.08(2)(c) — 7 cases

Mitchell v. State, 698 So. 2d 555 (Fla. 2d DCA 1997).

Akins v. State, 462 So. 2d 1161 (Fla. 5th DCA 1984).

Johnson v. State, 689 So. 2d 1065 (Fla. 1997).

Cruz v. State, 593 So. 2d 312 (Fla. 3d DCA 1992).

Alexander v. State, 639 So. 2d 620 (Fla. 2d DCA 1994).

— 810.08(2a) — 1 case

Jones Jr. v. Davila (M.D. Fla. 2023).

— 810.08(3) — 2 cases

Gestewitz v. State, 34 So. 3d 832 (Fla. 4th DCA 2010). “See § 810.08(1), Fla. Stat. (2006); 1 S.N.J. v.”

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

— 810.08(b) — 1 case

Weiner v. State, 43 Fla. Supp. 2d 61 (Fla. Cir. Ct. 1990).

— 810.08(l)(b) — 1 case

D.E.R. v. State, 744 So. 2d 1244 (Fla. 5th DCA 1999).

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