Florida Statute 810.8 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 810
BURGLARY AND TRESPASS

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F.S. 810.08

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.

F.S. 810.08 on Google Scholar

F.S. 810.08 on CourtListener

Amendments to 810.08

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 810.08

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

S810.08 1 - TRESPASSING - STRUCTURE OR CONVEYANCE - M: S

S810.08 2a - TRESPASSING - RENUMBERED. SEE REC # 9127 - M: S

S810.08 2b - TRESPASSING - OCCUPIED STRUCTURE OR CONVEYANCE - M: F

S810.08 2c - TRESPASSING - ARMED STRUCTURE OR CONVEYANCE - F: T

Cases Citing Statute 810.08

Total Results: 149

Pottinger v. City of Miami

810 F. Supp. 1551, 1992 U.S. Dist. LEXIS 17640, 1992 WL 414704

District Court, S.D. Florida | Filed: Nov 16, 1992 | Docket: 989493

Cited 58 times | Published

public buildings in violation of Florida Statutes § 810.08, .09 (prohibiting trespassing). As discussed below

EAR v. State

4 So. 3d 614, 2009 WL 217979

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1666810

Cited 55 times | Published

during the process of rehabilitation."). [6] See § 810.08(1), (2)(a), Fla. Stat. (2005). [7] See § 810

Gore v. State

706 So. 2d 1328, 1997 WL 399225

Supreme Court of Florida | Filed: Jul 17, 1997 | Docket: 1682641

Cited 42 times | Published

sentences contain any minimum mandatory sentence. [9] § 810.08(1), (2)(c), Fla. Stat. (1981). [10] The instruction

E.A.R. v. State

4 So. 3d 614, 34 Fla. L. Weekly Supp. 120, 2009 Fla. LEXIS 150

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 60295083

Cited 34 times | Published

during the process of rehabilitation.”). . See § 810.08(1), (2)(a), Fla. Stat. (2005). . See § 810.02(l)(b)

Viveros v. State

699 So. 2d 822, 1997 WL 599652

District Court of Appeal of Florida | Filed: Oct 1, 1997 | Docket: 526583

Cited 28 times | Published

offense of trespass in a structure or conveyance." § 810.08(1), Fla. Stat. (1993).

Mitchell v. State

698 So. 2d 555, 1997 WL 386112

District Court of Appeal of Florida | Filed: Jul 11, 1997 | Docket: 1524324

Cited 26 times | Published

with two counts of armed trespass pursuant to section 810.08(2)(c), Florida Statutes (1993). A trespasser

IT v. State

694 So. 2d 720, 1997 WL 228417

Supreme Court of Florida | Filed: May 8, 1997 | Docket: 1450130

Cited 26 times | Published

lesser included offense of grand theft. Under section 810.08, Florida Statutes (1993), whoever, without

Jones v. State

666 So. 2d 960, 1995 WL 779830

District Court of Appeal of Florida | Filed: Jan 10, 1996 | Docket: 2488487

Cited 26 times | Published

the lesser offense of trespass in a conveyance [§ 810.08(1), Fla. Stat. (1991)], a second-degree misdemeanor;

Downer v. State

375 So. 2d 840

Supreme Court of Florida | Filed: Sep 20, 1979 | Docket: 1353164

Cited 20 times | Published

Florida, upholding the constitutionality of section 810.08(1), Florida Statutes (Supp. 1976), under the

Rivers v. Dillards Dept. Store, Inc.

698 So. 2d 1328, 1997 WL 564201

District Court of Appeal of Florida | Filed: Sep 12, 1997 | Docket: 306761

Cited 18 times | Published

for an appropriate reason after a warning. Section 810.08(1), Florida Statutes,[3] does not provide an

State v. GC

572 So. 2d 1380, 1991 WL 1364

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 1518969

Cited 17 times | Published

lesser offense of trespass to a conveyance. See § 810.08(1), Fla. Stat. (1987). Thus, we approve G.C. and

Jenkins v. State

547 So. 2d 1017, 1989 WL 97684

District Court of Appeal of Florida | Filed: Aug 16, 1989 | Docket: 1738701

Cited 16 times | Published

of the structure being occupied or unoccupied, § 810.08(2)(a), (b); or, burglary with an assault or battery

Rozier v. State

402 So. 2d 539

District Court of Appeal of Florida | Filed: Aug 19, 1981 | Docket: 1313388

Cited 15 times | Published

a structure or conveyance as a violation of section 810.08(1), Florida Statutes (1979). We hold that the

Haugabrook v. State

827 So. 2d 1065, 2002 WL 31267818

District Court of Appeal of Florida | Filed: Oct 11, 2002 | Docket: 1360905

Cited 13 times | Published

sustain a conviction for trespass pursuant to section 810.08, Florida Statutes (1999), the State must prove

State v. Byars

823 So. 2d 740, 2002 WL 1430498

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 287340

Cited 13 times | Published

offense of trespass in a structure or conveyance. § 810.08(1), Fla. Stat. (2001). The trespass statute does

Smith v. State

778 So. 2d 329, 2000 WL 1879817

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 486771

Cited 13 times | Published

he refuses to do so, he commits the crime. See § 810.08, Fla. Stat. (1997). That section would appear

GC v. State

560 So. 2d 1186, 1990 WL 6486

District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 1478037

Cited 12 times | Published

vehicle is already proscribed by another statute, § 810.08, Fla. Stat. (1987), we conclude that the theft

Cape Publications, Inc. v. Reakes

840 So. 2d 277, 31 Media L. Rep. (BNA) 2206, 2003 Fla. App. LEXIS 885, 2003 WL 201311

District Court of Appeal of Florida | Filed: Jan 31, 2003 | Docket: 1748229

Cited 11 times | Published

and burglary. More specifically, pursuant to section 810.08, Florida Statutes (1995), the court instructed

Publix Supermarkets, Inc. v. United Food & Commercial Workers International Union

900 F. Supp. 419, 1995 U.S. Dist. LEXIS 15433, 1995 WL 613879

District Court, M.D. Florida | Filed: Apr 17, 1995 | Docket: 2115549

Cited 11 times | Published

Plaintiff's Complaint raises a claim for trespass under § 810.08, Fla.Stat., and seeks an injunction to prevent

McKIVER v. State

55 So. 3d 646, 2011 Fla. App. LEXIS 1584, 2011 WL 479883

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 21150

Cited 9 times | Published

being authorized, licensed or invited to enter. § 810.08, Fla. Stat. (2008); see also Wright v. State,

Rodriguez v. State

29 So. 3d 310, 2009 Fla. App. LEXIS 11580, 2009 WL 2514168

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1134209

Cited 9 times | Published

in this opinion, because of the language in section 810.08(1), Florida Statutes (2006), we agree with

Nurse v. State

658 So. 2d 1074, 20 Fla. L. Weekly Fed. D 1555

District Court of Appeal of Florida | Filed: Jul 5, 1995 | Docket: 439639

Cited 9 times | Published

necessarily included offense of simple trespass [§ 810.08(1), Fla. Stat. (1991)], but affirm the petit theft

Ulysse v. State

899 So. 2d 1233, 2005 WL 901171

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 1705755

Cited 8 times | Published

at the least, trespass in a conveyance. See id. § 810.08; see also State v. Black, 617 So.2d 777, 778 (Fla

Henig v. State

820 So. 2d 1037, 2002 WL 1466839

District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 1362700

Cited 8 times | Published

offense of trespass. Henig requested that both section 810.08(2)(a), simple trespass, and 810.08(2)(b), trespass

State v. Yunker

402 So. 2d 591

District Court of Appeal of Florida | Filed: Aug 26, 1981 | Docket: 1691464

Cited 8 times | Published

The crime of trespass after warning is in section 810.08(1), Florida Statutes (1977).[1] The facts alleged

Jones v. State

492 So. 2d 1124, 11 Fla. L. Weekly 1705

District Court of Appeal of Florida | Filed: Aug 5, 1986 | Docket: 2510686

Cited 7 times | Published

the necessarily included offense of trespass [§ 810.08(1), Fla. Stat. (1983)] a category 1 lesser offense

RM v. State

763 So. 2d 1060, 1999 WL 492675

District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 1681695

Cited 6 times | Published

or a person authorized to give permission. See § 810.08, Fla. Stat. (1997). The facts of the case are

DR v. State

734 So. 2d 455, 1999 WL 266617

District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 1441756

Cited 6 times | Published

of the premises to depart and refused to do so. § 810.08, Fla. Stat. (1997); State v. Jackson, 281 So.2d

D.L. v. State

138 So. 3d 499, 2014 WL 1613659, 2014 Fla. App. LEXIS 5893

District Court of Appeal of Florida | Filed: Apr 23, 2014 | Docket: 60240684

Cited 5 times | Published

supported by competent, substantial evidence. Section 810.08(1), Fla. Stat. (2012), provides: “Whoever,

Palmer v. State

112 So. 3d 606, 2013 WL 1748519, 2013 Fla. App. LEXIS 6559

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60231182

Cited 5 times | Published

with violating section 810.08, Florida Statutes (2012). A person violates section 810.08 by willfully entering

GESTEWITZ v. State

34 So. 3d 832, 2010 Fla. App. LEXIS 7327, 2010 WL 2076935

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 1641784

Cited 5 times | Published

agent first warned the potential trespasser. See § 810.08(1), Fla. Stat. (2006);[1]S.N.J. v. State, 17 So

MJS v. State

453 So. 2d 870

District Court of Appeal of Florida | Filed: Aug 1, 1984 | Docket: 458318

Cited 5 times | Published

committed trespass to a conveyance in violation of section 810.08, Florida Statutes (1983). M.J.S. filed a motion

Daniel v. State

137 So. 3d 1181, 2014 WL 1484954, 2014 Fla. App. LEXIS 5536

District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60240210

Cited 4 times | Published

therein. Compare § 810.02, Fla. Stat. (2010), with § 810.08, Fla. Stat. (2010). Here, the State charged the

Guerrero v. State

125 So. 3d 811, 2013 WL 950033, 2013 Fla. App. LEXIS 3959

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60236077

Cited 4 times | Published

instructed to do so by an authorized person. See § 810.08(1), Fla. Stat. The racial references could have

Leary v. State

880 So. 2d 776, 2004 WL 1413922

District Court of Appeal of Florida | Filed: Jun 25, 2004 | Docket: 1294782

Cited 4 times | Published

Leary was arrested at 7:12 a.m. (R. 55). [7] § 810.08(2), Fla. Stat. (2003).

Johnson v. State

689 So. 2d 1065, 1997 WL 109655

Supreme Court of Florida | Filed: Mar 13, 1997 | Docket: 476698

Cited 4 times | Published

his convictions for both armed trespass under section 810.08, Florida Statutes (1993), and grand theft of

IT v. State

657 So. 2d 1241

District Court of Appeal of Florida | Filed: Jul 7, 1995 | Docket: 47882

Cited 4 times | Published

support a finding of trespass in a conveyance. § 810.08(1), Fla. Stat. (1993). That offense is not a category

Baker v. State

622 So. 2d 1333, 1993 WL 143949

District Court of Appeal of Florida | Filed: Sep 14, 1993 | Docket: 1529018

Cited 4 times | Published

constitute only trespass, as proscribed by Section 810.08(1), Florida Statutes.[2]See Krathy v. State

Thomas v. State

591 So. 2d 259, 1991 WL 199946

District Court of Appeal of Florida | Filed: Oct 9, 1991 | Docket: 541543

Cited 4 times | Published

remaining in a structure or conveyance under section 810.08, Florida Statutes (1989), was a lesser-included

Jernigan v. State

566 So. 2d 39, 1990 WL 123103

District Court of Appeal of Florida | Filed: Aug 22, 1990 | Docket: 547380

Cited 4 times | Published

cause to arrest the defendant for trespass. See § 810.08(1), Fla. Stat. (1989). The arrest was, therefore

MF v. State

562 So. 2d 724, 1990 WL 49838

District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 1674677

Cited 4 times | Published

of trespass to a conveyance in violation of section 810.08, Florida Statutes (1987). G.C. v. State, 560

Williams v. State

461 So. 2d 1010, 10 Fla. L. Weekly 44

District Court of Appeal of Florida | Filed: Dec 27, 1984 | Docket: 464492

Cited 4 times | Published

provided in ss. 775.082, 775.083, and 775.084. [4] § 810.08, Fla. Stat. (1983). [5] Williams does not contest

Akins v. State

462 So. 2d 1161

District Court of Appeal of Florida | Filed: Dec 6, 1984 | Docket: 1509975

Cited 4 times | Published

defendant's conviction of trespass while armed (§ 810.08(2)(c)) under the charge in count three of burglary

Cohen v. Katsaris

530 F. Supp. 1092, 1982 U.S. Dist. LEXIS 11682

District Court, N.D. Florida | Filed: Jan 7, 1982 | Docket: 801289

Cited 4 times | Published

in said structure at the time, contrary to Section 810.08, Florida Statutes." In answer to a request

Krathy v. State

406 So. 2d 53

District Court of Appeal of Florida | Filed: Nov 17, 1981 | Docket: 1510069

Cited 4 times | Published

conviction for trespass of an occupied structure, Section 810.08(2)(b). Accordingly, the conviction is reversed

JB v. State

405 So. 2d 247

District Court of Appeal of Florida | Filed: Oct 27, 1981 | Docket: 2580713

Cited 4 times | Published

to trespass of a structure in violation of Section 810.08, Florida Statutes (1979); found the appellant

A.D. v. State

106 So. 3d 67, 2013 Fla. App. LEXIS 1824, 2013 WL 439786

District Court of Appeal of Florida | Filed: Feb 6, 2013 | Docket: 60228431

Cited 3 times | Published

lesser-included offense of trespass in a conveyance under section 810.08, Florida Statutes (2010). See D.L. v. State

Fernandez v. State

63 So. 3d 881, 2011 Fla. App. LEXIS 8952, 2011 WL 2497217

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 1332140

Cited 3 times | Published

protections as the residence it surrounds.[1] Section 810.08(1), Florida Statutes (2008), specifies that

LF v. State

694 So. 2d 840, 1997 WL 280104

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 1449950

Cited 3 times | Published

of trespass in a conveyance, in violation of section 810.08(1), Florida Statutes (1993). Trespass in a

State v. Woods

624 So. 2d 739, 1993 WL 322955

District Court of Appeal of Florida | Filed: Aug 27, 1993 | Docket: 920815

Cited 3 times | Published

invitation may be revoked as to that guest. Section 810.08, Florida Statutes (1991), permits the owner

WN v. State

426 So. 2d 1206

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 1683765

Cited 3 times | Published

property belonging to another. In contrast, section 810.08(1), Florida Statutes (1981), Trespass in structure

Hannah v. State

42 So. 3d 951, 2010 Fla. App. LEXIS 12722, 2010 WL 3418367

District Court of Appeal of Florida | Filed: Sep 1, 2010 | Docket: 1148918

Cited 2 times | Published

conveyance[.]" Thomas, 591 So.2d at 260; see also § 810.08(1), Fla. Stat. (2008). The information here charged

MER v. State

993 So. 2d 1145, 2008 WL 4790944

District Court of Appeal of Florida | Filed: Nov 5, 2008 | Docket: 469412

Cited 2 times | Published

to show that M.E.R. committed a trespass. See § 810.08. Therefore, I would reverse the disposition order

Graham v. State

964 So. 2d 758, 2007 WL 2428489

District Court of Appeal of Florida | Filed: Aug 29, 2007 | Docket: 1257299

Cited 2 times | Published

crime of trespass of a structure is defined in section 810.08 as follows: (1) Whoever, without being authorized

Epstein v. Toys-R-Us Delaware, Inc.

277 F. Supp. 2d 1266, 2003 U.S. Dist. LEXIS 19864, 2003 WL 21960317

District Court, S.D. Florida | Filed: Apr 14, 2003 | Docket: 2430456

Cited 2 times | Published

for trespass, in violation of Florida Statute § 810.08(1). Under this statute, a person commits a trespass

Acord v. State

841 So. 2d 587

District Court of Appeal of Florida | Filed: Mar 28, 2003 | Docket: 1656627

Cited 2 times | Published

facie case of trespass. To prove trespass under section 810.08(1), Florida Statutes (2001), the State needed

Freeman v. State

743 So. 2d 603, 1999 WL 817833

District Court of Appeal of Florida | Filed: Oct 13, 1999 | Docket: 508086

Cited 2 times | Published

reverse Freeman's conviction for violation of section 810.08(1), trespass in a structure or conveyance.

KH v. State

620 So. 2d 1114, 1993 WL 242576

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 292604

Cited 2 times | Published

NOTES [1] § 810.02, Fla. Stat. (1992). [2] § 810.08, Fla. Stat. (1992).

Hornsby v. State

352 So. 2d 954

District Court of Appeal of Florida | Filed: Dec 14, 1977 | Docket: 1757505

Cited 2 times | Published

1975. This legislation, inter alia created Section 810.08, Florida Statutes (1975), "Trespass in Structure

T.A.K. v. State

258 So. 3d 559

District Court of Appeal of Florida | Filed: Nov 9, 2018 | Docket: 64697087

Cited 1 times | Published

conveyance requires that the trespass be willful. See § 810.08(1), Fla. Stat. (2016) ; A.L.H., 205 So.3d at 783

A.L.H. v. State

205 So. 3d 782, 2016 Fla. App. LEXIS 13936

District Court of Appeal of Florida | Filed: Sep 16, 2016 | Docket: 60257635

Cited 1 times | Published

for trespass of a structure or conveyance. See § 810.08, Fla. Stat. (2014). We have jurisdiction, Fla

T.A.W. v. State

113 So. 3d 879, 2012 WL 5373440

District Court of Appeal of Florida | Filed: Nov 2, 2012 | Docket: 60231633

Cited 1 times | Published

the accused entered the property “willfully.” § 810.08. There is no evidence in this record to suggest

K.N. v. State

61 So. 3d 1258, 2011 Fla. App. LEXIS 7577, 2011 WL 2031432

District Court of Appeal of Florida | Filed: May 25, 2011 | Docket: 60300422

Cited 1 times | Published

remaining in the vehicle without permission. See § 810.08(1). He did not admit to grand theft, and in the

Wright v. State

983 So. 2d 6, 2007 Fla. App. LEXIS 8312, 2007 WL 1554415

District Court of Appeal of Florida | Filed: May 31, 2007 | Docket: 64854935

Cited 1 times | Published

offense of trespass in a structure or conveyance. § 810.08, Fla. Stat. (2005). The second count of the amended

GC v. State

944 So. 2d 1099, 2006 WL 3330764

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 1649943

Cited 1 times | Published

pleaded no contest to trespass in a conveyance, § 810.08(1), as a lesser of the burglary charge, and trespass

DL v. State

567 So. 2d 5, 1990 WL 102685

District Court of Appeal of Florida | Filed: Jul 24, 1990 | Docket: 2519329

Cited 1 times | Published

another without permission, a violation of section 810.08, Florida Statutes (1989), which prohibits trespass

Raulerson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69996619

Published

bail bond agent or bail bond enforcement agent”); § 810.08(2)(c), Fla. Stat. (authorizing a property owner

Gary Zaidman v. State of Florida

District Court of Appeal of Florida | Filed: Nov 8, 2024 | Docket: 69355051

Published

to trespass of a conveyance in violation of section 810.08, Florida Statutes. Accordingly, we remand this

THOMAS HARGROVE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 19, 2024 | Docket: 68452483

Published

place where he could not legally retrieve it. See § 810.08, Fla. Stat. (2000) (making it a second-degree

Katina Paese v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290564

Published

statutes that protect personal property. See, e.g., § 810.08, Fla. Stat. (2020) (prohibiting trespass in a

X.B., A JUVENILE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 17, 2021 | Docket: 61493024

Published

1981) (explaining that “willfully” as used in section 810.08(1), Florida Statutes (1979) “refers to a general

R.W. v. State

272 So. 3d 882

District Court of Appeal of Florida | Filed: May 31, 2019 | Docket: 64715426

Published

a conveyance, a second-degree misdemeanor. See § 810.08, Fla. Stat. (2016). However, the disposition order

R. W. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 31, 2019 | Docket: 15704311

Published

conveyance, a second-degree misdemeanor. See § 810.08, Fla. Stat. (2016). However, the disposition order

R.W. v. State

272 So. 3d 882

District Court of Appeal of Florida | Filed: May 31, 2019 | Docket: 64715425

Published

a conveyance, a second-degree misdemeanor. See § 810.08, Fla. Stat. (2016). However, the disposition order

NICO GALLO v. STATE OF FLORIDA

272 So. 3d 418

District Court of Appeal of Florida | Filed: Apr 10, 2019 | Docket: 14909110

Published

trespass, which in most instances is a misdemeanor. § 810.08, Fla. Stat. (2017). Appellant also pleaded no

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

257 So. 3d 925

Supreme Court of Florida | Filed: Nov 21, 2018 | Docket: 8221108

Published

13.3 TRESPASS - IN STRUCTURE OR CONVEYANCE § 810.08, Fla. Stat. To prove the crime of Trespass

T. A. K. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 9, 2018 | Docket: 8158543

Published

conveyance requires that the trespass be willful. See § 810.08(1), Fla. Stat. (2016); A.L.H., 205 So. 3d at 783

E.C. v. State

242 So. 3d 517

District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 64677798

Published

charged, E.C. had to have entered a "structure." § 810.08(1), Fla. Stat. (2016). A "structure" is defined

E.C. v. State

District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360291

Published

charged, E.C. had to have entered a “structure.” § 810.08(1), Fla. Stat (2016). A “structure” is defined

I.L. v. State

240 So. 3d 81

District Court of Appeal of Florida | Filed: Feb 21, 2018 | Docket: 64675477

Published

have considered (trespass of a structure, see section 810.08) would also have required proof that the "structure"

I.L. v. State

District Court of Appeal of Florida | Filed: Feb 21, 2018 | Docket: 6311533

Published

have considered (trespass of a structure, see section 810.08) would also have required proof that the “structure”

A.L.H. v. State

District Court of Appeal of Florida | Filed: Sep 16, 2016 | Docket: 4422977

Published

for trespass of a structure or conveyance. See § 810.08, Fla. Stat. (2014). We have jurisdiction, Fla

M.M. v. State

187 So. 3d 300, 2016 Fla. App. LEXIS 3352, 2016 WL 830365

District Court of Appeal of Florida | Filed: Mar 4, 2016 | Docket: 60254036

Published

commits the offense of trespass in a structure.... § 810.08(1), Fla. Stat. (Supp.1976). The court concluded

M.M. v. State

District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 3045467

Published

trespass in a structure . . . . § 810.08(1), Fla. Stat. (Supp. 1976). The court

D.T., a Child v. State of Florida

178 So. 3d 949, 2015 Fla. App. LEXIS 16972, 2015 WL 7018741

District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 3011958

Published

the windows boarded up, 2 . See § 810.08(1), Fla. Stat, (2013) ("Whoever, without being

A.H., a child v. State

151 So. 3d 48, 2014 WL 5614888

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592856

Published

1061 (Fla. 4th DCA 1999); see also § 810.08, Fla. Stat. (2012). In the context of an alleged

Tluczek v. State

130 So. 3d 730, 2014 WL 185195, 2014 Fla. App. LEXIS 445

District Court of Appeal of Florida | Filed: Jan 17, 2014 | Docket: 60237862

Published

Affirmed. CASANUEVA and BLACK, JJ., Concur. . § 810.08(1), Fla. Stat. (2011). . After Mr. Tluczek’s

In re Standard Jury Instructions in Criminal Cases—Report 2010-05

87 So. 3d 679, 2012 WL 399879

Supreme Court of Florida | Filed: Feb 9, 2012 | Docket: 60308030

Published

2011. 13.3 TRESPASS — IN STRUCTURE OR CONVEYANCE § 810.08, Fla. Stat. To prove the crime of Trespass in

B.C. v. State

70 So. 3d 666, 2011 Fla. App. LEXIS 11167

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 60302856

Published

deals with section 810.097(2). Downer concerned section 810.08(1), Florida Statutes, the general provision

BC v. State

70 So. 3d 666, 2011 WL 2752869

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 2353981

Published

deals with section 810.097(2). Downer concerned section 810.08(1), Florida Statutes, the general provision

D.J. v. State

67 So. 3d 1029, 36 Fla. L. Weekly Supp. 363, 2011 Fla. LEXIS 1572

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 60301918

Published

in a structure or conveyance in violation of section 810.08, Florida Statutes (Supp.1976). The appellants

DJ v. State

67 So. 3d 1029, 2011 WL 2637451

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 2534001

Published

in a structure or conveyance in violation of section 810.08, Florida Statutes (Supp.1976). The appellants

C.P. v. State

99 So. 3d 522, 2011 Fla. App. LEXIS 10394, 2011 WL 2586419

District Court of Appeal of Florida | Filed: Jul 1, 2011 | Docket: 60313056

Published

or remained in a structure or conveyance. See § 810.08(1), Fla. Stat. (2010). Entry into a structure

Cummings v. State

39 So. 3d 555, 2010 Fla. App. LEXIS 10559, 2010 WL 2836132

District Court of Appeal of Florida | Filed: Jul 21, 2010 | Docket: 60294918

Published

remaining in the vehicle without permission. See § 810.08(1). He did not admit to grand theft, and in the

CG v. State

34 So. 3d 243, 2010 WL 1875635

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 2531595

Published

SHEPHERD, and CORTIÑAS, JJ. PER CURIAM. Affirmed. See § 810.08(1), Fla. Stat. (2009); Rozier v. State, 402 So

C.G. v. State

34 So. 3d 243, 2010 Fla. App. LEXIS 6657

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 60290006

Published

PER CURIAM. Affirmed. See § 810.08(1), Fla. Stat. (2009); Rozier v. State, 402 So.2d 539, 542-43 (Fla

Ruiz v. State

23 So. 3d 208, 2009 Fla. App. LEXIS 18424, 2009 WL 4282074

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 1237439

Published

was charged with and convicted of violating section 810.08(1), Florida Statutes (2006), entitled "Trespass

M.E.R. v. State

993 So. 2d 1145, 2008 Fla. App. LEXIS 16965

District Court of Appeal of Florida | Filed: Nov 5, 2008 | Docket: 64856342

Published

to show that M.E.R. committed a trespass. See § 810.08. Therefore, I would reverse the disposition order

K.F. v. State

975 So. 2d 1231, 2008 Fla. App. LEXIS 3461, 2008 WL 649589

District Court of Appeal of Florida | Filed: Mar 12, 2008 | Docket: 64853996

Published

its burden of proving the crime of trespass. Section 810.08 of the Florida Statutes (2006), defines the

G.C. v. State

944 So. 2d 1099, 2006 Fla. App. LEXIS 19293

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 64848311

Published

pleaded no contest to trespass in a conveyance, § 810.08(1), as a lesser of the burglary charge, and trespass

Jean v. State

877 So. 2d 910, 2004 Fla. App. LEXIS 10837, 2004 WL 1620856

District Court of Appeal of Florida | Filed: Jul 21, 2004 | Docket: 64831858

Published

of a structure or conveyance in violation of section 810.08, Florida Statutes (2002). Appellant argues

Ago

Florida Attorney General Reports | Filed: Feb 13, 2004 | Docket: 3258048

Published

provided in s. 775.082, s.775.083." Similarly, section 810.08(1), Florida Statutes, provides that "[w]hoever

Gruver v. State

816 So. 2d 835, 2002 Fla. App. LEXIS 7207, 2002 WL 1040286

District Court of Appeal of Florida | Filed: May 24, 2002 | Docket: 64815242

Published

offense of trespass in a structure or conveyance. § 810.08, Fla. Stat. (1999). The question is whether Gruver

Canady v. State

813 So. 2d 161, 2002 Fla. App. LEXIS 2971, 2002 WL 384225

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 64814119

Published

812.014, and did not allege trespass under section 810.08, Florida Statutes (1999). See I.T. v. State

M.J.Y. v. State

811 So. 2d 700, 2002 Fla. App. LEXIS 1115, 2002 WL 180358

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 64813489

Published

punishable by no more than one year in jail. § 810.08(2)(b), Fla. Stat. (1999); § 775.082(4)(a), Fla

Warram v. State

788 So. 2d 323, 2001 Fla. App. LEXIS 7138, 2001 WL 539613

District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 64806384

Published

did prove the crime of trespass in a structure. § 810.08(2)(a), Fla. Stat. (1997). We remand with directions

R.M. v. State

763 So. 2d 1060, 1999 Fla. App. LEXIS 9296

District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 64799180

Published

or a person authorized to give permission. See § 810.08, Fla. Stat. (1997). The facts of the case are

D.R. v. State

734 So. 2d 455, 1999 Fla. App. LEXIS 5626

District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 64788583

Published

of the premises to depart and refused to do so. § 810.08, Fla. Stat. (1997); State v. Jackson, 281 So.2d

D.E. v. State

725 So. 2d 1269, 1999 Fla. App. LEXIS 1316

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 64786059

Published

or conveyance, a first degree misdemeanor. See § 810.08(1),(2)(b), Fla. Stat. (1997). D.E. was tried and

DE v. State

725 So. 2d 1269, 1999 WL 69629

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 2449588

Published

or conveyance, a first degree misdemeanor. See § 810.08(1),(2)(b), Fla. Stat. (1997). D.E. was tried and

Dopson v. State

719 So. 2d 37, 1998 Fla. App. LEXIS 11820, 1998 WL 636792

District Court of Appeal of Florida | Filed: Sep 18, 1998 | Docket: 64783492

Published

AFFIRMED. PETERSON and THOMPSON, JJ., concur. . § 810.08, Fla. Slat. (1995) . § 827.04(3), Fla. Slat

L.F. v. State

694 So. 2d 840, 1997 Fla. App. LEXIS 5862

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 64774084

Published

of trespass in a conveyance, in violation of section 810.08(1), Florida Statutes (1993). Trespass in a

L.F. v. State

694 So. 2d 840, 1997 Fla. App. LEXIS 5862

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 64774084

Published

of trespass in a conveyance, in violation of section 810.08(1), Florida Statutes (1993). Trespass in a

I.T. v. State

694 So. 2d 720, 22 Fla. L. Weekly Supp. 244, 1997 Fla. LEXIS 604

Supreme Court of Florida | Filed: May 8, 1997 | Docket: 64774062

Published

lesser included offense of grand theft. Under section 810.08, Florida Statutes (1993), whoever, without

J.Y. v. State

688 So. 2d 1015, 1997 Fla. App. LEXIS 1828, 1997 WL 90810

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 64771515

Published

consent, an element of the offense of trespass. § 810.08(1), Fla. Stat. (1995); Jones v. State, 666 So

A. M. v. State

678 So. 2d 914, 1996 Fla. App. LEXIS 9127, 1996 WL 491691

District Court of Appeal of Florida | Filed: Aug 30, 1996 | Docket: 64766912

Published

guilty of trespass in a conveyance pursuant to section 810.08, Florida Statutes. Appealing the order of disposition

Sanchez v. State

664 So. 2d 331, 1995 WL 735928

District Court of Appeal of Florida | Filed: Dec 13, 1995 | Docket: 505266

Published

or remained in the complainant's motor vehicle. § 810.08(1), Fla. Stat. (1993). Accordingly, the trial

Gamble v. State

661 So. 2d 1283, 1995 Fla. App. LEXIS 11423, 1995 WL 637512

District Court of Appeal of Florida | Filed: Nov 1, 1995 | Docket: 64759606

Published

county court by information with violation of section 810.08(1), Florida Statutes (1993), the general trespass

Bolware v. State

668 So. 2d 200, 1995 Fla. App. LEXIS 7533, 1995 WL 415450

District Court of Appeal of Florida | Filed: Jul 17, 1995 | Docket: 64762438

Published

misdemeanors when, pursuant to the provisions of section 810.08(2)(a), Florida Statutes, the trespass offenses

I.T. v. State

657 So. 2d 1241, 1995 Fla. App. LEXIS 7331

District Court of Appeal of Florida | Filed: Jul 7, 1995 | Docket: 64757854

Published

support a finding of trespass in a conveyance. § 810.08(1), Fla.Stat. (1993). That offense is not a category

J.C.M. v. State

642 So. 2d 1197, 1994 Fla. App. LEXIS 9389, 1994 WL 531281

District Court of Appeal of Florida | Filed: Sep 30, 1994 | Docket: 64751043

Published

AFFIRMED. COBB, GRIFFIN and THOMPSON, JJ., concur. . § 810.08(2)(b), Fla.Stat. (1991).

McCray v. State

640 So. 2d 1215, 1994 Fla. App. LEXIS 7750, 1994 WL 406150

District Court of Appeal of Florida | Filed: Aug 5, 1994 | Docket: 64750071

Published

§ 806.13(1)(a) and (b)2, Fla.Stat. (1991). . § 810.08, Fla.Stat. (1991). . Richardson v. State, 246

Alexander v. State

639 So. 2d 620, 1994 Fla. App. LEXIS 2078, 1994 WL 249496

District Court of Appeal of Florida | Filed: Mar 1, 1994 | Docket: 64749625

Published

returning to potential review of all PCA cases. . Section 810.08(2)(c), Florida Statutes (1991) provides that

State v. E.N.

624 So. 2d 806, 1993 Fla. App. LEXIS 9611, 1993 WL 382970

District Court of Appeal of Florida | Filed: Sep 28, 1993 | Docket: 64743094

Published

withholding adjudication for violation of section 810.08(2)(a), Florida Statutes (1991). We have jurisdiction

K.H. v. State

620 So. 2d 1114, 1993 Fla. App. LEXIS 7069

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 64697472

Published

JJ., concur. . § 810.02, Fla.Stat. (1992). . § 810.08, Fla.Stat. (1992).

S.M.R. v. State

596 So. 2d 676, 1991 Fla. App. LEXIS 11928, 1991 WL 248629

District Court of Appeal of Florida | Filed: Nov 27, 1991 | Docket: 64666523

Published

lesser offense of trespass to a conveyance. See § 810.08(1), Fla.Stat. (1987). Thus, we approve G.C. [v

Brown v. State

589 So. 2d 455, 1991 Fla. App. LEXIS 11590, 1991 WL 241192

District Court of Appeal of Florida | Filed: Nov 21, 1991 | Docket: 64663136

Published

modified. HARRIS and PETERSON, JJ., concur. . § 810.08(2)(b), Fla.Stat. (1989). . § 775.082(4)(a),

State v. G.C.

572 So. 2d 1380, 16 Fla. L. Weekly Supp. 45, 1991 Fla. LEXIS 23

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 64655858

Published

lesser offense of trespass to a conveyance. See § 810.08(1), Fla.Stat. (1987). Thus, we approve G.C. and

D.L. v. State

567 So. 2d 5, 1990 Fla. App. LEXIS 5385

District Court of Appeal of Florida | Filed: Jul 24, 1990 | Docket: 64653143

Published

another without permission, a violation of section 810.08, Florida Statutes (1989), which prohibits trespass

State v. Melican

564 So. 2d 245, 1990 Fla. App. LEXIS 5207, 1990 WL 98757

District Court of Appeal of Florida | Filed: Jul 19, 1990 | Docket: 64651653

Published

the consent involuntary and I would REVERSE. . § 810.08(1) Fla.Stat.1989. . Neither the authority of

E.W. v. State

560 So. 2d 388, 1990 Fla. App. LEXIS 2976, 1990 WL 54951

District Court of Appeal of Florida | Filed: May 1, 1990 | Docket: 64650162

Published

See G.C. v. State, 560 So.2d 1186 (Fla.1990) § 810.08, Fla. Stat. (1989). Affirmed.

M.F. v. State

562 So. 2d 724, 1990 Fla. App. LEXIS 2813

District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 64651025

Published

of trespass to a conveyance in violation of section 810.08, Florida Statutes (1987). G.C. v. State, 560

G.C. v. State

560 So. 2d 1186, 1990 Fla. App. LEXIS 564, 1990 WL 6486

District Court of Appeal of Florida | Filed: Jan 30, 1990 | Docket: 64650332

Published

vehicle is already proscribed by another statute, § 810.08, Fla. Stat. (1987), we conclude that the theft

D.F. v. State

560 So. 2d 1191, 1990 Fla. App. LEXIS 563, 1990 WL 6485

District Court of Appeal of Florida | Filed: Jan 30, 1990 | Docket: 64650333

Published

offense of trespass to a conveyance as defined in section 810.08, Florida Statutes (1987). Affirmed as modified

Feacher v. State

504 So. 2d 17, 12 Fla. L. Weekly 442, 1987 Fla. App. LEXIS 6611

District Court of Appeal of Florida | Filed: Feb 5, 1987 | Docket: 64625877

Published

count of the lesser included offense of trespass. § 810.-08, Fla.Stat. (1985). The burglary convictions are

Bowen v. State

491 So. 2d 331, 11 Fla. L. Weekly 1560, 1986 Fla. App. LEXIS 8823

District Court of Appeal of Florida | Filed: Jul 16, 1986 | Docket: 64620583

Published

trespass of an occupied conveyance pursuant to section 810.08(2)(b), Florida Statutes (1985). We agree. The

C.D.S. v. State

475 So. 2d 1017, 1985 Fla. App. LEXIS 16019, 10 Fla. L. Weekly 2215

District Court of Appeal of Florida | Filed: Sep 25, 1985 | Docket: 64614339

Published

committing the offense at issue here is sixty days. See § 810.08(2)(a), Fla.Stat. (1983); § 775.-082(4)(b), Fla

Napier v. State

468 So. 2d 446, 10 Fla. L. Weekly 1133, 1985 Fla. App. LEXIS 13824

District Court of Appeal of Florida | Filed: May 7, 1985 | Docket: 64611774

Published

the lower court. Although trespassing under section 810.08(2)(b) is a first-degree misdemeanor punishable

M.J.S. v. State

453 So. 2d 870, 9 Fla. L. Weekly 1695, 1984 Fla. App. LEXIS 13960

District Court of Appeal of Florida | Filed: Aug 1, 1984 | Docket: 64606221

Published

committed trespass to a conveyance in violation of section 810.08, Florida Statutes (1983). M.J.S. filed a motion

Nobile v. State

448 So. 2d 1249, 1984 Fla. App. LEXIS 12959

District Court of Appeal of Florida | Filed: Apr 26, 1984 | Docket: 64604349

Published

will reflect that he pled to a violation of section 810.08(2)(c), Florida Statutes, being the offense

K.D. v. State

431 So. 2d 694, 1983 Fla. App. LEXIS 20777

District Court of Appeal of Florida | Filed: May 17, 1983 | Docket: 64597075

Published

based on burglary be reduced to trespass under section 810.08(1), Florida Statutes (1981). See Krathy v.

W.N. v. State

426 So. 2d 1206, 1983 Fla. App. LEXIS 19032

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 64595138

Published

property belonging to another. In contrast, section 810.08(1), Florida Statutes (1981), Trespass in structure

Desin v. State

414 So. 2d 516, 1982 Fla. LEXIS 2425

Supreme Court of Florida | Filed: May 13, 1982 | Docket: 64590241

Published

Fla.Stat. (1981) (trespass on nursery stock); § 810.08, Fla.Stat. (1981) (trespass in a structure or

J. B. v. State

405 So. 2d 247

District Court of Appeal of Florida | Filed: Oct 27, 1981 | Docket: 64585771

Published

to trespass of a structure in violation of Section 810.08, Florida Statutes (1979); found the appellant

In the Interest of R. R.

397 So. 2d 1051, 1981 Fla. App. LEXIS 19813

District Court of Appeal of Florida | Filed: May 13, 1981 | Docket: 64582407

Published

was guilty of trespass of a conveyance under Section 810.08(1), Florida Statutes, which was a necessarily

State v. Clark

389 So. 2d 1216, 1980 Fla. App. LEXIS 18005

District Court of Appeal of Florida | Filed: Oct 28, 1980 | Docket: 64578721

Published

CURIAM. Affirmed. An arrest for trespass under Section 810.08(1), Florida Statutes (1977), as for other cases

Davis v. State

383 So. 2d 620, 1980 Fla. LEXIS 4190

Supreme Court of Florida | Filed: Apr 3, 1980 | Docket: 64576071

Published

court, sixth judicial circuit, which held that section 810.08, Florida Statutes (1977) was constitutional

Pedroso v. State

380 So. 2d 1124, 1980 Fla. App. LEXIS 15642

District Court of Appeal of Florida | Filed: Mar 5, 1980 | Docket: 64574838

Published

the court that the appellant violated both Section 810.08, Florida Statutes (1977), and condition (4)

R. T. v. State

353 So. 2d 645, 1977 Fla. App. LEXIS 17239

District Court of Appeal of Florida | Filed: Dec 27, 1977 | Docket: 64562038

Published

Other Than Structure or Conveyance, instead of Section 810.08, Trespass in Structure or Conveyance) did not