Florida Statute 810.08 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 810.08

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

Annotations, Discussions, Cases:

Cases Citing Statute 810.08

Total Results: 20

Gary Zaidman v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-08

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

THOMAS HARGROVE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-04-19

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

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

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

Court: District Court of Appeal of Florida | Date Filed: 2021-11-17

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

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

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: NO. None Trespass to conveyance 810.08 13.3 GRAND THEFT — THIRD DEGREE (PROPERTY

R.W. v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-05-31

Citation: 272 So. 3d 882

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

R.W. v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-05-31

Citation: 272 So. 3d 882

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

R. W. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-05-31

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

NICO GALLO v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-04-10

Citation: 272 So. 3d 418

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

Dalkeith v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-01-23

Citation: 263 So. 3d 243

Snippet: a conveyance is a second-degree misdemeanor, §§ 810.08(1) & (2)(a), Fla. Stat. (2018), not a first-degree

Dalkeith v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-01-23

Citation: 263 So. 3d 243

Snippet: a conveyance is a second-degree misdemeanor, §§ 810.08(1) & (2)(a), Fla. Stat. (2018), not a first-degree

Dalkeith v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-01-23

Snippet: a conveyance is a second-degree misdemeanor, §§ 810.08(1) & (2)(a), Fla. Stat. (2018), not a first-degree

In Re: Standard Jury Instructions in Criminal Cases - Report 2018-06

Court: Supreme Court of Florida | Date Filed: 2018-12-20

Snippet: 014(3)(b) 14.1 degree Battery 784.03 8.3 Trespass 810.08 13 .3 Comments *The felony degree of a Home-lnvasion

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-06.

Court: Supreme Court of Florida | Date Filed: 2018-12-20

Citation: 260 So. 3d 941

Snippet: 014(3)(b) 14.1 degree Battery 784.03 8.3 Trespass 810.08 13.3 Comments If applicable, see Instruction

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

Court: Supreme Court of Florida | Date Filed: 2018-11-21

Citation: 257 So. 3d 925

Snippet: 02(3) 13.1 Trespass 810.08(2)(a) 13.3 Trespass 810.08(2)(b) 13.3 Trespass 810.08(2)(c) 13.3 Criminal

T.A.K. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-11-09

Citation: 258 So. 3d 559

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

T. A. K. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-11-09

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

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

Court: Supreme Court of Florida | Date Filed: 2018-10-25

Citation: 256 So. 3d 1316

Snippet: FLA. STAT. INS. NO. None Trespass to conveyance 810.08 13.3 GRAND THEFT - THIRD DEGREE (PROPERTY VALUED

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-10.

Court: Supreme Court of Florida | Date Filed: 2018-09-27

Citation: 253 So. 3d 1040

Snippet: Attempt 777.04(1) 5.1 Trespass in Structure or 810.08 or 13.3 or On Property Other than 810.09 13.4 a

E.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-04-11

Citation: 242 So. 3d 517

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