Florida Statutes

Fla. Stat. § 810.09 (2025)

Trespass on property other than structure or conveyance.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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810.09 Trespass on property other than structure or conveyance.—

(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:

1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or

2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,

commits the offense of trespass on property other than a structure or conveyance.

(b) As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.

(2) Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(a) If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person, or if the offender willfully opens any door, fence, or gate or does any act that exposes animals, crops, or other property to waste, destruction, or freedom; unlawfully dumps litter on property; or trespasses on property other than a structure or conveyance, the offender commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property other than a structure or conveyance, he or she commits 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 that the person to be taken into custody and detained has committed or is committing the violation. If a person is taken into custody, a law enforcement officer must be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention in compliance with the requirements of this paragraph does not result in criminal or civil liability for false arrest, false imprisonment, or unlawful detention.

(c) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed is a construction site that is:

1. Greater than 1 acre in area and is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”; or

2. One acre or less in area and is identified as such with a sign that appears prominently, in letters of not less than 2 inches in height, and reads in substantially the following manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” The sign must be placed at the location on the property where the permits for construction are located. For construction sites of 1 acre or less as provided in this subparagraph, it may not be necessary to give notice by posting as defined in s. 810.011(5).

(d) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is commercial horticulture property and the property is legally posted and identified in substantially the following manner: “THIS AREA IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

(e) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural site for testing or research purposes that is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

(f) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is a domestic violence center certified under s. 39.905 which is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED RESTRICTED SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

(g) Any person who in taking or attempting to take any animal described in s. 379.101(19) or (20), or in killing, attempting to kill, or endangering any animal described in s. 585.01(13) knowingly propels or causes to be propelled any potentially lethal projectile over or across private land without authorization commits trespass, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this paragraph, the term “potentially lethal projectile” includes any projectile launched from any firearm, bow, crossbow, or similar tensile device. This section does not apply to any governmental agent or employee acting within the scope of his or her official duties.

(h) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural chemicals manufacturing facility that is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

(i)1. The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the offender trespasses with the intent to injure another person, damage property, or impede the operation or use of an aircraft, runway, taxiway, ramp, or apron area, and the property trespassed upon is the operational area of an airport that is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED OPERATIONAL AREA OF AN AIRPORT, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

2. For purposes of this paragraph, the term “operational area of an airport” means any portion of an airport to which access by the public is prohibited by fences or appropriate signs and includes runways, taxiways, ramps, apron areas, aircraft parking and storage areas, fuel storage areas, maintenance areas, and any other area of an airport used or intended to be used for landing, takeoff, or surface maneuvering of aircraft.

(j) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the offender trespasses with the intent to commit a crime on commercial agricultural property that is legally posted and identified by signs in letters of at least 2 inches at each pedestrian and vehicle entrance in substantially the following manner: “THIS AREA IS A DESIGNATED COMMERCIAL AGRICULTURAL PROPERTY, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

1. A first-time offender who is under 18 years of age at the time he or she commits the crime specified in this paragraph must be given the option of participating in a diversion program described in s. 958.12, s. 985.125, s. 985.155, or s. 985.16 or a program to which a referral is made by a state attorney under s. 985.15.

2. For the purpose of this paragraph, the term “commercial agricultural property” means property cleared of its natural vegetation or fenced for the purposes of planting, growing, harvesting, processing, raising, producing, or storing plant or animal commercial commodities.

(k) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an area being maintained or secured by federal, state, or local law enforcement officers which is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED RESTRICTED SITE SECURED BY LAW ENFORCEMENT, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

(3) As used in this section, the term “authorized person” or “person authorized” means any owner, his or her agent, or a community association authorized as an agent for the owner, or any law enforcement officer whose department has received written authorization from the owner, his or her agent, or a community association authorized as an agent for the owner, to communicate an order to leave the property in the case of a threat to public safety or welfare.

History.—s. 35, ch. 74-383; s. 22, ch. 75-298; s. 3, ch. 76-46; s. 2, ch. 80-389; s. 34, ch. 88-381; s. 186, ch. 91-224; s. 2, ch. 94-263; s. 2, ch. 94-307; s. 48, ch. 96-388; s. 1818, ch. 97-102; s. 3, ch. 97-201; s. 5, ch. 2000-369; s. 2, ch. 2001-182; s. 47, ch. 2001-279; s. 36, ch. 2002-46; s. 14, ch. 2006-289; s. 1, ch. 2006-295; s. 2, ch. 2007-123; s. 205, ch. 2008-247; s. 1, ch. 2018-151; s. 38, ch. 2024-137; s. 1, ch. 2025-30.

Notes of Decisions

Cited in 167 cases (15 in the last 5 years), 1977–2026 · leading case: State v. Dye, 346 So. 2d 538 (Fla. 1977).

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State v. Dye, 346 So. 2d 538 (Fla. 1977). · cites it 13× “Because the trial judge found § 810.09, Fla. Stat. (1975), unconstitutional vel non, appellee naturally had no reason to preserve the point on appeal.”

State v. Cormier, 375 So. 2d 852 (Fla. 1979). · cites it 12× “Cormier's motion to dismiss the charge on the ground that section 810.09 and section 810.011 are unconstitutional as applied to him was granted.”

Pointec v. State, 614 So. 2d 570 (Fla. 5th DCA 1993). · cites it 15× “NOTES [1] § 810.09(1), Fla. Stat. [2] § 810.09(2)(d), Fla.”

Floyd B. Hutton, Anna v. Hutton v. Sheriff Thomas Strickland, Individually & as Sheriff of Holmes Cnty., Florida, 919 F.2d 1531 (11th Cir. 1990). · cites it 4× “Section 810.09, Florida Statutes, defines misdemeanor trespass as the unauthorized and uninvited entry on property which is posted; the offender’s refusal to leave after being ordered to do so constitutes a misdemeanor of the first degree.”

Battiste v. Lamberti, 571 F. Supp. 2d 1286 (S.D. Fla. 2008). · cites it 8× “Fla. Stat. § 810.09 (l)(a). The four elements that must be satisfied to establish the crime of trespass under section 810.”

Lewis v. State, 932 So. 2d 357 (Fla. 2d DCA 2006). · cites it 13× “09(2)(d) to describe the particular language required to be placed on the sign, but it is not used in conjunction with the term "legally posted." Second, we conclude that the definition of "posted land" in section 810.”

In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-01, 109 So. 3d 721 (Fla. 2013). · cites it 5× “If the construction site is greater than one acre in area, see § 810.09(2) (d)l, Fla. Stat., and § 810.011(5)(a), Fla.”

Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015). · cites it 4× “(2015) (providing mandatory minimum sentence if the offender “used or threatened to use a deadly weapon during the commission of” certain designated offenses); § 810.09, Fla. Stat. (2015) (classifying trespass as a third-degree felony if the offender “is armed with a firearm or…”

Philmore v. McNeil, 575 F.3d 1251 (11th Cir. 2009). · cites it 2× “Compare Fla. Stat. Ann. § 810.09 (1)(a)1, (2)(c) (1997) (requiring entry with a firearm or other dangerous weapon onto property as to which notice against entering was posted or otherwise communicated) with § 812.”

In Interest of BM, 553 So. 2d 714 (Fla. 4th DCA 1989). · cites it 6× “Therefore, the stop to warn which arguably the police could make under section 810.09, Florida Statutes (1987) does not permit the investigatory search conducted in this case.”

Catron v. City of St. Petersburg, 658 F.3d 1260 (11th Cir. 2011). · cites it 2× “Fla. Stat. Ann. § 810.09 . . The trespass warning form attached to the City Police Department’s instructional order *1266 on trespassing reads, in part, this way: "You are hereby notified that your presence is no longer welcome .”

Moore v. State, 200 So. 3d 1290 (Fla. 2d DCA 2016). · cites it 6× “Section 810.09(1)(a), Florida Statutes (2014), provides in pertinent part that "[a] person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance .”

Show all 167 citing cases →

— 810.09(1) — 23 cases

Slydell v. State, 792 So. 2d 667 (Fla. 4th DCA 2001).

State v. Cormier, 375 So. 2d 852 (Fla. 1979). “Cormier's motion to dismiss the charge on the ground that section 810.09 and section 810.011 are unconstitutional as applied to him was granted.”

Pointec v. State, 614 So. 2d 570 (Fla. 5th DCA 1993). “NOTES [1] § 810.09(1), Fla. Stat. [2] § 810.09(2)(d), Fla.”

State v. McCormack, 517 So. 2d 73 (Fla. 3d DCA 1987).

L.D.L. v. State, 569 So. 2d 1310 (Fla. 1st DCA 1990).

— 810.09(1)(a) — 19 cases

Moore v. State, 200 So. 3d 1290 (Fla. 2d DCA 2016). “Section 810.09(1)(a), Florida Statutes (2014), provides in pertinent part that "[a] person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance .”

Seago v. State, 768 So. 2d 498 (Fla. 2d DCA 2000).

Wilson v. State, 952 So. 2d 564 (Fla. 5th DCA 2007).

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

Gray v. State, 981 So. 2d 562 (Fla. 4th DCA 2008).

— 810.09(1)(a)(1) — 3 cases

SNJ v. State, 17 So. 3d 1258 (Fla. 2d DCA 2009).

AF v. State, 912 So. 2d 374 (Fla. 2d DCA 2005).

Jesse Lee v. City of Gulfport & James O’Reilly (M.D. Fla. 2025).

— 810.09(1)(b) — 5 cases

In Re Stand. Jury Instructions in Crim. Cases-No. 2007-11, 986 So. 2d 563 (Fla. 2008).

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-02., 256 So. 3d 1316 (Fla. 2018).

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

In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-09 (Fla. 2020).

Richard Burns v. State of Florida (Fla. 4th DCA 2023).

— 810.09(2) — 6 cases

D.J. v. State, 67 So. 3d 1029 (Fla. 2011).

In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-01, 109 So. 3d 721 (Fla. 2013). “If the construction site is greater than one acre in area, see § 810.09(2) (d)l, Fla. Stat., and § 810.011(5)(a), Fla.”

DJ v. State, 67 So. 3d 1029 (Fla. 2011).

State v. Wilkinson, 724 So. 2d 614 (Fla. 5th DCA 1998).

Smith v. State, 194 So. 3d 483 (Fla. 3d DCA 2016).

— 810.09(2)(E) — 1 case

Calvin Couch v. The State of Florida (Fla. 3d DCA 2021).

— 810.09(2)(a) — 10 cases

State v. Dye, 346 So. 2d 538 (Fla. 1977). “Because the trial judge found § 810.09, Fla. Stat. (1975), unconstitutional vel non, appellee naturally had no reason to preserve the point on appeal.”

State v. Wimberly, 459 So. 2d 456 (Fla. 5th DCA 1984).

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

D.J. v. State, 67 So. 3d 1029 (Fla. 2011).

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

— 810.09(2)(b) — 21 cases

In Interest of BM, 553 So. 2d 714 (Fla. 4th DCA 1989). “Therefore, the stop to warn which arguably the police could make under section 810.09, Florida Statutes (1987) does not permit the investigatory search conducted in this case.”

Griffin v. State, 800 So. 2d 345 (Fla. 4th DCA 2001).

State v. McCormack, 517 So. 2d 73 (Fla. 3d DCA 1987).

S.K.W. v. State, 112 So. 3d 775 (Fla. 2d DCA 2013).

Brown v. State, 224 So. 3d 806 (Fla. 2d DCA 2017).

— 810.09(2)(c) — 6 cases

Floyd B. Hutton, Anna v. Hutton v. Sheriff Thomas Strickland, Individually & as Sheriff of Holmes Cnty., Florida, 919 F.2d 1531 (11th Cir. 1990). “Section 810.09, Florida Statutes, defines misdemeanor trespass as the unauthorized and uninvited entry on property which is posted; the offender’s refusal to leave after being ordered to do so constitutes a misdemeanor of the first degree.”

State v. Cormier, 375 So. 2d 852 (Fla. 1979). “Cormier's motion to dismiss the charge on the ground that section 810.09 and section 810.011 are unconstitutional as applied to him was granted.”

Saint-Fort v. State, 222 So. 3d 624 (Fla. 4th DCA 2017).

Larry Crandall Roberts v. State of Florida, 262 So. 3d 875 (Fla. 1st DCA 2019).

Devonte Rodney Baker v. State of Florida (Fla. 4th DCA 2026).

— 810.09(2)(d) — 10 cases

Lewis v. State, 932 So. 2d 357 (Fla. 2d DCA 2006). “09(2)(d) to describe the particular language required to be placed on the sign, but it is not used in conjunction with the term "legally posted." Second, we conclude that the definition of "posted land" in section 810.”

Pointec v. State, 614 So. 2d 570 (Fla. 5th DCA 1993). “NOTES [1] § 810.09(1), Fla. Stat. [2] § 810.09(2)(d), Fla.”

In Re Stand. Jury Instructions in Crim. Cases-No. 2007-11, 986 So. 2d 563 (Fla. 2008).

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

— 810.09(2)(e) — 1 case

Calvin Couch v. The State of Florida (Fla. 3d DCA 2021).

— 810.09(3) — 4 cases

Battiste v. Lamberti, 571 F. Supp. 2d 1286 (S.D. Fla. 2008). “Fla. Stat. § 810.09 (l)(a). The four elements that must be satisfied to establish the crime of trespass under section 810.”

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

A.J.M., a child v. State of Florida, 182 So. 3d 895 (Fla. 4th DCA 2016).

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

— 810.09(5)(a) — 1 case

Calvin Couch v. The State of Florida (Fla. 3d DCA 2021).

— 810.09(l)(a) — 14 cases

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

Wright v. State, 792 So. 2d 1264 (Fla. 4th DCA 2001).

D.L. v. State, 87 So. 3d 824 (Fla. 2d DCA 2012).

J.D.H. v. State, 967 So. 2d 1128 (Fla. 2d DCA 2007).

— 810.09(l)(a)(l) — 5 cases

S.N.J. v. State, 17 So. 3d 1258 (Fla. 2d DCA 2009).

Rodriguez v. State, 29 So. 3d 310 (Fla. 2d DCA 2009).

Brown v. State, 224 So. 3d 806 (Fla. 2d DCA 2017).

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

A.F. v. State, 912 So. 2d 374 (Fla. 2d DCA 2005).

— 810.09(l)(b) — 4 cases

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

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

Whitehurst v. State, 557 So. 2d 195 (Fla. 2d DCA 1990).

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