Florida Statute 810.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 810
BURGLARY AND TRESPASS

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F.S. 810.09

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.

(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.

F.S. 810.09 on Google Scholar

F.S. 810.09 on Casetext

Amendments to 810.09

Arrestable Offenses / Crimes under Fla. Stat. 810.09

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

S810.09 2a - TRESPASSING - PROPERTY NOT STRUCTURE OR CONVEY - M: F

S810.09 2b - TRESPASSING - FAIL TO LEAVE PROPERTY UPON ORDER BY OWNER - M: F

S810.09 2c - TRESPASSING - PROPERTY ARMED - F: T

S810.09 2d - TRESPASSING - POSTED CONSTRUCTION SITE - F: T

S810.09 2e - TRESPASSING - POSTED HORTICULTURE PROPERTY - F: T

S810.09 2f - TRESPASSING - POSTED AGRICULTURAL TESTING RESEARCH SITE - F: T

S810.09 2g - TRESPASSING - RENUMBERED. SEE REC# 6065 - F: T

S810.09 2g - TRESPASSING - POSTED DOMESTIC VIOLENCE CENTER - F: T

S810.09 2h - TRESPASSING - FIRE PROJECTILE ACROSS PRIVATE LAND WO AUTH - F: T

S810.09 2i - TRESPASSING - POSTED AG CHEMICAL MANUFACTURING FACILITY - F: T

S810.09 2j1 - TRESPASSING - VIOLATE DESIGNATED OPERATIONAL AREA OF AIRPORT - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 810.09

Total Results: 20

Gary Zaidman v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-08T00:00:00-08:00

Snippet: structure or conveyance in violation of section 810.09, Florida Statutes, but he entered a plea to trespass

Geronnie Tirell Rollins v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-08T00:00:00-07:00

Snippet: granted to the owner of private property by section 810.09, namely, the authority to order persons to either

RICHARD BURNS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-24T00:53:00-07:00

Snippet: ’s “real” or “personal property”); 5 see also § 810.09(1)(a)2., Fla. Stat. (2020) (“trespass on property…filed motion for rehearing. 6 As used in section 810.09(1), “the term ‘unenclosed curtilage’ means the …habitually used in connection with that dwelling.” § 810.09(1)(b), Fla. Stat. (2020). In other words, the trespass

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-16T23:53:00-08:00

Snippet: commits the offense of trespass . . . .”), and § 810.09(1)(a), Fla. Stat. (2020) (“A person who, without

CALVIN COUCH v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-11T00:53:00-07:00

Snippet: legally posted horticultural property under section 810.09(2)(e), Florida Statutes. 1 We have jurisdiction…legally posted,” as required by statute. See § 810.09(2)(e), Fla. Stat. We agree, reverse and remand.…horticultural property, in violation of section 810.09(2)(E), Florida Statutes; and petit theft, in violation…structure or conveyance, which is set forth in section 810.09(1), Florida Statutes.” Higgs v. State, 139 So.… trespass is a first-degree misdemeanor. See § 810.09(2)(a), Fla. Stat. Trespass on

LU JING v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-28T00:53:00-07:00

Snippet: 11 20 L.Ed.2d 889 (1968)). Section 810.09(1)(a)1., Florida Statutes (2019), prohibits trespassing

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

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: personnel employed by the employing agency. § 810.09(2)(d), Fla. Stat. If the construction site…site is greater than one acre in area, see § 810.09(2)(d)1, Fla. Stat., and § 810.011(5)(a), Fla. Stat…track, bicycles, swamp buggies, or mopeds. § 810.09(1)(b), Fla. Stat. “Unenclosed curtilage”

R. W. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-31T00:53:00-07:00

Snippet: conveyance, a first-degree misdemeanor. See § 810.09(2)(a). Accordingly, we reverse the disposition

R.W. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-31T00:00:00-07:00

Citation: 272 So. 3d 882

Snippet: a conveyance, a first-degree misdemeanor. See § 810.09(2)(a). Accordingly, we reverse the disposition

R.W. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-31T00:00:00-07:00

Citation: 272 So. 3d 882

Snippet: a conveyance, a first-degree misdemeanor. See § 810.09(2)(a). Accordingly, we reverse the disposition

Charles Stamitoles v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-05T00:53:00-07:00

Snippet: authorized person” as to the dealership property. § 810.09(2)(b), Fla. Stat. (2018). An element of trespass

Larry Crandall Roberts v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-30T23:53:00-08:00

Snippet: s arrest regarding his use of a 1 See § 810.09(2)(c), Fla. Stat. (2013). 2 In a criminal

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

Court: Fla. | Date Filed: 2018-11-21T00:00:00-08:00

Citation: 257 So. 3d 925

Snippet: PROPERTY OTHER THAN A STRUCTURE OR CONVEYANCE § 810.09(1)(a)1 and 2, Fla. Stat. To prove the crime…following paragraphs, as applicable. Give if § 810.09(1)(a)1, Fla. Stat. is charged. Notice not …manner defined in this instruction]]. Give if § 810.09(1)(a)2, Fla. Stat. is charged. The property…apart any portion of the conveyance. § 810.09(3), Fla. Stat. "Person authorized… threat to public safety or welfare. § 810.09(1)(b) , Fla. Stat. "

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

Court: Fla. | Date Filed: 2018-10-25T00:00:00-07:00

Citation: 256 So. 3d 1316

Snippet: personnel employed by the employing agency. § 810.09(2)(d), Fla. Stat. If the construction …construction site is greater than one acre in area, see § 810.09(2)(d)1, Fla. Stat., and § 810.011(5)(a), Fla. Stat…bicycles, swamp buggies, or mopeds. § 810.09(1)(b), Fla. Stat. "Unenclosed curtilage

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

Court: Fla. | Date Filed: 2018-09-27T00:00:00-07:00

Citation: 253 So. 3d 1040

Snippet: Structure or 810.08 or 13.3 or On Property Other than 810.09 13.4 a Structure (depending on charging document

I.L. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-21T00:00:00-08:00

Citation: 240 So. 3d 81

Snippet: property other than a structure or conveyance, see § 810.09, Fla. Stat. (2016), but it is not a necessarily

I.L. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-20T23:53:00-08:00

Snippet: property other than a structure or conveyance, see § 810.09, Fla. Stat. (2016), but it is not a necessarily

Brown v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-04T00:00:00-07:00

Citation: 224 So. 3d 806, 2017 WL 3316914, 2017 Fla. App. LEXIS 11260

Snippet: been given. § 810.09(l)(a)(l), (2)(b); see also Moore, 200 So.3d at 1292 (“[S]ection 810.09(l)(a) ‘requires…require a prior warning by anyone.” However, section 810.09, Florida Statutes (2015), clearly requires “notice…away from the house and toward the street. Cf. § 810.09(2)(b) (“If the offender defies an order to leave

Saint-Fort v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-21T00:00:00-07:00

Citation: 222 So. 3d 624, 2017 Fla. App. LEXIS 8976, 2017 WL 2665071

Snippet: not constitute a dangerous weapon under section 810.09(2)(c), Florida Statutes (2016), and thus his motion…ultimately entered into evidence at trial. Section 810.09(2)(c) provides that the offense of trespass is

Moore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-05T00:00:00-07:00

Citation: 200 So. 3d 1290, 2016 Fla. App. LEXIS 14776, 2016 WL 5807047

Snippet: 189 So.3d 982, 984-85 (Fla. 2d DCA 2016). Section 810.09(l)(a), Florida Statutes (2014), provides in pertinent…other than a structure or conveyance.” Thus section 810.09(l)(a) “requires that notice be given before a person