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Florida Statute 810.095 - Full Text and Legal Analysis Florida Statute 810.095 | Lawyer Caselaw & Research
Fla. Stat. § 810.095 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
810.095 Trespass on school property with firearm or other weapon prohibited.—
(1) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for a person who is trespassing upon school property to bring onto, or to possess on, such school property any weapon as defined in s. 790.001 or any firearm.
(2) As used in this section, “school property” means the grounds or facility of any kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.
History.—s. 1, ch. 92-130; s. 62, ch. 2004-357; s. 3, ch. 2006-186; s. 29, ch. 2023-18.

Arrestable Offenses under F.S. 810.095

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§810.095(1)TRESPASSINGTRESPASS SCHOOL PROPERTY W/ WEAPON/FIREARMF · 3rd

Cases Citing F.S. 810.095

Fla. Stat. § 810.095 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-09, 122 So. 3d 263 (Fla. 2013).

Cited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 617, 2013 Fla. LEXIS 1893, 2013 WL 4734579

ON SCHOOL PROPERTY WITH A [FIREARM] [WEAPON] § 810.095(1), Fla. Stat. To prove the crime of Trespass
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·In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-10., 253 So. 3d 1040 (Fla. 2018).

Cited 1 times | Published | Supreme Court of Florida

...atutes, for this crime. This instruction was adopted in 2018. - 14 - 13.5 TRESPASS ON SCHOOL PROPERTY WITH A [FIREARM] [WEAPON] § 810.095(1), Fla....
...time [he] [she] [entered] [remained] on the school property. 3. At the time (defendant) was on the school property, [he] [she] brought onto or was in possession of a [firearm] [weapon]. Definitions. Give as applicable. Fla. Stat. § 810.095(2), Fla....
...suitable for use for the hunting of big game.] - 17 - Lesser Included Offenses TRESPASS ON SCHOOL PROPERTY WITH A [FIREARM] [WEAPON] — 810.095(1) CATEGORY ONE CATEGORY TWO FLA....
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Cited as authority(citing case) (2020)
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State of Florida v. Ricky Alphonso Rand, 209 So. 3d 660 (Fla. Dist. Ct. App. 2017).

Cited 1 times | Published | District Court of Appeal of Florida | 2017 WL 535370, 2017 Fla. App. LEXIS 1634

possess a weapon or firearm on the property. § 810.095(1), Fla. Stat. Officer Jackson testified to his
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·A.S.P. v. State, 964 So. 2d 211 (Fla. 2d DCA 2007).

Published | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 13254, 2007 WL 2403757

...In its delinquency petition, the State alleged that A.S.P. committed the acts of possession of a weapon on school grounds, in violation of section 790.115(2)(b), Florida Statutes (2005), and trespass on school property with a firearm or weapon, in violation of section 810.095, Florida Statutes (2005)....
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State v. Brice, 192 So. 3d 692 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 WL 3127521, 2016 Fla. App. LEXIS 8481

...), Fla. Stat. (2013); the trespass on school property with a firearm count required a trespass on school property, § 790.115(2)(a); and the carrying of a concealed weapon count required a concealment on or about his person of the weapon carried, § 810.095(1), Fla....
...Brice's counsel to the jury in closing arguments. In combination, they could have led a rational jury to return not guilty verdicts without the necessity of any conclusion that the State failed to prove Mr. Brice possessed or carried a firearm. See, e.g., §§ 810.095(2) (defining school property); .097 (defining trespassing on school grounds); Gehring v....
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M. D. M. v. State of Florida (Fla. 2d DCA 2023).

Published | Florida 2nd District Court of Appeal

...tion for delinquency alleged that M.D.M had committed one count of possession of a weapon on school property, in violation of section 790.115(2)(b), Florida Statutes (2022), and one count of trespass on school property with a weapon, in violation of section 810.095, Florida Statutes (2022). At the bench trial, a high school student testified that he knew M.D.M....
...examination of the permissible evidence on which the jury could have legitimately relied" (emphasis added)). The 2022 versions of both statutes cited in Counts I and II specifically addressed weapons "as defined in s. 790.001(13)." §§ 790.115(2)(b); 810.095(1)....
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State of Florida v. Ricky Alphonso Rand (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal

...ting 2 arrival of a law enforcement officer. § 810.097(3), Fla. Stat. (2014). It is a third- degree felony for a person trespassing on school property to possess a weapon or firearm on the property. § 810.095, Fla....
...First, the officer—who testified that he’d patrolled the school for 1 The State charged Mr. Rand with possession of a firearm by a convicted felon based on a marijuana possession conviction in Texas in 2003, see § 790.23, Fla. Stat., and for trespassing with a firearm, see § 810.095(1), Fla....

This Florida statute resource is curated by a Jacksonville criminal defense lawyer, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 810 matters in the context of burglary and trespass defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.