Florida Statutes

Fla. Stat. § 810.095 (2025)

Trespass on school property with firearm or other weapon prohibited.

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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
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2007–2023 · leading case: In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-09, 122 So. 3d 263 (Fla. 2013).
In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-09, 122 So. 3d 263 (Fla. 2013). · cites it 4× “Fla. Stat. § 810.095 (2). “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.”
State of Florida v. Ricky Alphonso Rand, 209 So. 3d 660 (Fla. 1st DCA 2017). · cites it 4× “§ 810.095(1), Fla. Stat. Officer Jackson testified to his understanding that under the school safety laws, anyone on school grounds without permission or invitation was trespassing.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-10., 253 So. 3d 1040 (Fla. 2018). · cites it 4× “Fla. Stat. § 810.095 (2), Fla. Stat. "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.”
A.S.P. v. State, 964 So. 2d 211 (Fla. 2d DCA 2007). · cites it 2× “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).”
State of Florida v. Ricky Alphonso Rand (Fla. 1st DCA 2016). · cites it 4× “§ 810.095, Fla. Stat. (2014). Appellee’s Presence On School Grounds At 2:00 a.”
State v. Brice, 192 So. 3d 692 (Fla. 2d DCA 2016). · cites it 2× “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, Stat. (2013). In addition to disputing that he possessed a firearm, Mr.”
M. D. M. v. State of Florida (Fla. 2d DCA 2023). · cites it 2× “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).”
— 810.095(1) — 5 cases
State of Florida v. Ricky Alphonso Rand, 209 So. 3d 660 (Fla. 1st DCA 2017). “§ 810.095(1), Fla. Stat. Officer Jackson testified to his understanding that under the school safety laws, anyone on school grounds without permission or invitation was trespassing.”
In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-09, 122 So. 3d 263 (Fla. 2013). “Fla. Stat. § 810.095 (2). “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.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-10., 253 So. 3d 1040 (Fla. 2018). “Fla. Stat. § 810.095 (2), Fla. Stat. "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.”
State of Florida v. Ricky Alphonso Rand (Fla. 1st DCA 2016). “§ 810.095, Fla. Stat. (2014). Appellee’s Presence On School Grounds At 2:00 a.”
State v. Brice, 192 So. 3d 692 (Fla. 2d DCA 2016). “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, Stat. (2013). In addition to disputing that he possessed a firearm, Mr.”
— 810.095(2) — 1 case
State v. Brice, 192 So. 3d 692 (Fla. 2d DCA 2016). “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, Stat. (2013). In addition to disputing that he possessed a firearm, Mr.”
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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.