- Dorothy Naumann
- Indian River County, FL
Trespassing under Florida Statute 810.08
Florida Statute 810.08 defines trespass in a structure or conveyance as willfully entering or remaining in any structure or conveyance without being authorized, licensed, or invited. The statute distinguishes between structures that are occupied at the time of the trespass and those that are not.
Trespass in an unoccupied structure or conveyance is a second-degree misdemeanor, carrying a maximum of sixty days in county jail. Trespass in an occupied structure or conveyance is a first-degree misdemeanor, carrying a maximum of one year. If the trespasser is armed with a firearm or dangerous weapon, the offense becomes a third-degree felony.
Trespass on property other than a structure
Florida Statute 810.09 addresses trespass on property other than a structure or conveyance, including open land, fenced property, and similar areas. Trespass on unposted property where no warning has been given is a second-degree misdemeanor. Trespass on posted property or property after having been warned not to enter is a first-degree misdemeanor.
Trespass on agricultural land causes a separate concern under Florida law. Florida Statute 810.09(2)(d) elevates trespass on certain agricultural property to a third-degree felony when the trespasser enters with a vehicle or causes damage to crops or property.
When trespass becomes burglary
The critical distinction between trespass and burglary under Florida law is intent. Burglary under Florida Statute 810.02 requires that the person enter or remain in the structure with the intent to commit an offense inside. Trespass does not require criminal intent beyond the unauthorized entry itself.
The intent element of burglary may be inferred from circumstances, including the time of entry, the manner of entry, what occurred during the entry, and what the person was found with. Florida courts have addressed the sufficiency of circumstantial evidence to prove the intent element of burglary in numerous cases.
Penalties for burglary of a structure in Florida
Burglary of an unoccupied structure is a third-degree felony under Florida Statute 810.02, carrying a maximum of five years in state prison. Burglary of an occupied structure is a second-degree felony, carrying a maximum of fifteen years. If the offender is armed or commits an assault or battery during the burglary, the charge becomes a first-degree felony punishable by a term of years not exceeding life.
Florida Statute 810.02(4) provides that a person convicted of burglary who uses a motor vehicle as an instrumentality, other than as a getaway vehicle, to assist in committing the burglary faces a minimum mandatory sentence of three years for damage caused.
Frequently asked questions
What is the difference between trespassing and burglary in Florida?
Trespass under Florida Statute 810.08 is unauthorized entry or remaining in a structure without criminal intent. Burglary under Florida Statute 810.02 requires entry or remaining with the intent to commit an offense inside. Intent is the distinguishing element.
Is trespassing a felony in Florida?
Trespass is generally a misdemeanor under Florida Statute 810.08. It becomes a third-degree felony when the trespasser is armed with a firearm or dangerous weapon, or under certain agricultural property provisions.
What is the penalty for burglary of an occupied building in Florida?
Burglary of an occupied structure under Florida Statute 810.02 is a second-degree felony, carrying a maximum of fifteen years. If the offender is armed or commits an assault or battery, the charge becomes a first-degree felony.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.