Fla. Stat. § 810.08
Trespass in Florida
Trespass is usually a misdemeanor — but being armed, or refusing to leave when warned, changes the picture. Here is how Florida structures it.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
The Basics
Florida separates trespass in a structure or conveyance (§ 810.08) from trespass on property/land (§ 810.09). Both require entering or remaining without authorization. Being warned to leave and refusing, or entering a posted property, strengthens the State’s case.
The Governing Statute
Fla. Stat. § 810.08 — Trespass in a Structure or Conveyance
"Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance … commits the offense of trespass in a structure or conveyance."
Read the full statute on Online Sunshine →
Trespass — Penalties
Basic trespass: Second-degree misdemeanor (up to 60 days).
If a person is present in the structure: First-degree misdemeanor.
If the trespasser is armed with a firearm or dangerous weapon: Third-degree felony.
If a person is present in the structure: First-degree misdemeanor.
If the trespasser is armed with a firearm or dangerous weapon: Third-degree felony.
What a Defense Attorney Looks For
- Authorization or invitation to be there — a complete defense.
- Whether warning to leave was actually given, where required.
- Willfulness — whether entry or remaining was intentional.
- Open-to-the-public status of the property.
Frequently Asked Questions
Is trespassing a felony in Florida?
Usually not. Basic trespass under §§ 810.08–810.09 is a misdemeanor. It becomes a third-degree felony if the trespasser is armed with a firearm or dangerous weapon, and a first-degree misdemeanor if someone is present in the structure.
Do I have to be warned before being charged with trespass in Florida?
It depends on the situation. Entering a posted or enclosed property, or a structure without authorization, can be trespass on its own. In other cases, a warning to leave and refusal to do so is what completes the offense.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 810.08 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.