Home
Menu
904-383-7448
F.S. 810.09 on Google Scholar

F.S. 810.09 on Casetext

Amendments to 810.09


The 2022 Florida Statutes

Title XLVI
CRIMES
Chapter 810
BURGLARY AND TRESPASS
View Entire Chapter
F.S. 810.09 Florida Statutes and Case Law
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)(a) 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.
(b) 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.
(c) 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 is guilty of 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 shall 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.
(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 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 shall 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 shall not be necessary to give notice by posting as defined in s. 810.011(5).
(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 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.”
(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 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.”
(g) 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.”
(h) 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.
(i) 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.”
(j)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.
(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.

Statutes updated from Official Statutes on: August 29, 2022
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

810.09 2a - TRESPASSING - PROPERTY NOT STRUCTURE OR CONVEY - M: F
810.09 2b - TRESPASSING - FAIL TO LEAVE PROPERTY UPON ORDER BY OWNER - M: F
810.09 2c - TRESPASSING - PROPERTY ARMED - F: T
810.09 2d - TRESPASSING - POSTED CONSTRUCTION SITE - F: T
810.09 2e - TRESPASSING - POSTED HORTICULTURE PROPERTY - F: T
810.09 2f - TRESPASSING - POSTED AGRICULTURAL TESTING RESEARCH SITE - F: T
810.09 2g - TRESPASSING - POSTED DOMESTIC VIOLENCE CENTER - F: T
810.09 2h - TRESPASSING - FIRE PROJECTILE ACROSS PRIVATE LAND WO AUTH - F: T
810.09 2i - TRESPASSING - POSTED AG CHEMICAL MANUFACTURING FACILITY - F: T


Civil Citations / Citable Offenses under S810.09
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 810.09.


Annotations, Discussions, Cases:

  1. State v. Dye

    346 So. 2d 538 (Fla. 1977)   Cited 66 times
    810.09 Trespass on property other than structure or conveyance. —
    PAGE 541
  2. Higgs v. State

    139 So. 3d 411 (Fla. Dist. Ct. App. 2014)   Cited 2 times
    The offense of trespass on a construction site is an enhancement of the offense of trespass on property other than a structure or conveyance, which is set forth in section 810.09(1), Florida Statutes. Simple trespass is a misdemeanor of the first degree. § 810.09(2)(a), Fla. Stat. Section 810.09(2)(d), Florida Statutes, provides for increased penalties if the trespass involves a construction site and certain additional requirements are met. The statute provides:
    PAGE 413
  3. Pointec v. State

    614 So. 2d 570 (Fla. Dist. Ct. App. 1993)   Cited 6 times
    Pointec appeals from his conviction for simple criminal trespass pursuant to section 810.09(1), Florida Statutes (1991). He argues the information which charged him solely with trespassing on a construction site pursuant to section 810.09(2)(d), does not encompass all of the elements of simple trespass. We agree, but find Pointec waived this objection and that there was sufficient evidence adduced at trial to sustain the jury's verdict.
  4. Daniel v. City of Tampa

    38 F.3d 546 (11th Cir. 1994)   Cited 40 times
    Fla.Stat. ch. 810.09 provides in pertinent part:
    PAGE 548
  5. Elend v. Basham

    471 F.3d 1199 (11th Cir. 2006)   Cited 267 times
    To be convicted under § 810.09(b) of the Florida penal code, an offender must defy an "order to leave, personally communicated to the offender by the owner of the premises or by an authorized person. . . ."
    PAGE 1203
  6. Hutton v. Strickland

    919 F.2d 1531 (11th Cir. 1990)   Cited 139 times
    "Clearly established," with reference to a right that a government official allegedly has violated, means that "[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987). Section 810.09, Florida Statutes, defines misdemeanor trespass as the unauthorized and uninvited entry on property which is posted; the offender's refusal to leave after being ordered to do so constitutes a misdemeanor of the first degree. See R.C.W. v. State, 507 So.2d 700 (Fla.Dist.Ct.App. 1987). Additionally, section 810.115, Florida Statutes, makes willfully cutting a fence enclosing another's property a first-degree misdemeanor. When the trespass offense is accompanied by possession of a tool or implement used to commit the crime or when the offender is armed with a firearm or other dangerous weapon during the commission of a trespass, the offense may become a felony under sections 810.06 and 810.09( 2)(c), Florida Statutes. Furthermore, under section 810.12(1), Florida Statutes, the unauthorized entry onto posted land is…
    PAGE 1539
  7. Nieminski v. State

    60 So. 3d 521 (Fla. Dist. Ct. App. 2011)   Cited 21 times   1 Legal Analyses
    Undoubtedly, the most troublesome fact in this case Is the fact that the deputies' entry onto the property arguably may have been a violation of section 810.09, Florida Statutes (2008). The officers willfully entered the property without being expressly authorized, licensed, or invited to enter. Although no one on the property communicated to them that they could not enter, and the property was not posted with signs, the property was "fenced land" and is considered enclosed and posted. See §§ 810.09( 1)(a)(1), 810.011(7), (8). It is not necessary in Florida to post enclosed land in order to obtain the benefit of section 810.09 if the property includes a dwelling house and does not exceed five acres in size. § 810.01 l(5)(b). A violation of the statute is more than civil trespass; technically, it is a misdemeanor — albeit one that is rarely prosecuted. See § 810.09( 2)(a). Accordingly, if the actions here constituted a statutory trespass and if such a statutory violation automatically results in a violation of the Fourth Amendment, this knock and talk violated the Fourth Amendment, and the evidence that was the fruit of this entry could not be…
    PAGE 528
  8. Couch v. State

    326 So. 3d 750 (Fla. Dist. Ct. App. 2021)   Cited 1 times
    "The offense of trespass on [commercial horticultural property] is an enhancement of the offense of trespass on property other than a structure or conveyance, which is set forth in section 810.09(1), Florida Statutes." Higgs v. State, 139 So. 3d 411, 413 (Fla. 5th DCA 2014). Simple trespass is a first-degree misdemeanor. See § 810.09(2)(a), Fla. Stat. Trespass on commercial horticultural property, however, is a felony of the third degree, where certain conditions are satisfied. Id. at § 810.09(2)(e). The statute provides:
    PAGE 751
  9. Borrico v. State

    Case No. 5D17-4114 (Fla. Dist. Ct. App. Jul. 12, 2019)   Cited 1 times
    Count I of the information alleged that "not having been authorized, licensed, or invited, [Borrico] did willfully enter upon or remain in any property which is a construction site that is legally posted and identified pursuant to F.S. 810.09(2)(d)1 or F.S. 810.09(2)(d)2 . . . contrary to Florida Statute 810.09(2)(d)." That statute states:
    PAGE 3
  10. Catron v. City of St. Petersburg

    658 F.3d 1260 (11th Cir. 2011)   Cited 77 times
    Fla. Stat. Ann.. § 810.09.
    PAGE 1265