TRESPASS

Under Florida law, a trespass occurs when a person willfully enters or remains on a property without authorization. If invited in and then told to leave but the person refuses, that is also a trespass.

In Florida, Trespass is defined under two statutes:

Florida Statute 810.08 – Trespass in a Structure or Conveyance

Florida Statute 810.09 – Trespass on Property Other than a Structure or Conveyance

Florida Statute 810.011 provides the definitions needed to understand the law:

Structure - a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage (link to our blog) thereof.

Dwelling - a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof.

Conveyance - any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance.

PENALTIES

Trespass in a Structure or Conveyance

  • 2nd Degree Misdemeanor

    • Max 60 days in jail; or

    • Up to 6 months probation

    • $500.00 fine

Trespass on Property Other than Structure or Conveyance

  • 1st degree Misdemeanor

    • Max 1 year in jail

    • Up to 12 months probation

    • 1,000.00 fine

Additionally, the Judge may order a No Contact Order and a Stay Away Order.

DEFENSES

Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:

  • Victim lacks standing or authority

  • Lack of notice

  • Lawfully present

  • Lack of communication leave

  • Implied or express invitation to enter or remain

  • Necessity


arrested for Trespassing? Contact us today.

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