Trespass
Fla. Stat. 810.08 — told to leave, and land that is posted, fenced or cultivated
In Florida, willfully entering or remaining in a structure or conveyance without being authorized, licensed or invited, or refusing to leave after being warned to by the owner, lessee or someone they authorize, is trespass in a structure or conveyance. It is a second degree misdemeanor, a first degree misdemeanor if a person is inside, and a third degree felony if the trespasser is armed.
Entering or remaining on other property without authorization is trespass where notice against entering was given by actual communication or by posting, fencing or cultivation, or where it is the unenclosed curtilage of a home and the person means to commit another offense there. The statute makes it a first degree misdemeanor, and a third degree felony if the trespasser is armed.
| Land counts as posted, fenced or cultivated when | What the definitions say |
|---|---|
| Land counts as posted, fenced or cultivated whenPosted | What the definitions saySigns are placed not more than 500 feet apart along and at each corner of the boundaries, among the other methods the statute lists |
| Land counts as posted, fenced or cultivated whenFenced | What the definitions sayEnclosed by a fence of substantial construction at least 3 feet high |
| Land counts as posted, fenced or cultivated whenCultivated | What the definitions sayCleared and planted with a crop, orchard, grove, pasture or trees, or fallow in a rotation |
An owner, or someone the owner authorizes, may take into custody and detain in a reasonable manner, for a reasonable time, a person reasonably believed to be armed while trespassing, for prosecution.
Sources for this section (3)
- Fla. Stat. 810.08 — Trespass in structure or conveyance
- Fla. Stat. 810.09 — Trespass on property other than structure or conveyance
- Fla. Stat. 810.011 — Definitions for burglary and trespass
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.