Florida criminal charge
Trespass on property other than structure or conveyance in Florida
Current through 2026 Florida legislative session
Trespass on property other than structure or conveyance is a criminal offense under Florida law, defined by Fla. Stat. § 810.09. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 810.09.
What is the penalty for trespass on property other than structure or conveyance in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Basic trespass on property other than structure or conveyance — The offender defies a personally communicated order to leave, willfully opens a door/fence/gate or exposes animals/crops/property to waste, destruction, or freedom, unlawfully dumps litter, or otherwise trespasses on property other than a structure or conveyance, without any of the aggravating circumstances in (2)(b)-(k).; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Basic trespass on property other than structure or conveyance — The offender defies a personally communicated order to leave, willfully opens a door/fence/gate or exposes animals/crops/property to waste, destruction, or freedom, unlawfully dumps litter, or otherwise trespasses on property other than a structure or conveyance, without any of the aggravating circumstances in (2)(b)-(k).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Trespass while armed — The offender is armed with a firearm or other dangerous weapon during the commission of the trespass.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Trespass while armed — The offender is armed with a firearm or other dangerous weapon during the commission of the trespass.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Trespass on construction site — The property trespassed is a legally posted construction site, whether greater than 1 acre or 1 acre or less, meeting the specified posting requirements.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Trespass on construction site — The property trespassed is a legally posted construction site, whether greater than 1 acre or 1 acre or less, meeting the specified posting requirements.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Trespass on commercial horticulture property — The property trespassed upon is legally posted commercial horticulture property.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Trespass on commercial horticulture property — The property trespassed upon is legally posted commercial horticulture property.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Trespass on agricultural testing/research site — The property trespassed upon is a legally posted agricultural site used for testing or research purposes.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Trespass on agricultural testing/research site — The property trespassed upon is a legally posted agricultural site used for testing or research purposes.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Trespass on domestic violence center — The property trespassed upon is a certified domestic violence center that is legally posted as a restricted site.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Trespass on domestic violence center — The property trespassed upon is a certified domestic violence center that is legally posted as a restricted site.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Trespass via lethal projectile in hunting/fishing violation — A person taking or attempting to take, kill, or endanger certain fish or wildlife knowingly propels a potentially lethal projectile over or across private land without authorization.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Trespass via lethal projectile in hunting/fishing violation — A person taking or attempting to take, kill, or endanger certain fish or wildlife knowingly propels a potentially lethal projectile over or across private land without authorization.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Trespass on agricultural chemicals manufacturing facility — The property trespassed upon is a legally posted agricultural chemicals manufacturing facility.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Trespass on agricultural chemicals manufacturing facility — The property trespassed upon is a legally posted agricultural chemicals manufacturing facility.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Trespass on airport operational area with intent to injure or impede — The offender trespasses with intent to injure a person, damage property, or impede aircraft operations on a legally posted operational area of an airport.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Trespass on airport operational area with intent to injure or impede — The offender trespasses with intent to injure a person, damage property, or impede aircraft operations on a legally posted operational area of an airport.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Trespass on commercial agricultural property with intent to commit crime — The offender trespasses with intent to commit a crime on legally posted commercial agricultural property.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Trespass on commercial agricultural property with intent to commit crime — The offender trespasses with intent to commit a crime on legally posted commercial agricultural property.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Trespass on law-enforcement-secured area — The property trespassed upon is an area being maintained or secured by law enforcement and is legally posted as a restricted site.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Trespass on law-enforcement-secured area — The property trespassed upon is an area being maintained or secured by law enforcement and is legally posted as a restricted site.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is trespass on property other than structure or conveyance classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Basic trespass on property other than structure or conveyance | Misdemeanor of the First Degree | The offender defies a personally communicated order to leave, willfully opens a door/fence/gate or exposes animals/crops/property to waste, destruction, or freedom, unlawfully dumps litter, or otherwise trespasses on property other than a structure or conveyance, without any of the aggravating circumstances in (2)(b)-(k). | Fla. Stat. § 810.09(2)(a) |
| Trespass while armed | Felony of the Third Degree | The offender is armed with a firearm or other dangerous weapon during the commission of the trespass. | Fla. Stat. § 810.09(2)(b) |
| Trespass on construction site | Felony of the Third Degree | The property trespassed is a legally posted construction site, whether greater than 1 acre or 1 acre or less, meeting the specified posting requirements. | Fla. Stat. § 810.09(2)(c) |
| Trespass on commercial horticulture property | Felony of the Third Degree | The property trespassed upon is legally posted commercial horticulture property. | Fla. Stat. § 810.09(2)(d) |
| Trespass on agricultural testing/research site | Felony of the Third Degree | The property trespassed upon is a legally posted agricultural site used for testing or research purposes. | Fla. Stat. § 810.09(2)(e) |
| Trespass on domestic violence center | Felony of the Third Degree | The property trespassed upon is a certified domestic violence center that is legally posted as a restricted site. | Fla. Stat. § 810.09(2)(f) |
| Trespass via lethal projectile in hunting/fishing violation | Felony of the Third Degree | A person taking or attempting to take, kill, or endanger certain fish or wildlife knowingly propels a potentially lethal projectile over or across private land without authorization. | Fla. Stat. § 810.09(2)(g) |
| Trespass on agricultural chemicals manufacturing facility | Felony of the Third Degree | The property trespassed upon is a legally posted agricultural chemicals manufacturing facility. | Fla. Stat. § 810.09(2)(h) |
| Trespass on airport operational area with intent to injure or impede | Felony of the Third Degree | The offender trespasses with intent to injure a person, damage property, or impede aircraft operations on a legally posted operational area of an airport. | Fla. Stat. § 810.09(2)(i) |
| Trespass on commercial agricultural property with intent to commit crime | Felony of the Third Degree | The offender trespasses with intent to commit a crime on legally posted commercial agricultural property. | Fla. Stat. § 810.09(2)(j) |
| Trespass on law-enforcement-secured area | Felony of the Third Degree | The property trespassed upon is an area being maintained or secured by law enforcement and is legally posted as a restricted site. | Fla. Stat. § 810.09(2)(k) |
Common questions about trespass on property other than structure or conveyance in Florida
Is trespass on property other than structure or conveyance a felony or a misdemeanor in Florida?
It depends on the circumstances: trespass on property other than structure or conveyance ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 810.09.
Basic trespass on property other than structure or conveyance: Misdemeanor of the First Degree (Fla. Stat. § 810.09(2)(a)) · Trespass while armed: Felony of the Third Degree (Fla. Stat. § 810.09(2)(b)) · Trespass on construction site: Felony of the Third Degree (Fla. Stat. § 810.09(2)(c)) · Trespass on commercial horticulture property: Felony of the Third Degree (Fla. Stat. § 810.09(2)(d)) · Trespass on agricultural testing/research site: Felony of the Third Degree (Fla. Stat. § 810.09(2)(e)) · Trespass on domestic violence center: Felony of the Third Degree (Fla. Stat. § 810.09(2)(f)) · Trespass via lethal projectile in hunting/fishing violation: Felony of the Third Degree (Fla. Stat. § 810.09(2)(g)) · Trespass on agricultural chemicals manufacturing facility: Felony of the Third Degree (Fla. Stat. § 810.09(2)(h)) · Trespass on airport operational area with intent to injure or impede: Felony of the Third Degree (Fla. Stat. § 810.09(2)(i)) · Trespass on commercial agricultural property with intent to commit crime: Felony of the Third Degree (Fla. Stat. § 810.09(2)(j)) · Trespass on law-enforcement-secured area: Felony of the Third Degree (Fla. Stat. § 810.09(2)(k))
What are the penalties for trespass on property other than structure or conveyance in Florida?
Penalties for trespass on property other than structure or conveyance in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers trespass on property other than structure or conveyance?
Trespass on property other than structure or conveyance is governed by Fla. Stat. § 810.09 (Trespass on property other than structure or conveyance).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.