Trespass Laws in Orange County, FL

Section 810.09, F.S., provides that trespass on property other than a structure or conveyance is a first degree misdemeanor punishable by up to a $1,000 fine and twelve (12) months in jail.  A person commits the offense of trespass on property other than a structure or conveyance, when:

• the person, without being authorized, licensed, or invited;
• willfully enters upon or remains in any property other than a structure or conveyance:
  • As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation; or
  • If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense

Some types of trespass are subject to enhanced felony penalties as explained in Section 810.09, F.S., including:

• Armed Trespass – the person 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;
• Trespass on Commercial Horticulture Property – the person trespasses on 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.”

• Trespass on Agricultural Site – the person trespasses on a 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.”

Attorney for Trespass Crimes in Orange County, FL

Florida provides enhanced criminal penalties for trespassing upon specified properties, including commercial horticulture properties and agriculture sites, for testing or research purposes. Contact an experienced criminal defense lawyer for Orange County, FL, if you were charged with trespass.

During the initial consultation, we can explain the elements of the charge and any viable defenses to fight for an outright dismissal.

Let us put our experience to work for you.

Call 813-250-0500.

Trespassing While Hunting in Orange County, FL

Section 810.09(2)(h), F.S., makes trespass a third degree felony for:

• any person who, without authorization:
  • takes or attempts to take any animal described in s. 379.101(19) or (20) F.S.; or
  • kills, attempts to kill, or endangers any animal described in s. 585.01(13), F.S., and
• knowingly propels or causes to be propelled any potentially lethal projectile over or across private land.

Under Section 790.333(2)(d), F.S., the term “projectile” is defined as any object expelled, propelled, discharged, shot, or otherwise released from a firearm, BB gun, airgun, or similar device, including, but not limited to, gunpowder, ammunition, lead, shot, skeet, and trap targets and associated chemicals, derivatives, and constituents thereof.

Under Section 810.09(2)(h), F.S., the term “potentially lethal projectile” includes any projectile launched from any firearm, bow, crossbow, or similar tensile device.

This third degree felony form of trespass does not apply to any governmental agent or employee acting within the scope of his or her official duties.

Read more about how other property crimes, such as criminal mischief, are prosecuted in Orange County, FL.

This article was last updated on Friday, November 1, 2024.