Trespassing (Fla. Stat. 810.08 & 810.09) — Escambia County Jail View Guide
TRESPASSING — PROPERTY NOT STRUCTURE OR CONVEY (810.09.2a, F M) on Escambia County Jail View means trespass on land or property other than a building or vehicle, after notice not to enter or remain. It’s generally a first-degree misdemeanor. Trespass in a structure or conveyance (810.08) is usually a second-degree misdemeanor. Trespass while armed is a third-degree felony.
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How it looks on Jail View
[+] 810.09.2a · 26WAR000000 (ESCAMBIA COUNTY SHERIFF’S OFFICE) · TRESPASSING · F · M · $500.00 PROPERTY NOT STRUCTURE OR CONVEY
A case number containing WAR means the person was picked up on a warrant for the trespass, not arrested on the spot. Decode case numbers
Types of trespass in Florida
| Offense | Statute | Level | Maximum |
|---|---|---|---|
| Trespass on property other than a structure/conveyance (with notice) | 810.09(2)(a) | First-degree misdemeanor | 1 year, $1,000 |
| Trespass in a structure or conveyance (unoccupied) | 810.08(2)(a) | Second-degree misdemeanor | 60 days, $500 |
| Trespass in a structure/conveyance with a person inside | 810.08(2)(b) | First-degree misdemeanor | 1 year, $1,000 |
| Armed trespass (structure, conveyance or property) | Armed provisions of 810.08 / 810.09 | Third-degree felony | 5 years, $5,000 |
| Trespass on school grounds, construction sites, farms and other specially protected property | Various | Misdemeanor to felony | Varies |
“Trespass after warning” in Pensacola
Many trespass arrests follow a trespass warning. A business, landlord or property owner (often through a police officer) formally tells a person not to return. The warning is documented, and returning afterward is the basis for arrest. Notice can also come from “No Trespassing” signs or posted and painted boundaries meeting Florida’s posting rules.
Defenses often focus on whether proper notice was given, whether the person had permission or a right to be there, and whether the property was actually covered by the warning.
Bond and outcomes
Misdemeanor trespass usually carries a small scheduled bond (such as $500) and is handled in county court. Outcomes range from dismissal or diversion to fines, probation and short jail terms, often with a condition to stay away from the property.
What the State has to prove
For trespass on property (§810.09), prosecutors generally must show the person willfully entered or remained on property without authorization after notice against entering or remaining — given in person, by posted signs, or by fencing or paint marks that meet Florida’s posting rules. For trespass in a structure or conveyance (§810.08), they must show the person entered or stayed without permission, or refused to leave when told.
Getting a trespass warning lifted
A trespass warning issued at a business or apartment complex usually stays in effect until the property owner or manager withdraws it. If you need to return — for a job, school, housing or medical care — ask the property owner in writing, and ask the agency that issued the warning how its records are updated. Don’t go back until the warning has been withdrawn in writing.
Trespass cases after arrest
Misdemeanor trespass is filed in county court (case numbers with MM). Typical outcomes include dismissal when notice can’t be proven, diversion, a withhold of adjudication, or fines and probation with a stay-away condition. Repeat trespass at the same location can lead to jail time.
Frequently asked questions
Is trespassing a misdemeanor in Florida?
Usually. Trespass on property after notice, or in an unoccupied structure or conveyance, is a misdemeanor in Florida — generally first or second degree. It becomes a third-degree felony when the person is armed, and for some specially protected properties. Most trespass bookings carry a small scheduled bond.
What does PROPERTY NOT STRUCTURE OR CONVEY mean?
It means the alleged trespass was on land or property that isn’t a building (a structure) or a vehicle, boat or aircraft (a conveyance) — for example a fenced lot or parking area — under Florida Statute 810.09. Proper notice, such as a trespass warning or posted signs, is usually required.
General information, not legal advice.
Sources: Fla. Stat. §810.09 · §810.08