Florida law defines trespass in the following manner:
1) Whoever without authorization or license or invitation
2) willfully enters or remains
3) on any structure or conveyance,
OR
4) without authorization or license or invitation
5) is warned by owner or lessee or person authorized by owner or lessee
6) to depart, and
7) refuses to do so without being authorized, licensed or invited
Commits the crime of trespass.
Trespass is a second-degree misdemeanor, punishable by a maximum of 60
days in jail.
If there is a human being in the structure or conveyance at the time the
offender trespassed, the crime becomes a first-degree misdemeanor punishable
by up to 364 days in jail.
Accused trespassers can either be issued a promise to appear (PTA) or be
physically arrested.
Penalties range from Pretrial Diversion (PTD) all the way up to jail.
Trespass is an intentional crime. That is, the State must prove intent
on the part of the accused. That is, the State must prove that the accused
intentionally and knowingly entered the property of another without permission.
Trespass while armed is a felony. If charged with a
burglary offense, trespass is a lesser-included charge.
I practice
criminal defense in Miami-Dade County. If you or someone you know is facing a trespass charge,
call me. Criminal charges are serious, and if not properly addressed, they can
leave you with fines, court costs, and a criminal record.