What Is Criminal Trespass in Florida?

Criminal trespass in Florida is the crime committed when someone enters or remains on another's property without permission, even if there are signs or spoken instructions to leave the property. Florida Statutes §810.08 and §810.09 outline the various ways in which the law enumerates the distinctions about the trespass of structures, conveyances (vehicles), and land. To put it differently, trespass on a property is criminal in nature if a person remains on the land or property after being told to leave verbally or without permission, or if the property has signs with “No Trespassing” or that indicate no access.

Intent is crucial in these types of cases. The prosecution must prove the individual knew or should have known they were trespassing. For example, entering a fenced backyard, accessing a business after hours, or disregarding an owner’s instructions are all potential trespass scenarios. The offense’s seriousness hinges on the nature of the property and whether the trespasser had a weapon or caused harm while on the property.

How to Look Up Public Criminal Trespass Records in Florida

To look up public criminal trespass records in Florida, start with the Florida Courts’ online system or the local Clerk of Court’s website in the county where the case was filed. Each county, such as Miami-Dade, Broward, or Hillsborough, maintains a searchable online database of criminal cases. Interested persons may search by name, case number, or citation. Most of these searches are free, though certified copies or detailed reports may require a small fee.

When a search is unsuccessful online, interested persons may visit the county courthouse in person to request access to public records. They should keep in mind that sealed or expunged cases will not appear in public searches, as those records are legally hidden from view under Florida’s privacy laws.

Types of Criminal Trespass Offenses

Florida law identifies different types of criminal trespass offenses based on where and how the trespass occurs. According to Florida Statutes §810.08 and §810.09, these offenses may vary from minor misdemeanors to serious felonies.

Trespassing on a structure or vehicle, such as a home, building, or car, is typically a second-degree misdemeanor. This may lead to a penalty of up to 60 days in jail and fines. If the person is armed with a weapon or firearm during the trespass, the charge may escalate to a third-degree felony, which carries a potential prison sentence of up to five years. Trespassing on land that is posted or fenced without permission usually results in a misdemeanor as well. However, entering places like school grounds, construction sites, or agricultural lands may result in stiffer penalties.

These categories highlight that criminal trespass varies in severity. For more details on how trespassing fits within broader crime categories, you may check the different types of crimes recognized under Florida law.

Penalties for Criminal Trespass in Florida

The penalties for criminal trespass in Florida vary based on where the trespass happened, the person’s intent, and whether any aggravating factors were present. Generally, trespass is a misdemeanor. However, it may become a felony under certain circumstances.

A basic trespass on private property, a building, or a vehicle without permission is a second-degree misdemeanor. This may lead to up to 60 days in jail and a $500 fine. If the person ignores a previous warning, re-enters after being told to leave, or trespasses at night, the courts may consider this more seriously. If someone carries a weapon or firearm during the trespass, the charge becomes a third-degree felony. This may result in up to five years in prison and $5,000 fine. Trespassing on school property or in designated construction zones may also result in stiffer penalties due to safety concerns.

Here is a quick breakdown:

Can You Be Arrested for Criminal Trespass in Florida?

Yes. In most cases, criminal trespass is an offense that may lead to arrest in Florida. Law enforcement officers may arrest someone if they catch them entering or staying on private property without permission. Even if the person has left, officers may still make an arrest later if there is enough evidence, like surveillance video, photographs, or witness statements showing the unlawful entry.

Since trespassing involves breaking a property owner’s rights, Florida law allows officers to take immediate action to remove or detain the individual. Depending on the situation, such as ignoring warnings, trespassing at night, or being armed, the charges and potential penalties may quickly become more serious.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Florida

While criminal trespass in Florida and burglary both involve entering property without permission, the key difference is intent. Trespass means a person being somewhere they are not allowed to be without necessarily planning to commit another crime. Burglary, on the other hand, requires the intention to commit an offense inside, such as theft or vandalism.

Florida law (under §810.02) defines burglary explicitly as entering a structure, dwelling, or conveyance to commit another crime once inside. In Florida, forced entry is not required for a burglary charge; entering through an unlocked door with criminal intent still qualifies. However, Florida law does not explicitly use the term breaking and entering to describe an offense.

Here is a comparison:

Can a Criminal Trespass Charge Be Dismissed or Reduced in Florida?

Yes, a criminal trespass charge in Florida may often be dismissed, reduced, or resolved through alternative programs, especially for first-time offenders or when the incident caused no harm or damage. Prosecutors may agree to lower the charge to a lesser offense, like disorderly conduct, or offer a plea deal that avoids jail time.

Many counties in Florida also have pretrial diversion programs. These programs allow eligible defendants to complete community service, counseling, or restitution in exchange for having their charges dropped after finishing the program. In some cases, a deferred adjudication may be offered, which means the court does not issue a formal conviction if the defendant meets certain conditions.

Even if the case leads to a conviction, individuals may later be able to seal or expunge their record. This action would keep most employers or landlords from seeing it. The availability of these options depends on the person’s criminal history, the nature of the trespass, and the prosecutor’s decision.

Will a Florida Criminal Trespass Charge Stay on Your Record?

A criminal trespass charge in Florida may stay on a person’s record forever unless it is officially sealed or removed. Like other criminal offenses, trespass cases become part of the state’s public court record and may show up on background checks done by employers, landlords, or licensing agencies. Even if the charge did not lead to a conviction, the arrest record and court filing may still be visible.

However, if a trespass case is dismissed, resolved through a diversion program, or ends with a withheld adjudication, the individual may qualify to seal or remove the record. Once an expungement is granted, the case is no longer visible to the public and cannot be accessed by most private entities.

According to Florida law, a person usually qualifies for record sealing or expungement if they were acquitted and have no prior criminal record. These legal options help individuals move on without the long-term effects of a minor offense appearing on their record.

Expungement or Record Sealing Options in Florida

Florida law allows certain criminal trespass charges to be sealed or erased, depending on how the case was resolved. The state makes a distinction between sealing and expungement. Sealing limits public access to the record but permits some government agencies to see it, while expungement completely removes the record from public and most official databases.

A criminal trespass case may usually be sealed or erased only if there was no conviction. This includes cases where the charge was dismissed, settled through a diversion program, or ended with a withheld adjudication. Individuals who were found guilty or who pleaded guilty and received a conviction typically do not qualify for either option.