Florida/Georgia Personal Injury & Workers Compensation

...biting being in the park after hours); [12] for loitering and prowling in violation of Florida Statutes § 856.021 and Miami Code §§ 37-34 [13] and 35; [14] and for sleeping, sitting or standing in public buildings in violation of Florida Statutes § 810.08, .09 (prohibiting trespassing)....

...First, residential commitments provide DJJ the opportunity to rehabilitate juvenile offenders so they are not dangerous to themselves or others. Second, residential commitments separate offenders from society during the process of rehabilitation."). [6] See § 810.08(1), (2)(a), Fla....

...ot be eligible for parole for 50 years. On cross-examination, Stone testified that Gore's five life sentences boiled down to the equivalent of two consecutive life sentences, and that none of his sentences contain any minimum mandatory sentence. [9] § 810.08(1), (2)(c), Fla....

during the process of rehabilitation.”). . See § 810.08(1), (2)(a), Fla. Stat. (2005). . See § 810.02(l)(b)

...ance, or, having been authorized licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance." § 810.08(1), Fla....

...uded offenses and category 2 permissive lesser included offenses. There remains the question of whether I.T. and J.J. could be found guilty in the instant case of trespass in a conveyance as a permissive lesser included offense of grand theft. Under section 810.08, Florida Statutes (1993), whoever, without authorization, wilfully enters in a conveyance is guilty of trespass in a conveyance....

...include inoperable parts of those weapons, Mr. Mitchell's decision to retain his empty BB gun makes this case far more difficult for the state to prove. VI. ARMED TRESPASS The state charged Mr. Mitchell with two counts of armed trespass pursuant to section 810.08(2)(c), Florida Statutes (1993)....

...t the car was being driven without the owner's permission and had no knowledge it was stolen. During the jury charge conference at trial, the defendant requested that the trial court charge the jury on the lesser offense of trespass in a conveyance [§ 810.08(1), Fla....

...eft of a motor vehicle, sentenced him to five years in the state penitentiary, and ordered him to pay the complainant $866.24 in restitution. The defendant appeals. II This court has, in effect, held that the misdemeanor of trespass in a conveyance [§ 810.08(1), Fla....

...e of a right to the vehicle or a benefit from it, or (b) appropriate the motor vehicle to the accused's own use or to the use of any person not entitled to it. The lesser second-degree misdemeanor offense of trespass in a conveyance is proscribed by Section 810.08(1), Florida Statutes (1991), which provides as follows: "Whoever, without being authorized, licensed, or invited, willfully enters or remains in any ......

...Kent Spriggs, Tallahassee, for amicus curiae, NOW Legal Defense and Education Fund. ON REHEARING GRANTED SUNDBERG, Justice. This cause is a direct appeal from an order of the County Court for Leon County, Florida, upholding the constitutionality of section 810.08(1), Florida Statutes (Supp....

...The WATCH group thereafter reported the results of the "inspection" to the media and to TMH. Two days later, on March 8, 1977, appellants were charged with willfully entering "a structure or conveyance ... without being authorized, licensed, or invited," in violation of section 810.08(1), Florida Statutes (Supp. 1976), Florida's trespass statute. Appellants filed motions to dismiss the informations, alleging essentially that section 810.08(1) is unconstitutionally vague and overbroad....

...Downer and Cassidy were sentenced to sixty days in the county jail and fined $1,000 each. Cohen and Curtis were given thirty-day sentences and fined $500. Appellants have raised a plethora of issues on appeal, but only the following warrant extended discussion: (1) that section 810.08(1), Florida Statutes (Supp. 1976), is unconstitutionally vague and overbroad; (2) that the trial judge improperly excluded evidence which purportedly would have shown that appellants' prosecution constituted a selective enforcement of section 810.08(1); (3) that the trial judge should have granted appellants' motion for judgment of acquittal; (4) that the trial court erred in denying Cohen's motion for severance; and (5) that the admission into evidence of a photograph of Cohen an...

...d reversible error. For the following reasons we find these and the remaining issues raised by appellants to be without merit and, accordingly, we affirm their convictions and sentences. The initial issue for our consideration is the allegation that section 810.08(1), Florida Statutes (Supp....

...is warned to depart and refuses to do so, commits the offense of trespass in a structure or conveyance. Appellants' allegation of vagueness is based in part upon the fact that the words "authorized, licensed, or invited" are not expressly defined by section 810.08(1)....

...to enter. Finally, to "invite" is "to request [one's] presence." Webster's Third New International Dictionary (1961). The challenged terms reveal clearly that one who enters a structure absent an invitation or permission to do so is in violation of section 810.08(1), Florida Statutes (Supp....

...Rather, they assert that they were entitled to ignore these prohibitions with impunity because they were exercising certain first amendment rights. [3] Assuming, without deciding, that first amendment freedoms are involved, appellants' argument that section 810.08(1) impermissibly infringed upon their free exercise must fail nonetheless....

...he objectives of their protest. In contrast, appellants here contend that the trespass statute was enforced against them solely because they had been embroiled in controversy with TMH regarding several healthrelated issues. We are not persuaded that section 810.08(1) was selectively enforced against appellants....

...ence that unauthorized persons were permitted to enter the postpartum are of TMH with impunity. [4] Furthermore, the possible presence of vindictiveness on the part of TMH officials is immaterial to appellants' allegation of selective enforcement of section 810.08(1)....

...Because the state did not introduce evidence as to the identity of those who had placed the restrictive signs in the hospital, nor proof of their authorization to do so, it purportedly failed to establish a prima facie case. A related issue is appellants' assertion that the portion of section 810.08(1) under which they were charged is defectively vague — that the enactment fails to specify who possesses the power to extend or limit authorization to enter a structure....

...Gelson was available at trial for cross-examination with respect to her out-of-court identifications, the final point before us must fail. Accordingly, for the foregoing reasons, the order of the County Court for Leon County, Florida, upholding the constitutionality of section 810.08(1), Florida Statutes (Supp....

...NOTES [1] TMH has been renamed Tallahassee Memorial Regional Medical Center. In this opinion we will refer to the facility as Tallahassee Memorial Hospital (TMH), its name at the time of the offenses in question. [2] Appellants also contend that the portion of section 810.08(1), which relates to the failure of an authorized entrant to depart after warning, is vague....

...Thus section 812.015, Florida Statutes, did not provide a basis to detain them. The alleged legal authority at work in this case was the property owner's right to exclude the women from the quasi-public property for an appropriate reason after a warning. Section 810.08(1), Florida Statutes, [3] does not provide an absolute basis for the detention, since the warning had not yet been issued, although we agree that, implicitly, some detention may be necessary in order to issue the warning alluded to in that section....

...[2] The undisputed evidence in the record is that the actual faces in the photographs on the wall could not be identified, either from outside the swinging doors that gave access to an area not open to the public, or from the newspaper article and accompanying photograph of the wall. [3] Section 810.08(1) provides: Whoever, ......

...having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance. [4] We find additional general support for our view that section 810.08(1), Fla.Stat., does not provide an absolute basis for this detention in Chief Judge Griffin's comments in her dissenting opinion in L.K.B. v. State, 697 So.2d 191, 22 Fla. Law Weekly D1735 (Fla. 5th DCA, July 18, 1997), pertaining to the permissibility of a detention for purposes of issuing a trespass warning under section 810.09(1), Fla.Stat. Both sections 810.08(1) and 810.09(1) deal with trespass after warning, although 810.08 deals with trespass of a structure or conveyance, and 810.09 with trespass on property other than a structure or conveyance.

...e, with knowledge that it has been stolen, is insufficient to convict a person of theft under section 812.014. We agree, however, with the district court that G.C. can be adjudicated delinquent for the lesser offense of trespass to a conveyance. See § 810.08(1), Fla....

...[2] Although the district court held that G.C. could not be adjudicated delinquent for theft under § 812.014, Fla. Stat. (1987), it held that the adjudication of delinquency could properly be founded on the lesser-included offense of trespass to a conveyance. See § 810.08, Fla....

...ction was required. State v. Wimberly, 498 So.2d 929 (Fla. 1986). The state responds that the evidence did not support the requested instruction. Appellant apparently relies on the former schedule of lesser included offenses which lists "Trespass — 810.08(1) as to entering or remaining without authorization" as a category one, necessarily included offense of "Burglary — § 810.02." See Fla....

...The 1985 schedule fails to set forth the various burglary offenses which may or may not contain elements present in the trespass offenses. For example, burglary while armed, § 810.02(2)(b), may or may not include the elements of the structure being occupied or unoccupied, § 810.08(2)(a), (b); or, burglary with an assault or battery on a person, § 810.02(2)(a), may or may not include the use of a firearm or other dangerous weapon, § 810.02(3)....

...et aside the judgment and vacate the sentence as to the offense of burglary. The next question is whether or not the allegations in count 2 of the information herein were sufficient to allege a trespass in a structure or conveyance as a violation of section 810.08(1), Florida Statutes (1979). We hold that the allegation in count 2 of the information "without the consent of [the owner or custodian thereof]" was a sufficient allegational equivalent of the words "without being authorized, licensed, or invited" in section 810.08, Florida Statutes (1979), and that the word "willfully" as used in section 810.08(1), Florida Statutes, refers only to a general intent and does not constitute a separate essential element of trespass under that statute as to require specific allegations different in kind than the usual allegation charging burglary....

...t to enter or remain no different in kind from the willful act involved in the trespass statute. With these two interpretations of the statute, we find that the allegations in count 2 of the information herein are sufficient to allege a violation of section 810.08(1) of the Florida Statutes which is punishable as a second degree misdemeanor under section 810.08(2)(a)....

...s as the felony which was also charged in count 1. Accordingly the circuit court did have jurisdiction and the allegations and proof were sufficient to uphold a conviction of the defendant as to the offense of trespass in a structure in violation of section 810.08(2)(a), a misdemeanor of the second degree....

...2d DCA 1973). [3] For similar reasoning relating to the word "knowingly," see State v. Buffett, 397 So.2d 1060 (Fla. 2d DCA 1981). [4] The allegation in count 2 was not sufficient to allege a trespass which would be a misdemeanor of the first degree under section 810.08(2)(b) because count 2 did not allege that there was a human being in the structure at the time the offender trespassed as required by that subsection....

...Haugabrook; thus, the theft conviction cannot stand on this alternative basis. We must reverse the conviction for petit theft. Mr. Haugabrook was also charged with burglary of a dwelling; the jury returned a verdict of guilty to the lesser-included offense of trespass. To sustain a conviction for trespass pursuant to section 810.08, Florida Statutes (1999), the State must prove that a person "without being authorized, licensed, or invited, willfully enters or remains in any structure..., or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so." § 810.08(1)....

...ance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance. § 810.08(1), Fla....

...ation to enter the quasi-public parking lot of an open business. In *331 the context of trespass in a structure or a conveyance, a person who has been invited on the premises may be warned to depart. If he refuses to do so, he commits the crime. See § 810.08, Fla....

...That section would appear to require "actual communication" of the revoked invitation. See Corn, 332 So.2d at 8 (interpreting predecessor statute and noting that it could cover the situation where someone is causing a disturbance in a mall lobby and is asked to leave). Unlike section 810.08, section 810.09 does not specifically address the revocation of an invitation....

...that such a broad interpretation of this statutory concept ... can lead to bizarre, if not absurd, results"). In order to give effect to all of the statutory elements, and in view of the fact that unauthorized presence within a motor vehicle is already proscribed by another statute, § 810.08, Fla....

...(1987), by entering or remaining in the vehicle without the consent of the owner, and with the intent to commit an offense, namely, the theft of the vehicle. Because the theft charge fails, the burglary charge also must fail. Although the theft and burglary charges cannot be sustained, G.C.'s conduct violated section 810.08, Florida Statutes (1987), which prohibits trespass to a conveyance. That statute imposes a misdemeanor penalty on one who "without being authorized, licensed, or invited, willfully enters or remains in any ... conveyance... ." [3] Based on the allegations of the petition, and the proof at trial, the violation of section 810.08 is a lesser included offense of the burglary with which G.C....

...ot, without more, render him guilty of theft or burglary of a conveyance. We affirmed the adjudication of delinquency, however, on the basis that the record demonstrated G.C. had committed the lesser included offense of trespass to a conveyance. See § 810.08, Fla....

...See Linafelt, 745 So.2d at 389 ("However, the statement was true. Accordingly, appellant's claim for defamation must fail.") In its instructions to the jury, the trial court defined the criminal offenses of trespass of a structure, theft, and burglary. More specifically, pursuant to section 810.08, Florida Statutes (1995), the court instructed the jury that one was guilty of trespass of a structure "if she, without being authorized, licensed, or invited, willfully enters a structure." In the instant case, Reakes, herself, admitt...

...Congress has long since decided that federal defenses do not provide a basis for removal. Caterpillar, Inc. v. Williams, 482 U.S. 386, 398-99, 107 S.Ct. 2425, 2432-33, 96 L.Ed.2d 318 (1987). In this case, Plaintiff's Complaint raises a claim for trespass under § 810.08, Fla.Stat., and seeks an injunction to prevent future trespasses....

...rglary of an unoccupied structure because both offenses are third-degree felonies and carry the same penalty. We accordingly reverse the attempted burglary conviction and remand for a new trial on the necessarily included offense of simple trespass [§ 810.08(1), Fla....

...harged offense. We find no merit, however, in the defendant's remaining point on appeal. The defendant's conviction for attempted burglary is reversed, and the cause is remanded for a new trial on the necessarily included offense of simple trespass [§ 810.08(1), Fla....

...State, 43 So.3d 814, 815 (Fla. 1st DCA 2010). Both conditions are satisfied here. The elements of trespass are (1) the willful entry or remaining, (2) in a structure or conveyance of another, (3) without being authorized, licensed or invited to enter. § 810.08, Fla....

...pressed. The status of a police officer while stopping a person to issue a trespass warning is a surprisingly complex issue. See, e.g., J.M.C. v. State, 962 So.2d 960 (Fla.4th DCA 2007). As explained later in this opinion, because of the language in section 810.08(1), Florida Statutes (2006), we agree with the case law holding that a police officer conducts such a stop as an agent of the property owner....

...ance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance. § 810.08(1)....

...with the officers' requests to leave and actually depart the premises or (2) remain on the property, thereby authorizing the officers to arrest for a misdemeanor committed in their presence. Although this warning is often given by a police officer, section 810.08 provides that the owner, lessee, or a person authorized by an owner or lessee may give the warning....

...He then fell asleep on the couch. He testified that when he awoke and proceeded to leave the apartment, he encountered the police. After the presentation of evidence, defense counsel requested an instruction on the lesser-included offense of trespass. Henig requested that both section 810.08(2)(a), simple trespass, and 810.08(2)(b), trespass with a human being present, be included in the jury instructions. The judge denied the request to include 810.08(2)(a) as a lesser-included offense but included 810.08(2)(b)....

...od need and nature of request, and that with full understanding he denied the request). Although not a basis for reversal because Henig waived the error at trial, the trial court improperly instructed the jury on trespass with a human being present. Section 810.08(2)(b) provides that trespass becomes a first-degree misdemeanor if "there is a human being in the structure or conveyance at the time the offender trespassed." § 810.08(2)(b), Fla. Stat. (1999). Although the allegations in the information were sufficient for a charge of simple trespass under section 810.08(2)(a), the information did not specifically allege that there was a human being in the structure at the time of the trespass and, thus, not all of the statutory elements of the offense of trespass of an occupied structure were charged as required....

...d without the consent of (the owner)'" was sufficient to sustain a conviction for simple trespass. Id. at 543. In doing so, however, the court noted that the allegation in count II was not sufficient to allege first-degree misdemeanor trespass under 810.08(2)(b) because count II did not allege that there was a human being in the structure at the time the offender trespassed as required by that subsection....

...As in Rozier, the information in the instant case was not sufficient to support a conviction of a lesser offense of trespass with a human being present because the information did not allege that there was a human being in the dwelling at the time Henig trespassed as required by section 810.08(2)(b)....

...Stat.; Kirby v. State, 217 So.2d 619 (Fla. 4th DCA 1969). The fruits of a search incident to an unlawful arrest are to be excluded from evidence at trial. Sanders v. State, 385 So.2d 735 (Fla. 2d DCA 1980). The crime of trespass after warning is in section 810.08(1), Florida Statutes (1977)....

...673, 145 L.Ed.2d 570 (2000). On the facts here, a reasonable officer would have probable cause to believe that the passenger had participated in the theft of the car, see § 812.014(2)(c)6, Fla. Stat. (2001), [*] or at the least, trespass in a conveyance. See id. § 810.08; see also State v....

...Hot pursuit of a fleeing misdemeanant is permissible where the misdemeanor is punishable by a jail sentence. Id. at 98. The offense of trespass in a conveyance is a misdemeanor punishable by incarceration of sixty days or one year, depending on the circumstances. See § 810.08(2), Fla....

...pted burglary below. Nor can the new trial be conducted on attempted burglary because this offense, as indicated, is an improper lesser offense in this case. Therefore, the new trial must be conducted on the necessarily included offense of trespass [§ 810.08(1), Fla....

...willfully entered or remained in the "structure or conveyance" without being authorized, licensed, or invited; or 2) that having been authorized, licensed, or invited, D.R. was warned by the owner or lessee of the premises to depart and refused to do so. § 810.08, Fla....

...In order to find that appellant committed the delinquent act of trespass to a conveyance, the state had to prove that appellant willfully entered or remained in a conveyance without being authorized, licensed or invited by the owner or a person authorized to give permission. See § 810.08, Fla....

...This is because a police officer—under the trespass statute—may issue a trespass warning for unauthorized entrance into a structure, but does not have the legal authority to conduct an investigatory stop or arrest for trespass unless the owner or his agent first warned the potential trespasser. See § 810.08(1), Fla....

...2d DCA 2009) (stating that Florida's criminal trespass statute "requires that notice be given before a person can be guilty of trespassing on property," and that individuals "c[an] be legally detained for trespassing only if they were first warned to *835 leave the property"); see also Rodriguez, 29 So.3d at 310. Section 810.08(3), Florida Statutes (2006), which defines a "person authorized" to issue a trespass warning, authorizes a law enforcement officer, on behalf of a property owner, to warn a particular individual that he or she may not re-enter the structure or conveyance and doing so would constitute the criminal offense of trespass. [2] There is nothing in section 810.08(3) defining how an authorized person is to convey a trespass warning....

...United States, 371 U.S. 471, 487-88, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963)). We, accordingly, reverse the convictions for possession of the controlled substance Xanax and escape, and order Gestewitz to be discharged. Reversed. FARMER and DAMOORGIAN, JJ., concur. NOTES [1] Section 810.08(1) states: Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance. [2] Section 810.08(3), Florida Statutes (2006), states: As used in this section, the term "person authorized" means any owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owne...

...Jim Smith, Atty. Gen., Tallahassee and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee. RYDER, Chief Judge. In August of 1983, a petition for delinquency was filed charging that on July 12, 1983, M.J.S. committed trespass to a conveyance in violation of section 810.08, Florida Statutes (1983)....

with violating section 810.08, Florida Statutes (2012). A person violates section 810.08 by willfully entering

supported by competent, substantial evidence. Section 810.08(1), Fla. Stat. (2012), provides: “Whoever,

...asonable doubt that the defendant intended to commit an offense other than that of trespass, meaning the state must establish facts in addition to and apart from unlawful entry; otherwise, the offense would constitute only trespass, as proscribed by Section 810.08(1), Florida Statutes....

...Consequently, we certify the question as one of great public importance. ERVIN, MINER and WOLF, JJ., concur. NOTES [1] Section 810.02(1), Florida Statutes (1989), defines "burglary" as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein." [2] Section 810.08(1), Florida Statutes (1989), provides: "Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance." Trespass is a second-degree misdemeanor. Section 810.08(2)(a), Fla....

...The information in this case charged appellant with burglary of a conveyance with intent to commit theft. The evidence showed that appellant entered a parked vehicle with the intent to commit the offense of theft. Thus, trespass, defined as the willful entry or remaining in a structure or conveyance under section 810.08, Florida Statutes (1989), was a lesser-included offense of the crime charged in this case....

....02, Florida Statutes (1979) and Section 777.04, Florida Statutes (1979). A plea of denial was entered and the cause came on for hearing. At the conclusion of the hearing, the trial court reduced the charge to trespass of a structure in violation of Section 810.08, Florida Statutes (1979); found the appellant guilty, and entered the order appealed finding the appellant delinquent and remanding him to the custody of the Department of Health and Rehabilitative Services....

...of entry into the structure. While the appellant is correct in that there was no evidence to show that he had in fact entered the structure, there is sufficient competent evidence that he had committed the crime of attempted trespass in violation of Section 810.08 and 777.04(1), Florida Statutes (1979)....

...State, 397 So.2d 1120 (Fla. 1981). However, Krathy has requested that this court, upon reversal, direct the trial court to enter judgment and sentence on the offense of trespass, and we note that the evidence would support a conviction for trespass of an occupied structure, Section 810.08(2)(b)....

instructed to do so by an authorized person. See § 810.08(1), Fla. Stat. The racial references could have

...by the car's driver, who was in the car at the time. For this criminal episode, Johnson was convicted of aggravated assault, armed trespass, and grand theft of a firearm. Johnson appealed, claiming that his convictions for both armed trespass under section 810.08, Florida Statutes (1993), and grand theft of a firearm under section 812.014, Florida Statutes (1993), violated his constitutional right not to be placed in double jeopardy....

...The charge of armed trespass under chapter 810, Florida Statutes, entitled "Burglary and Trespass," provides that "[w]hoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or ... refuses to [depart], commits an offense of trespass in a structure or conveyance." § 810.08(1), Fla. Stat. (1993). Armed trespass requires proof that an offender is armed with a firearm or arms himself while in the structure or conveyance. Id. § 810.08(2)(c)....

...Scott, 576 So.2d 411 (Fla. 3d DCA 1991). [6] In this case, Glover testified that the check out time was 11:00 a.m. and that she and Leary were getting ready to check out (T. 31). The arrest report shows that Leary was arrested at 7:12 a.m. (R. 55). [7] § 810.08(2), Fla....

...ening under circumstances that might suggest that the vehicle had been stolen by someone. This evidence does not establish the offense of grand theft auto. As in G.C., we conclude that the evidence does support a finding of trespass in a conveyance. § 810.08(1), Fla....

...The information charges the petitioners did "then and there, without being authorized, licensed or invited, willfully enter a structure, to-wit: Tallahassee Memorial Hospital, located at 1300 Miccosukee Road and that another human being was in said structure at the time, contrary to Section 810.08, Florida Statutes." In answer to a request for a bill of particulars, the State responded: "The exact location within Tallahassee Memorial Hospital where the alleged trespass occurred: New-Born Nursery, 4th Floor and other areas marked for no admittance which defendants entered; Tallahassee Memorial Hospital, corner of Magnolia and Miccosukee, Tallahassee, Leon County, Florida." The petitioners were prosecuted under Section 810.08(1), Florida Statutes (Supp....

...(1979), which provides: "`Structure' means any building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof." The petitioners filed motions to dismiss the informations, alleging essentially that Section 810.08(1) is unconstitutionally vague and overbroad....

...Petitioners Downer and Cassidy were sentenced to sixty days in the county jail and fined $1,000 each. Petitioner Cohen was given a thirty-day sentence and fined $500. The petitioners then took a direct appeal of their convictions to the Florida Supreme Court. There, the court upheld the constitutionality of Section 810.08(1) and affirmed the petitioners' convictions in Downer v....

...We conclude that the challenged terms are of such common usage that persons of ordinary intelligence are fully able to determine what conduct is prohibited by the challenged enactment.... The challenged terms reveal clearly that one who enters a structure absent an invitation or permission to do so is in violation of Section 810.08(1), Florida Statutes (Supp.1976)....

...Harriss, 347 U.S. 612, 74 S.Ct. 808, 98 L.Ed. 989 (1954); Williams v. United States, 341 U.S. 97, 71 S.Ct. 576, 95 L.Ed. 774 (1951). The Florida trespass statute at issue in the case now before this court does not suffer from this defect. The language in Section 810.08(1) is not vague; in fact, it is remarkably specific....

...their conduct. The relevant part of the statute under which they were prosecuted says that "[w]hoever, without being authorized, licensed, or invited, willfully enters ... any structure ... commits the offense of trespass in a structure." Fla.Stat. § 810.08(1) (Supp.1976) (emphasis added)....

...v. State, 353 So.2d 645 (Fla. 3rd DCA 1977); Hornsby v. State, 352 So.2d 954 (Fla. 1st DCA 1976); Minor v. State, 329 So.2d 30 (Fla. 2nd DCA 1976); Evanco v. State, 318 So.2d 535 (Fla. 1st DCA 1975). When the lack of such a warning construction of Section 810.08(1) or its forerunners is considered in conjunction with the narrow and precise language in that statute, it is plain that due process forbids the application of a subsequent, unforeseeable interpretation of statutory language to make criminal the conduct engaged in by the petitioners. Of course, now that the Florida Supreme Court has announced that Section 810.08(1) contemplates the prohibition of an unauthorized entry into a particular part of a structure otherwise legally entered, there is no reason that the State cannot so apply the statute in the future....

...219, 176 So. 89, 112 A.L.R. 1013 (1937) (due process requires allegations of every material fact an essential element of offense charged with precision and certainty.) The same problem is involved with the defendant's conviction of trespass while armed (§ 810.08(2)(c)) under the charge in count three of burglary of a conveyance with an assault therein (§ 810.02(2)(a)) in that an essential constituent element of the offense of trespass while armed (§ 810.08(2)(c)) is that the offender is armed with a firearm or other dangerous weapon, or arms himself with such while committing a trespass in a structure or conveyance, and the charge in count three totally fails to contain any allegation that the defendant was armed with a firearm or other dangerous weapon. Trespass while armed (§ 810.08(2)(c)) is not a necessarily lesser included offense of burglary with an assault (§ 810.02(2)(a)) and count three did not contain the additional allegation necessary to make it a permissive included offense of the offense alleged in that count....

...e first degree, punishable as provided in s. 775.082 or s. 775.083. Upon a third or subsequent conviction for petit theft, the offender shall be guilty of a felony of the third degree, punishable as provided in ss. 775.082, 775.083, and 775.084. [4] § 810.08, Fla....

...le cause to arrest the defendant for an independent charge. Blanding v. State, 446 So.2d 1135 (Fla. 3rd DCA 1984). [1] In the instant case, it is apparent from the record that the officers had probable cause to arrest the defendant for trespass. See § 810.08(1), Fla....

...ined as to grand theft. M.F. v. State, 549 So.2d 225 (Fla. 3d DCA 1989); E.L.S. v. State, 547 So.2d 298 (Fla. 3d DCA 1989). However, the evidence establishes that M.F. committed the lesser included offense of trespass to a conveyance in violation of section 810.08, Florida Statutes (1987)....

therein. Compare § 810.02, Fla. Stat. (2010), with § 810.08, Fla. Stat. (2010). Here, the State charged the

...After a bench trial, the trial court found L.F. guilty, as charged, of criminal mischief and obstructing or opposing an officer without violence. As to the grand theft charge, the trial court found L.F. guilty of the lesser included offense of trespass in a conveyance, in violation of section 810.08(1), Florida Statutes (1993)....

...This defendant had taken great measures to ensure his privacy; the house was surrounded by barriers obstructing a view of the property. This enclosed area constitutes curtilage that falls under the *884 same constitutional protections as the residence it surrounds. [1] Section 810.08(1), Florida Statutes (2008), specifies that an unauthorized entry into a "structure" is a trespass and a second-degree misdemeanor....

...NOTES [1] Section 806.13(1), Florida Statutes (1981), Criminal Mischief, provides: A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another. In contrast, section 810.08(1), Florida Statutes (1981), Trespass in structure or conveyance, provides: Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or i...

lesser-included offense of trespass in a conveyance under section 810.08, Florida Statutes (2010). See D.L. v. State

...all may be placed on the users of such Mall ... We find that one such reasonable restriction is that the invited guests will not steal from the host. When such a guest is found to have done so, the implied invitation may be revoked as to that guest. Section 810.08, Florida Statutes (1991), permits the owner to withdraw that consent — even orally — and places no time restrictions on the withdrawn invitation....

...al establishing all of the elements.'" (quoting Wimberly v. State, 697 So.2d 1272, 1273 (Fla. 4th DCA 1997) (emphasis added)). Trespass is defined as "the willful entry or remaining in a structure or conveyance[.]" Thomas, 591 So.2d at 260; see also § 810.08(1), Fla....

...In the instant case, it was undisputed that Freeman and others were standing in front of an abandoned apartment building. Thus, Freeman's conduct can be characterized as trespass in a structure or conveyance only if the area surrounding the building is considered "curtilage." See §§ 810.011(1), 810.08(1), Fla....

...See L.K.B. v. State, 677 So.2d 925 (Fla. 5th DCA 1996). Here, the State failed to present evidence that the area in front of the abandoned apartment building was enclosed in any manner. Accordingly, we reverse Freeman's conviction for violation of section 810.08(1), trespass in a structure or conveyance....

...entered the apartment with the intent to commit an offense therein. In my view, the State did not carry its burden as to the intent element. M.E.R. acknowledges, and I agree, that the evidence is sufficient to show that M.E.R. committed a trespass. See § 810.08....

...rent. Because the State failed to meet its burden, the trial court should have granted Acord's motion for judgment of acquittal following the State's case. Similarly, the evidence did not prove a prima facie case of trespass. To prove trespass under section 810.08(1), Florida Statutes (2001), the State needed to show that Acord, "without being authorized, licensed, or invited, willfully enter[ed] or remain[ed] in any structure." Because the State did not prove that Acord was aware that Huffor di...

...quency was affirmed and the order of commitment was amended to reflect the finding that the juvenile had committed the offense of trespass). AFFIRM as modified. W. SHARP, GRIFFIN and THOMPSON, JJ., concur. NOTES [1] § 810.02, Fla. Stat. (1992). [2] § 810.08, Fla....

...convicted does not now prevent him from raising the issue on appeal, because the error complained of is fundamental. In 1974, the legislature enacted the Florida Criminal Code which became effective July 1, 1975. This legislation, inter alia created Section 810.08, Florida Statutes (1975), "Trespass in Structure or Conveyance", which provides, in part: "A person trespasses if he wilfully enters any structure or conveyance of another without being authorized, licensed, or invited." The offense is...

...." The judgment appealed is reversed with directions that Hornsby be discharged. BOYER and SMITH, JJ., concur. NOTES [1] The instruction on trespass, which was read to Hornsby's jury, is substantially similar to the standard jury instruction corresponding to Section 810.08, Fla....

...The issue presented is whether the officers had reasonable suspicion to support the stop. The trial court justified the stop by concluding that the officers reasonably suspected Graham to have committed a trespass. The crime of trespass of a structure is defined in section 810.08 as follows: (1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or...

...1st DCA 1990) (citing Blanding v. State, 446 So.2d 1135 (Fla. 3d DCA 1984)). In the instant case, the undisputed facts and Plaintiff's own admissions demonstrate that the officers had probable cause to arrest Mitchell Epstein for trespass, in violation of Florida Statute § 810.08(1)....

for trespass of a structure or conveyance. See § 810.08, Fla. Stat. (2014). We have jurisdiction, Fla

conveyance requires that the trespass be willful. See § 810.08(1), Fla. Stat. (2016) ; A.L.H., 205 So.3d at 783

the accused entered the property “willfully.” § 810.08. There is no evidence in this record to suggest

...(2004); burglary of a conveyance, § 810.02(4)(b); and trespass on property other than a structure or conveyance, § 810.09(1)(a), (2)(a). Pursuant to a negotiated plea agreement, the State nol prossed the grand theft charge, and G.C. pleaded no contest to trespass in a conveyance, § 810.08(1), as a lesser of the burglary charge, and trespass on property....

...`but for' causation requirement and a `significant relationship' requirement." Schuette v. State, 822 So.2d 1275, 1282 (Fla.2002). By pleading no contest to trespass, G.C. admitted only to entering or remaining in the vehicle without permission. See § 810.08(1)....

offense of trespass in a structure or conveyance. § 810.08, Fla. Stat. (2005). The second count of the amended

remaining in the vehicle without permission. See § 810.08(1). He did not admit to grand theft, and in the

...The state responds that the trial court had before it sufficient evidence to permit it to reasonably conclude that the respondent, whether or not a party to the original theft of the auto in which he was a passenger, was aware that he was present in the conveyance of another without permission, a violation of section 810.08, Florida Statutes (1989), which prohibits trespass to a conveyance....

AFFIRMED. COBB, GRIFFIN and THOMPSON, JJ., concur. . § 810.08(2)(b), Fla.Stat. (1991).

withholding adjudication for violation of section 810.08(2)(a), Florida Statutes (1991). We have jurisdiction

committing the offense at issue here is sixty days. See § 810.08(2)(a), Fla.Stat. (1983); § 775.-082(4)(b), Fla

AFFIRMED. PETERSON and THOMPSON, JJ., concur. . § 810.08, Fla. Slat. (1995) . § 827.04(3), Fla. Slat

for trespass of a structure or conveyance. See § 810.08, Fla. Stat. (2014). We have jurisdiction, Fla

CURIAM. Affirmed. An arrest for trespass under Section 810.08(1), Florida Statutes (1977), as for other cases

to trespass of a structure in violation of Section 810.08, Florida Statutes (1979); found the appellant

conveyance requires that the trespass be willful. See § 810.08(1), Fla. Stat. (2016); A.L.H., 205 So. 3d at 783

to trespass of a conveyance in violation of section 810.08, Florida Statutes. Accordingly, we remand this

...state had to prove that A.H. “willfully entered or remained in a conveyance without being authorized, licensed or invited by the owner or a person authorized to give permission.” R.M. v. State, 763 So. 2d 1060, 1061 (Fla. 4th DCA 1999); see also § 810.08, Fla....

to show that M.E.R. committed a trespass. See § 810.08. Therefore, I would reverse the disposition order

lesser offense of trespass to a conveyance. See § 810.08(1), Fla.Stat. (1987). Thus, we approve G.C. [v

13.3 TRESPASS - IN STRUCTURE OR CONVEYANCE § 810.08, Fla. Stat. To prove the crime of Trespass

modified. HARRIS and PETERSON, JJ., concur. . § 810.08(2)(b), Fla.Stat. (1989). . § 775.082(4)(a),

1981) (explaining that “willfully” as used in section 810.08(1), Florida Statutes (1979) “refers to a general

pleaded no contest to trespass in a conveyance, § 810.08(1), as a lesser of the burglary charge, and trespass

...d, was committing, or was about to commit a crime, namely that Appellant had trespassed by entering a building in the “Board and Secure” program that had displayed a “No Trespassing” sign. As the investigatory stop was not unlawful, we 2See § 810.08(1), Fla....

county court by information with violation of section 810.08(1), Florida Statutes (1993), the general trespass

lesser included offense of grand theft. Under section 810.08, Florida Statutes (1993), whoever, without

the lower court. Although trespassing under section 810.08(2)(b) is a first-degree misdemeanor punishable

of the premises to depart and refused to do so. § 810.08, Fla. Stat. (1997); State v. Jackson, 281 So.2d

a conveyance, a second-degree misdemeanor. See § 810.08, Fla. Stat. (2016). However, the disposition order

conveyance, a second-degree misdemeanor. See § 810.08, Fla. Stat. (2016). However, the disposition order

a conveyance, a second-degree misdemeanor. See § 810.08, Fla. Stat. (2016). However, the disposition order

of trespass in a conveyance, in violation of section 810.08(1), Florida Statutes (1993). Trespass in a

offense of trespass in a structure or conveyance. § 810.08, Fla. Stat. (1999). The question is whether Gruver

did prove the crime of trespass in a structure. § 810.08(2)(a), Fla. Stat. (1997). We remand with directions

based on burglary be reduced to trespass under section 810.08(1), Florida Statutes (1981). See Krathy v.

Fla.Stat. (1981) (trespass on nursery stock); § 810.08, Fla.Stat. (1981) (trespass in a structure or

was guilty of trespass of a conveyance under Section 810.08(1), Florida Statutes, which was a necessarily

...The STATE of Florida, Appellee. No. 3D09-2552. District Court of Appeal of Florida, Third District. May 12, 2010. C.G., a juvenile, in proper person. Bill McCollum, Attorney General, for appellee. Before GERSTEN, SHEPHERD, and CORTIÑAS, JJ. PER CURIAM. Affirmed. See § 810.08(1), Fla....

PER CURIAM. Affirmed. See § 810.08(1), Fla. Stat. (2009); Rozier v. State, 402 So.2d 539, 542-43 (Fla

See G.C. v. State, 560 So.2d 1186 (Fla.1990) § 810.08, Fla. Stat. (1989). Affirmed.

consent, an element of the offense of trespass. § 810.08(1), Fla. Stat. (1995); Jones v. State, 666 So

the court that the appellant violated both Section 810.08, Florida Statutes (1977), and condition (4)

commits the offense of trespass in a structure.... § 810.08(1), Fla. Stat. (Supp.1976). The court concluded

812.014, and did not allege trespass under section 810.08, Florida Statutes (1999). See I.T. v. State

its burden of proving the crime of trespass. Section 810.08 of the Florida Statutes (2006), defines the

returning to potential review of all PCA cases. . Section 810.08(2)(c), Florida Statutes (1991) provides that

in a structure or conveyance in violation of section 810.08, Florida Statutes (Supp.1976). The appellants

...Furthermore, the primary decision relied on by the district court, Downer v. State, 375 So.2d 840 (Fla.1979), is not applicable to the current language of section 810.097(2). In Downer, we reviewed several convictions for trespassing in a structure or conveyance in violation of section 810.08, Florida Statutes (Supp.1976)....

...orization to do so, it purportedly failed to establish a prima facie case." Downer, 375 So.2d at 845. We rejected that argument, concluding that the identity and authority of the persons who had restricted access to the property were not elements of section 810.08....

...the public facility in question."). Importantly, however, the language of the statute that was at issue in Downer was materially distinguishable from that of the statute we reviewed in Dye. At the time of Downer's conviction, the relevant portion of section 810.08 stated: Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance or, having been authorized, licensed, or invited is warned to depart and refuses to do so, commits the offense of trespass in a structure or conveyance. § 810.08(1), Fla. Stat. (Supp.1976). In contrast to section 810.09(2), Florida Statutes (1975), which we addressed in Dye, section 810.08 did not state that the offender must have been warned to leave by the owner of the property or a person authorized by the owner....

...(2010) ("If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person . . . the offender commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083."). [4] However, we note that section 810.08 was amended shortly after Downer's conviction....

...The amended version of the statute stated, and continues to require, that a person who has been authorized, licensed, or invited to enter or remain on the property must be warned to leave "by the owner or lessee of the premises, or by a person authorized by the owner or lessee." See Ch. 77-132, § 33, Laws of Fla.; see also 810.08(1), Fla....

support a finding of trespass in a conveyance. § 810.08(1), Fla.Stat. (1993). That offense is not a category

another without permission, a violation of section 810.08, Florida Statutes (1989), which prohibits trespass

remaining in the vehicle without permission. See § 810.08(1). He did not admit to grand theft, and in the

of a structure or conveyance in violation of section 810.08, Florida Statutes (2002). Appellant argues

JJ., concur. . § 810.02, Fla.Stat. (1992). . § 810.08, Fla.Stat. (1992).

the consent involuntary and I would REVERSE. . § 810.08(1) Fla.Stat.1989. . Neither the authority of

deals with section 810.097(2). Downer concerned section 810.08(1), Florida Statutes, the general provision

...does not support its interpretation of section 810.097(2). The Third District cited Downer v. State, 375 So.2d 840 (Fla.1979), and R.C.W. v. State, 507 So.2d 700, 701-02 (Fla. 1st DCA 1987), as support. However, neither case deals with section 810.097(2). Downer concerned section 810.08(1), Florida Statutes, the general provision governing trespass in a structure or conveyance. In interpreting section 810.08(1), the Supreme Court stated it did not believe "that the identity and authority of those who have withheld permission to enter certain portions of a public facility are elements of the trespass statute." 375 So.2d at 845. It went on to state that under section 810.08(1), [i]t is sufficient if the prosecutor establishes that the defendant was on notice that he was not authorized to enter the portion of the public building in which the alleged trespass occurred....

...portion of the public facility in question. Id. at 845-46. However, Downer may be distinguished from the instant case as it is not necessary to show an individual in a position of authority ordered the defendant to leave to establish the elements of section 810.08(1). As the Supreme Court stated, section 810.08(1) is satisfied so long as the defendant receives notice that he or she is trespassing; it does not require that such notice come from an authorized individual. This is in stark contrast to section 810.097(2), which hinges entirely upon the principal or his/her designee ordering the defendant to leave. Unlike section 810.08(1), the language of section 810.097(2) requires that a particular authorized individual be involved for a violation to be found....

misdemeanors when, pursuant to the provisions of section 810.08(2)(a), Florida Statutes, the trespass offenses

trespass of an occupied conveyance pursuant to section 810.08(2)(b), Florida Statutes (1985). We agree. The

or a person authorized to give permission. See § 810.08, Fla. Stat. (1997). The facts of the case are

or remained in a structure or conveyance. See § 810.08(1), Fla. Stat. (2010). Entry into a structure

vehicle is already proscribed by another statute, § 810.08, Fla. Stat. (1987), we conclude that the theft

offense of trespass to a conveyance as defined in section 810.08, Florida Statutes (1987). Affirmed as modified

lesser offense of trespass to a conveyance. See § 810.08(1), Fla.Stat. (1987). Thus, we approve G.C. and

Affirmed. CASANUEVA and BLACK, JJ., Concur. . § 810.08(1), Fla. Stat. (2011). . After Mr. Tluczek’s

2011. 13.3 TRESPASS — IN STRUCTURE OR CONVEYANCE § 810.08, Fla. Stat. To prove the crime of Trespass in

property belonging to another. In contrast, section 810.08(1), Florida Statutes (1981), Trespass in structure

punishable by no more than one year in jail. § 810.08(2)(b), Fla. Stat. (1999); § 775.082(4)(a), Fla

count of the lesser included offense of trespass. § 810.-08, Fla.Stat. (1985). The burglary convictions are

trespass in a structure . . . . § 810.08(1), Fla. Stat. (Supp. 1976). The court

statutes that protect personal property. See, e.g., § 810.08, Fla. Stat. (2020) (prohibiting trespass in a

have considered (trespass of a structure, see section 810.08) would also have required proof that the "structure"

have considered (trespass of a structure, see section 810.08) would also have required proof that the “structure”

provided in s. 775.082, s.775.083." Similarly, section 810.08(1), Florida Statutes, provides that "[w]hoever

or conveyance, a first degree misdemeanor. See § 810.08(1),(2)(b), Fla. Stat. (1997). D.E. was tried and

...D.E., along with a male and female, were discovered by officers sleeping in a vehicle that had been reported stolen the previous night. D.E. was arrested and charged with trespass in an occupied structure or conveyance, a first degree misdemeanor. See § 810.08(1),(2)(b), Fla. Stat. (1997). D.E. was tried and adjudicated delinquent of the charge. This appeal followed. Section 810.08(1), (2)(b), Florida Statutes provides in pertinent part: (1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance ......

...was found in the vehicle with two other "human beings" at the time the vehicle was discovered, the vehicle was "occupied" as provided in the statute, and thus, was sufficient to elevate the charge to trespass to an occupied conveyance. We disagree. A plain reading of Section 810.08(1), (2)(b), the trespass statute, indicates an obvious intent by the legislature to protect owners or innocent victims who happen to be *1270 occupying a conveyance when an offender trespasses....

Other Than Structure or Conveyance, instead of Section 810.08, Trespass in Structure or Conveyance) did not

...open-air parking lot, and thus, no reasonable jury should have found him guilty of trespass in a structure or conveyance. The trial court denied the motion. Ruiz appeals, and the State concedes error. Ruiz was charged with and convicted of violating section 810.08(1), Florida Statutes (2006), entitled "Trespass in structure or conveyance," which provides in pertinent part that "[w]hoever, ......

...State, 206 So.2d 377 (Fla. 1968). Here, the information charging grand theft of a motor vehicle did not allege one of the statutory elements of trespass in a conveyance — that *332 the defendant wilfully entered or remained in the complainant's motor vehicle. § 810.08(1), Fla....

§ 806.13(1)(a) and (b)2, Fla.Stat. (1991). . § 810.08, Fla.Stat. (1991). . Richardson v. State, 246

guilty of trespass in a conveyance pursuant to section 810.08, Florida Statutes. Appealing the order of disposition

committed trespass to a conveyance in violation of section 810.08, Florida Statutes (1983). M.J.S. filed a motion

bail bond agent or bail bond enforcement agent”); § 810.08(2)(c), Fla. Stat. (authorizing a property owner

court, sixth judicial circuit, which held that section 810.08, Florida Statutes (1977) was constitutional

will reflect that he pled to a violation of section 810.08(2)(c), Florida Statutes, being the offense

of trespass to a conveyance in violation of section 810.08, Florida Statutes (1987). G.C. v. State, 560

place where he could not legally retrieve it. See § 810.08, Fla. Stat. (2000) (making it a second-degree

charged, E.C. had to have entered a "structure." § 810.08(1), Fla. Stat. (2016). A "structure" is defined

charged, E.C. had to have entered a “structure.” § 810.08(1), Fla. Stat (2016). A “structure” is defined

trespass, which in most instances is a misdemeanor. § 810.08, Fla. Stat. (2017). Appellant also pleaded no