What is Trespass in a Conveyance in Florida?

May 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, trespass in a conveyance is a very serious criminal offense. This article will discuss the offense of trespass in a conveyance under Florida law, define what constitutes a conveyance in Florida, and examine case law and defenses to the charge.

Trespass in a conveyance in Florida is defined as willfully entering or remaining in a conveyance without authorization, license, or invitation. The criminal offense of trespass in a conveyance is regulated by Fla. Stat. Section 810.08. 

The Florida Bar’s standard jury instructions for trespass in a conveyance note that to be proven guilty beyond a reasonable doubt of the offense, the State must establish the following:

• The defendant willfully entered or remained in a conveyance
• The conveyance was owned by or in the lawful possession of another
• The defendant’s entry or remaining in the conveyance was without authorization, license, or invitation by any person authorized to give that permission. Dagerath v. State, 100 So.3d 1260 (Fla. 4th DCA 2012)

Fla. Stat. Section 810.011(3) defines a conveyance as any of the following:

• Motor vehicle
• Ship or vessel
• Railroad vehicle or car (train)
• Trailer
• Aircraft
• Sleeping car 

Trespass of a conveyance is typically considered a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. However, it is an enhanceable offense.

If another person is located in the conveyance at the time the defendant trespassed, attempted to trespass, or was located in the conveyance without authorization, license, or invitation, trespass in a conveyance becomes a first-degree misdemeanor. This is punishable by up to 1 year in jail and a $1,000 fine.

If someone trespasses in a conveyance is armed with a firearm or other dangerous weapon, or arms himself with one of these while in the conveyance, the trespass in a conveyance becomes a third-degree felony. A third-degree felony is punishable by up to 5 years in jail and a $5,000 fine.

When armed trespass in a conveyance occurs under Fla. Stat. Section 810.08(3), the owner has the right to take into custody and detain, for a reasonable length of time, any person that he or she reasonably believes is committing the offense within their conveyance.

If law enforcement as called “as soon as is practicable” after the alleged armed trespasser is taken into custody, a person who detains an armed trespasser in a conveyance is not liable under Florida law for:

• False arrest
• False imprisonment, or
• Unlawful detention

A key element of proving trespass in a conveyance is establishing willful entry or remaining in a conveyance without the authorization, license, or permission of the owner. If the willfulness of the trespass is not established beyond a reasonable doubt, someone’s conviction may be reversed as a matter of law. A.H. v. State, 151 So.3d 48 (Fla. 4th DCA 2014) 

The application of trespass laws to conveyances is further clarified in the context of burglary statutes. Burglary of a conveyance and trespass in a conveyance are legally similar offenses – and trespass in a conveyance is generally classified as a “lesser-included offense” of burglary in a conveyance.

The difference between burglary of a conveyance and trespass in a conveyance is that burglary involves a trespass in a conveyance with the intent to commit a separate crime once inside the conveyance. State v. Hankins, 376 So.2d 285 (Fla. 5th DCA 1979). 

For the purposes of applying the statute, Florida’s courts have held that a mobile home is not considered a conveyance if it is fixed to the ground or used as a dwelling. Id. 

A golf cart, if capable of moving over 20 miles an hour, qualifies as a conveyance. Angelotta v. Security Nat. Ins. Co., 117 So.3d 1214 (Fla. 5th DCA 2013). However, heavy construction equipment does not qualify as a conveyance. M.J.S. v. State, 453 So.2d 870 (Fla 2d. DCA 1984). Bicycles also do not qualify. A.M. v. State, 678 So.2d 914 (Fla. 1st DCA 1996) 

Defenses to trespass in a conveyance may include:

• Consent by the owner for the defendant to be within the conveyance
• Lack of intent (no willful entry without permission) 
• The conveyance was abandoned (no ownership)
• Emergency or necessity (depending on the circumstances)
• Lawful authority or job duties, such as law enforcement, security, or emergency personnel 
• Mistaken identity or lack of evidence

In sum, trespass in a conveyance is a serious offense under Florida law. The term “conveyance” includes any motor vehicle, ship or vessel, railroad vehicle or car (such as a train), trailer, aircraft, or sleeping car.

Trespass in a conveyance can be charged as a second-degree misdemeanor, first-degree misdemeanor, or a third-degree felony. Third-degree felony trespass in a conveyance, which is charged when a trespasser is armed, also gives the owner of the conveyance license to detain the trespasser for a reasonable amount of time until police arrive.

If someone is arrested and formally charged in Florida with online solicitation of a minor, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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