Most trespass cases are decided by a question the arrest report rarely answers: who told the person to leave, and did that person have the authority to say it? I have watched that question decide cases for more than 25 years in Hillsborough County courtrooms. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. On every trespass case, our attorneys pull the warning, the posting, and the written authorization behind them before we advise a client on anything else.

What Counts as Trespass Under Florida Law?

Florida law treats trespass as two separate crimes: trespass in a structure or conveyance, and trespass on property other than a structure or conveyance. Under section 810.08, Florida Statutes, a person commits trespass in a structure or conveyance by willfully entering or remaining in a building or vehicle without being authorized, licensed, or invited, or by refusing to leave after the owner, the lessee, or a person they authorized warns the person to depart. Under section 810.09, Florida Statutes, trespass on land requires one more element: notice against entering, given in person or by posting, fencing, or cultivation. The only exception is the unenclosed curtilage of a home, where entering with intent to commit another crime is enough.

Florida’s definitions in section 810.011 are broad. A structure is any building with a roof, temporary or permanent, together with its curtilage. A conveyance is any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car. During a state of emergency declared by the Governor, such as the declarations that follow a hurricane, a damaged building still counts as a structure for trespass purposes even if walls or a roof are gone, which matters in Tampa Bay after every storm season.

The word “willfully” carries weight in both statutes. A person who walks through an unmarked side door believing it is open to the public, or who never heard a warning, did not willfully trespass. Our attorneys at The Brancato Law Firm look first at what the client knew and when, because the State has to prove that knowledge beyond a reasonable doubt. Our approach to trespass and other property charges in Tampa is described on our Hillsborough County criminal defense attorney page.

What Is Trespass After Warning in Florida?

“Trespass after warning” is the common name for staying on, or coming back to, property after the owner or an authorized person has told you to leave. Florida has no separate statute with that title. The charge is filed under section 810.08 when the place is a building or vehicle, and under section 810.09 when it is land, such as a parking lot. Defying an order to leave that was personally communicated to you makes trespass on land a first-degree misdemeanor, punishable by up to 1 year in jail.

The warning has to come from the right person. Section 810.09(3) defines an authorized person as the owner, the owner’s agent, a community association acting as the owner’s agent, or a law enforcement officer whose department has received written authorization to communicate an order to leave. Section 810.08(3) uses a similar definition for buildings. The Brancato Law Firm treats that written authorization as a document to be produced and tested in every case where an officer, not the owner, gave the warning.

In Tampa, that written authorization is often a Trespass Affidavit. The Tampa Police Department Trespass Affidavit Program lets a property owner sign a notarized form (TPD Form 127) that allows any Tampa Police officer to act as the owner’s representative, warn people to leave, and arrest people who refuse. TPD’s program page also says the owner must file a new affidavit when management, contact numbers, or the subpoena address change, and that if the department or court cannot contact the owner or agent, prosecution will not be pursued. When our attorneys take a Tampa trespass case, we request the affidavit and check who signed it, when, and whether anyone at that business can still be reached to testify.

Smith v. State: a blanket authorization is not a warning

Smith v. State, 778 So. 2d 329 (Fla. 2d DCA 2000) is the leading local case on this issue. Two St. Petersburg officers watched Reginald Smith walk around the parking lot of a 24-hour convenience store for about ten minutes, talking to customers. The owner had signed a blanket authorization for police to issue trespass warnings at the store, but no one, not the owner, an employee, or an officer, had ever told Smith to leave. The officers arrested him for trespass and found drugs in the search that followed.

The Second District Court of Appeal, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, reversed. The court held that a store open to the public extends an implied invitation to enter, and that actual communication is necessary to withdraw it. A “No Trespassing” sign on the store wall was not statutory posting of the parking lot. Because no trespass occurred in the officers’ presence, the arrest was illegal, the drugs were suppressed, and Smith was discharged. The lesson reaches past trespass: when an arrest for trespass is unlawful, the evidence found after it can be thrown out with a motion to suppress, and the same missing-warning problem can defeat the trespass charge itself at trial.

How Often Do Trespass Arrests Happen in Hillsborough County?

Trespass and burglary charges are a routine part of Hillsborough County’s criminal docket. In 2025, Hillsborough County jail bookings reported to the Florida Department of Law Enforcement carried 4,859 charges under Florida’s Burglary and Trespass chapter (Chapter 810), out of 79,626 charges booked in the county that year, according to FDLE’s Criminal Justice Data Transparency County Detention Arrest Report. FDLE’s report groups trespass with burglary under that chapter heading, so the figure covers both offenses, and our firm defends clients on both sides of that line.

Researchers have documented why trespass warnings produce so many arrests. In “Penal Boundaries: Banishment and the Expansion of Punishment,” published in Law & Social Inquiry in 2010, University of Washington researchers Katherine Beckett and Steve Herbert studied trespass admonishments, parks exclusion orders, and similar orders in Seattle (University of Washington summary and full text). They found that these warnings let police act as agents of property owners, and that a civil warning becomes a criminal case the moment the person returns. Our attorneys see the same pattern in Tampa: the warning is issued in seconds, and the arrest comes weeks or months later on a return visit.

How Long Does a Trespass Warning Last in Florida?

Florida’s trespass statutes do not set an expiration date for a trespass warning. A warning from a private owner generally stays in effect until the owner withdraws it, which is why a ban from a store or apartment complex can still be enforced a year or more later. Tampa Police Department’s program page says an owner who wants to end the department’s role as agent must notify the department in writing. The Brancato Law Firm still examines old warnings closely, because the State must prove the person received the warning, and proof of a conversation that happened long ago is often thin.

Warnings issued by a government agency for public property can carry their own limits. The St. Petersburg ordinance reviewed in Catron v. City of St. Petersburg in 2011 capped city trespass warnings at one year for a first violation and two years for later ones. That case is discussed in the next section.

Can You Be Trespassed From Public Property in Florida?

Yes, a government agency can trespass a person from public property, but the person giving the warning must have authority over that property, and the warning cannot be used without limits. Two cases set the boundaries that matter most in Tampa Bay.

In Catron v. City of St. Petersburg, 658 F.3d 1260 (11th Cir. 2011), four homeless residents challenged a St. Petersburg ordinance that let police and city employees issue trespass warnings excluding people from city parks and other city property, with no procedure to contest the warning. One plaintiff received a warning for “all city parks” that was to last “permanently.” The Eleventh Circuit held that people have a protected liberty interest in being on public land open to the general public, and that the plaintiffs had stated a procedural due process claim because the ordinance gave them no way to challenge a warning. The court also allowed a claim under the Florida Constitution’s right to intrastate travel to proceed.

In D.J. v. State, 67 So. 3d 1029 (Fla. 2011), a security guard at a Miami-Dade middle school told a juvenile who was not a student to leave, and he was arrested when he came back the next day. The Florida Supreme Court vacated his conviction under section 810.097, Florida Statutes, holding that the identity and authority of the person who gave the warning, the principal or the principal’s designee, are essential elements the State must prove. The State had offered no evidence that the guard was the principal’s designee. Our attorneys at The Brancato Law Firm apply the same reasoning to warnings given at parks, libraries, transit centers, and other public places in Hillsborough, Pinellas, and Pasco Counties.

What Are the Penalties for Trespass in Florida?

Trespass penalties in Florida range from a second-degree misdemeanor to a third-degree felony, depending on the place, whether anyone was inside, and whether the person was armed. The maximum jail terms come from section 775.082 and the maximum fines from section 775.083: up to 60 days and $500 for a second-degree misdemeanor, up to 1 year and $1,000 for a first-degree misdemeanor, and up to 5 years and $5,000 for a third-degree felony. The Brancato Law Firm reviews every enhancement in the charging document, because each one is an element the State must prove.

The armed enhancement applies when the person is armed with a firearm or other dangerous weapon during the trespass, or arms himself or herself while inside a structure. For armed trespass only, the statutes let an owner or authorized person detain the suspect in a reasonable manner and for a reasonable time, and they must call law enforcement as soon as practicable. The construction-site felony has its own sign rule: a site larger than one acre must be legally posted with a felony warning, and a site of one acre or less needs a sign with letters at least 2 inches high placed where the construction permits are posted.

What Does “Posted” Mean Under Florida Trespass Law?

Posted land under section 810.011(5), Florida Statutes, is land with “No Trespassing” signs placed not more than 500 feet apart along the boundaries and at each corner, with letters at least 2 inches high, showing the name of the owner, lessee, or occupant, and placed so they are clearly noticeable from outside the boundary. Fenced land counts as notice if the fence is of substantial construction and at least 3 feet high. Cultivated land counts if it has been cleared and planted with a crop, orchard, grove, pasture, or trees, or is fallow as part of a crop rotation. All of these figures come from the 2026 Florida Statutes.

Defective posting is one of the most practical defenses in a land-trespass case. A single sign on a building, a sign with no owner name, or a gap of more than 500 feet between signs may not satisfy the statute, and Smith shows that even a compliant sign may not withdraw the invitation to an open business’s parking lot. Under section 810.12, entering land that is properly enclosed and posted is prima facie evidence of intent to trespass, so our attorneys at The Brancato Law Firm measure, photograph, and document the posting before the property owner fixes it.

What Is the Difference Between Trespass and Burglary in Florida?

The difference is intent. Under section 810.02, Florida Statutes, burglary is entering a dwelling, structure, or conveyance with the intent to commit an offense inside, unless the premises are open to the public or the person is licensed or invited to enter. Trespass requires no intent to commit any other crime. That single element can be the difference between a misdemeanor and a burglary charge that can carry up to life in prison, so The Brancato Law Firm treats every burglary charge as a possible trespass case. Our guide to what burglary is in Florida covers the burglary side in detail.

Trespass also sits next to other charges prosecutors add to the same arrest. Hanging around a closed business at night may be charged as loitering and prowling, damage to a gate or fence may add criminal mischief, and taking anything from the property can bring a theft charge.

What Is Possession of Burglary Tools in Florida?

Possession of burglary tools under section 810.06, Florida Statutes is a third-degree felony, punishable by up to 5 years in prison, and it applies to tools intended for a trespass as well as a burglary. The statute requires proof that the person had the tool, machine, or implement with intent to use it, or allow it to be used, to commit a burglary or trespass. A screwdriver, a pry bar, or bolt cutters are ordinary tools with lawful uses, so the State usually relies on circumstantial evidence of intent. Our attorneys at The Brancato Law Firm challenge that inference with the client’s work history, receipts, and the reason the tools were in the vehicle.

Can You Use Force Against a Trespasser in Florida?

Florida allows non-deadly force against a trespasser in limited circumstances and allows deadly force only to prevent a forcible felony. Under section 776.031, Florida Statutes, a person may use or threaten force, other than deadly force, when and to the extent he or she reasonably believes it is necessary to prevent or end a trespass on real property other than a dwelling, if the property is lawfully in that person’s possession, a family or household member’s possession, or the possession of someone he or she has a legal duty to protect. Deadly force is justified only when the person reasonably believes it is necessary to prevent the imminent commission of a forcible felony. A trespass by itself is not a forcible felony.

Different rules apply when someone unlawfully and forcibly enters an occupied home or vehicle. Our guide to self-defense in Florida explains how those rules work, and our attorneys at The Brancato Law Firm defend both people charged with trespass and property owners charged after using force against a trespasser.

How Do Our Attorneys Fight a Trespass Charge in Tampa?

Our attorneys fight a trespass charge by testing each element in the order the State has to prove it. These are the questions we answer first, and each one can end a case:

1. Who gave the warning? We identify the person by name. A report that says only that the defendant “had been trespassed” does not prove who gave the warning.
2. Did that person have authority? We demand the owner’s written authorization or the Tampa Police Trespass Affidavit when an officer gave the warning, and we check whether a school warning came from the principal or a designee under D.J.
3. Was notice actually given? For land, we compare the signs, paint, and fencing to section 810.011. For an open business, we look for actual communication under Smith.
4. Was the entry willful? We look for open doors, missing signs, confusing boundaries, and anything showing the client believed he or she was allowed to be there.
5. Does the felony enhancement hold up? We test whether the object was a firearm or dangerous weapon and whether a construction site or other special site was posted exactly as the statute requires.
6. Is it really burglary? When the State charges burglary, we attack the intent element and argue for trespass as the correct offense, as we did at trial in the case described above.
7. Was the arrest legal? In most trespass cases, a warrantless misdemeanor arrest requires the offense to occur in the officer’s presence. If it did not, we move to suppress anything found afterward.

Can Trespass Charges Be Dropped in Florida?

Yes. Trespass charges can be dropped when the State cannot prove the warning, the authority behind it, or proper notice, and many first-time trespass cases resolve without a conviction. The State Attorney’s Office for the 13th Judicial Circuit can decline to file a charge, file a nolle prosequi (a formal dismissal) after charges are filed, or offer pretrial diversion to an eligible first-time offender, which ends in dismissal when the program is completed. When a case is resolved by plea, a withhold of adjudication means the person is not formally convicted.

The earliest opportunity comes before charges are filed. A misdemeanor trespass arrest in Tampa often starts with a notice to appear or a short jail stay, and the prosecutor’s filing decision comes later. Through our representation before charges are filed, The Brancato Law Firm can present the missing-warning problem, the property owner’s position, and the client’s background to the assigned prosecutor before a formal charge is filed.

What Should You Do After a Trespass Warning or Arrest?

After a trespass warning or arrest, protect the evidence and stay away from the property. Store surveillance systems record over old footage, employees change jobs, and the person who gave the warning may not remember it months later. These steps help our attorneys build the defense:

• Do not return to the property, even to apologize or pick up belongings; a return visit is how most trespass-after-warning cases start.
• Write down who gave the warning, what was said, the date and time, and who else was present.
• Keep any written trespass notice, citation, notice to appear, or property receipt.
• Photograph the entrances, signs, gates, and fences from the spot where you entered, as soon as you safely can.
• Do not discuss the incident with the property owner, security staff, or police without a lawyer.
• Note your first court date and call a defense attorney before it.

Frequently Asked Questions About Trespass in Florida

Is trespassing a felony or a misdemeanor in Florida?

Trespassing is usually a misdemeanor in Florida, and it becomes a third-degree felony when the person is armed or the property is a construction site or other site posted with a felony warning. The Brancato Law Firm checks every felony trespass charge for an enhancement the State cannot prove, which can reduce the case to a misdemeanor. Our Tampa trespass defense work covers both levels.

Can I be arrested for trespassing if there was no sign in Florida?

Yes, you can be arrested for trespassing without a sign if you entered a building without permission or were told in person to leave and refused. Our attorneys at The Brancato Law Firm compare the posting to section 810.011 in every land-trespass case, because land without proper signs, fencing, or cultivation requires a personal warning before trespass on that land is a crime, except in a home’s curtilage when the person intends another crime.

Can a store ban me for life in Florida?

A private business can withdraw its invitation and tell you not to return, and Florida’s trespass statutes set no expiration date for that warning. The Brancato Law Firm looks at whether the warning was actually given to you by the owner or an authorized person, because Smith v. State shows that a blanket authorization alone is not a warning.

Can police trespass me from a public park in Tampa Bay?

Yes, an authorized government official can issue a trespass warning for public property, but the warning must come from someone with authority over that property, and in Catron v. City of St. Petersburg the Eleventh Circuit held that a city ordinance giving people no way to challenge a warning stated a due process claim. Our attorneys at The Brancato Law Firm defend park, library, and transit trespass cases in Hillsborough, Pinellas, and Pasco Counties; see our Pinellas County criminal defense page for St. Petersburg and Clearwater cases.

Can a trespass charge be dropped if the property owner does not want to prosecute?

The owner’s wishes matter, but the decision to drop a trespass charge belongs to the State Attorney’s Office, not the owner. The Brancato Law Firm contacts the owner or manager when appropriate and presents that position to the prosecutor, which is especially effective through pre-file advocacy before a charge is formally filed.

Will a trespass charge show up on a background check in Florida?

Yes, a trespass arrest appears on a Florida criminal history even if the case is later dropped. When the case ends in a dismissal, a nolle prosequi, or a withhold of adjudication, the person may be eligible to seal or expunge the record under Florida’s eligibility rules, and The Brancato Law Firm builds that goal into how we resolve the case.

How much does a trespass lawyer cost in Tampa?

The cost of a trespass lawyer in Tampa depends on whether the charge is a misdemeanor or a felony, whether other charges were filed with it, and whether the case goes to trial. The Brancato Law Firm offers a free, confidential consultation and quotes a fee after reviewing the charging document and the warning evidence. Call (813) 727-7159.

Talk to a Tampa Trespass Defense Attorney

Every trespass case has a short window to save the evidence that wins it: the video, the sign, and the name of the person who gave the warning. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 before your first court date, and our attorneys will start by identifying who gave the warning and whether that person had the authority to give it. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you were arrested for burglary in Hillsborough County, the case against you probably rests less on what was taken than on what the State says you intended when you walked in. My name is Rocky Brancato. Before I founded The Brancato Law Firm, P.A., a Tampa criminal defense firm, I served in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, and I have spent more than 25 years in Hillsborough County courtrooms. Our attorneys defend burglary charges of every degree in Hillsborough, Pinellas, and Pasco Counties, from car burglaries to armed burglary of a dwelling, and we start with the intent evidence and the exact place the State says you entered.

What does the State have to prove in a Florida burglary case?

The State must prove that you entered or remained in a dwelling, structure, or conveyance with the intent to commit an offense inside. For offenses after July 1, 2001, section 810.02(1)(b), Florida Statutes, defines burglary two ways:

1. Entering “a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter.”
2. Remaining in a dwelling, structure, or conveyance, even after a licensed or invited entry, “a. Surreptitiously, with the intent to commit an offense therein; b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or c. To commit or attempt to commit a forcible felony.”

The three “remaining in” theories have a history. In Delgado v. State, 776 So. 2d 233 (Fla. 2000), the Florida Supreme Court held that after a consensual entry, “remaining in” covered only surreptitious remaining. The Legislature responded with the current text for offenses after July 1, 2001. So when a case begins with an invitation, such as a guest, a contractor, or a former partner, our attorneys ask which of the three theories the State is using and whether it can prove it. Our Hillsborough County criminal defense attorney team builds the defense around that answer.

What counts as a dwelling, structure, or conveyance?

Each term has a statutory definition, and the definition often decides the degree. Under section 810.011, Florida Statutes:

The statute does not define curtilage, and the courts require an enclosure. In State v. Hamilton, 660 So. 2d 1038 (Fla. 1995), two men took outboard motors from a boat in a backyard bordered only by “several unevenly spaced trees,” and the homeowner shot one of them. The Florida Supreme Court held that the burglary statute carries forward “the common law requirement of some form of an enclosure in order for the area surrounding a residence to be considered part of the ‘curtilage.'” The burglary charge, and the felony murder charge built on it, could not stand.

A porch is different, because the statute names it. In Sublett v. State, 403 So. 3d 239 (Fla. 4th DCA 2025), a homeowner entered the screened porch she rented month to month to a tenant, who had told her repeatedly to “stay out,” and took part of the tenant’s medical marijuana. The Fourth District held the porch was a dwelling and that the tenant’s occupancy was “possession which is rightful as against the burglar,” so owning the house did not authorize the entry. Our post on whether a porch is a dwelling under Florida burglary law covers the porch cases in more detail.

What are the penalties for burglary in Florida?

The degree depends on what kind of place was entered, whether anyone was inside, and whether there was a weapon, an assault, or damage. The table reflects section 810.02 as it reads in 2026; the text has not changed since 2021.

Firearms add a mandatory minimum. Burglary is on the 10-20-Life list in section 775.087(2)(a), Florida Statutes, so actual possession of a firearm during a burglary carries a 10-year minimum, except burglary of a conveyance, which carries 3 years. Our guide to Florida’s 10-20-Life law explains the higher tiers. The Brancato Law Firm checks every fact the State uses to move a case up the table, because the difference between “occupied” and “unoccupied,” or a dwelling and a structure, can be 10 years of exposure.

What happens if a burglary happens during a state of emergency?

The charge goes up one degree if the burglary was made easier by the emergency. Under the closing paragraphs of section 810.02(3) and (4), a burglary committed during a riot, or in a county under a state of emergency declared by the Governor, is raised one degree when “the perpetration of the burglary is facilitated by conditions arising from the emergency.” Those conditions are “civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel.” A second-degree burglary becomes a first-degree felony, and a third-degree burglary becomes a second-degree felony.

The same paragraphs add a release rule: a person arrested for a burglary under these conditions “may not be released until the person appears before a committing magistrate at a first appearance hearing.” During a Governor-declared emergency, such as a hurricane, section 810.011 also treats the remnants of a damaged building in the covered area as a structure or dwelling “regardless of absence of a wall or roof.” Our attorneys at The Brancato Law Firm make the State prove the link between the emergency and the alleged burglary, which the statute requires and arrest reports often skip.

How do you fight a burglary charge in Florida?

You fight a burglary charge by attacking the element the State proves least directly, which is usually intent. These are the defenses our attorneys raise most often:

1. No intent at the time of entry. In C.G. v. State, No. 3D24-1813 (Fla. 3d DCA Aug. 27, 2025), a juvenile case, the Third District held that “the State must establish the juvenile’s intent to commit an offense at the time he enters,” and reversed because “the State did not present evidence of intent to commit an offense therein when C.G. entered the yard.” The burglary was reduced to simple battery. A crime committed after an entry does not, by itself, prove the person entered intending it.
2. The entry was not stealthy. The State often relies on the inference in section 810.07, Florida Statutes: entry “stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.” In Lanzo v. State, 73 So. 3d 817 (Fla. 5th DCA 2011), the defendant was seen “at the open garage door of a house on a residential street during daylight hours and in full view of any passerby,” then walked away and spoke with the homeowner and police. The Fifth District held that “stealthily” means “surreptitious, furtive, or sly,” that the jury should not have heard the instruction, and ordered a new trial. An entry through an open door in daylight may not be stealthy.
3. The place was open, or you were invited. The statute excludes premises “open to the public” and entries where “the defendant is licensed or invited to enter.” The State must then prove one of the three remaining-in theories.
4. The place does not qualify. An unenclosed yard is not curtilage under Hamilton. If the State cannot prove a roof, an enclosure, or that a vehicle was a conveyance, the burglary charge fails or drops a degree.
5. The State has the wrong person. Video, fingerprints, and phone location records must connect the client to the entry itself, not just to the neighborhood or to property found later.

Companion counts need their own proof. In Russell v. State, No. 2D2024-1373 (Fla. 2d DCA Aug. 28, 2026), a Tampa case, a homeowner found two strange bicycles at his back gate, and Tampa police called out Russell and a codefendant carrying watches, cameras, and other items. The appellate court left the burglary conviction in place (it was not challenged) and reversed the grand theft count because there was no testimony about depreciation or fair market value, reducing it to second-degree petit theft. Our guide on how to fight a theft charge in Florida explains how value is proven.

Is trespass a lesser charge than burglary?

Yes. Trespass is the most common lesser offense in a burglary case, and it is usually a misdemeanor. The difference is intent: trespass needs only an unauthorized entry or refusal to leave, while burglary requires intent to commit an offense inside.

The unenclosed yard is trespass territory. Section 810.09 covers entering “the unenclosed curtilage of a dwelling” with intent to commit an offense there. Florida also added a new trespass felony in 2025: chapter 2025-30, Laws of Florida, created section 810.09(2)(k), which makes it a third-degree felony to trespass on an area secured by law enforcement and posted as a designated restricted site. Our post on trespass in Florida covers those charges, and The Brancato Law Firm often argues for trespass as the right outcome when intent cannot be proven.

How common are burglary arrests in Hillsborough County?

Common, though less so than a decade ago. In 2025, Hillsborough County recorded 1,889 burglary arrests, according to FDLE arrest data published by Florida Health CHARTS, down from 2,531 in 2016, a 25.4% drop. Florida recorded 19,967 burglary arrests in 2025. Hillsborough’s 2025 arrest rate was 119.9 per 100,000 residents, compared with 85.4 per 100,000 for Florida as a whole. These figures count arrest events, not reported burglaries.

Many burglary accusations involve people who know each other. A Bureau of Justice Statistics report by Shannan Catalano, Victimization During Household Burglary (2010), found that about 7% of household burglaries from 2003 to 2007 involved violence, and in those violent burglaries the victim knew the offender 65% of the time. When the accused and the accuser have a history, consent, invitation, and withdrawn permission become the center of the case, and our attorneys at The Brancato Law Firm gather the texts and witnesses that show it.

What happens after a burglary arrest in Hillsborough County?

A person arrested for burglary in Hillsborough County sees a judge at first appearance within 24 hours, usually at the Orient Road Jail. Burglary is on the list of charges that require a first appearance before release, and burglary of a dwelling is a “dangerous crime,” so the judge cannot grant nonmonetary release at that hearing. The State Attorney’s Office for the 13th Judicial Circuit then decides what to file in the charging information, and that decision is the first chance to move the case from burglary to trespass.

Take four steps after a burglary arrest:

1. Say nothing about why you were there. Intent is the State’s hardest element, and a casual explanation can supply it.
2. Preserve your own evidence. Texts showing an invitation, a key, a lease, or a work order can defeat the case.
3. Identify video now. Doorbell, neighborhood, and business cameras often overwrite in days.
4. Get a lawyer involved before the filing decision. Our attorneys contact the prosecutor with the facts that support a lesser charge or no charge.

Frequently asked questions about burglary charges in Florida

Can burglary charges be dropped in Florida?

Yes. Burglary charges can be dropped or reduced to trespass when the State cannot prove intent at entry, when the place does not qualify, or when an invitation or consent defeats the entry element. The Brancato Law Firm presents those facts to the State Attorney’s Office before the filing decision whenever possible.

Is entering a fenced backyard burglary in Florida?

It can be. An enclosed yard is curtilage, so entering it with intent to commit an offense can be charged as burglary of the dwelling, while an unenclosed yard is not curtilage under State v. Hamilton. Our attorneys at The Brancato Law Firm look at photos and surveys of the fence line, because a gap or missing enclosure can change the charge.

Can you be charged with burglary of your own home in Florida?

Yes, if someone else has the right to occupy it. In Sublett, a homeowner was convicted of burglary for entering the porch she rented to a tenant, and The Brancato Law Firm reviews leases and landlord-entry rights in these cases, as our porch burglary post explains.

Is breaking into a car a felony in Florida?

Yes. Burglary of an unoccupied conveyance is a third-degree felony, and burglary of a conveyance with a person inside is a second-degree felony. The Brancato Law Firm checks whether the State can prove entry and intent, keeping in mind that under section 810.011(3) “to enter a conveyance” includes taking apart any portion of it, as described on our Hillsborough County criminal defense page.

What is the difference between burglary and trespass in Florida?

Burglary requires intent to commit an offense inside, and trespass does not. Our attorneys at The Brancato Law Firm often negotiate or try burglary cases toward trespass, which our trespass guide covers in full.

Should I talk to a detective who wants to ask about a burglary?

No, not without a lawyer, because intent is usually proven from the accused person’s own words and an interview can create the evidence the State lacks. The Brancato Law Firm provides pre-file advocacy and can speak with the detective on your behalf.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa violent crimes defense practice.

Talk to our Tampa burglary defense attorneys

Doorbell and neighborhood camera video often disappears within days, and the filing decision can come soon after. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will identify the video, gather the texts and documents that show permission, and press the State on intent before it files. Call (813) 727-7159 for a free, confidential consultation, and call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you were arrested in Tampa for carrying a gun in the wrong place, or you want to avoid that arrest, the rules below are what matter. The law changed twice in two years. Florida allowed permitless concealed carry starting July 1, 2023, and the open carry ban fell in September 2025. Many gun owners now believe they can carry anywhere, and that belief is behind a steady stream of arrests. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I have spent more than 25 years in Hillsborough County courtrooms, and our attorneys defend gun charges ranging from carrying in a prohibited place to possession of a firearm by a convicted felon.

Our firm does not take sides on whether these changes are good policy. Our job is to explain the law as it stands and to defend people charged under it.

Is open carry legal in Florida in 2026?

Yes. On September 10, 2025, the First District Court of Appeal decided McDaniels v. State, 419 So. 3d 1180 (Fla. 1st DCA 2025), an appeal from an Escambia County conviction for openly carrying a firearm. The court applied the U.S. Supreme Court’s test from New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), which asks whether a gun regulation fits the nation’s historical tradition. The court held that section 790.053, Florida Statutes, the open carry ban, violates the Second Amendment for “ordinary, law-abiding, adult citizens.” The opinion states: “Section 790.053, Florida Statutes, is therefore declared unconstitutional.”

The court added a limit that matters in practice: “That is not to say that open carry is absolute or immune from reasonable regulation. But what the State may not do is extinguish the right altogether for ordinary, law-abiding, adult citizens.”

The Attorney General did not seek rehearing or Florida Supreme Court review. His September 15, 2025 guidance memo called the decision “the law of the State” and said his office would “no longer defend convictions and prosecutions under Section 790.053(1).” The same memo said the felon ban, improper exhibition, the sensitive-place limits “whether carry is open or concealed,” and armed trespass all remain in force.

One technical point. Section 790.053 is still printed in the 2026 Florida Statutes, because the Legislature has not repealed it. Bills to rewrite the carry laws after McDaniels, including HB 321 and SB 406, died in committee in March 2026. The statute is unenforceable because of the court ruling, not because of a change in the text.

Do I need a permit to carry a gun in Florida?

No, not for most adults. Since July 1, 2023, section 790.01, Florida Statutes allows a person to carry a concealed firearm without a license if he or she meets the criteria for a license under section 790.06. A person who carries a concealed firearm without meeting those criteria commits a third-degree felony.

Permitless carriers have two obligations under section 790.013, Florida Statutes. They must carry valid identification and show it to an officer on demand, and failing to do so is a noncriminal violation with a $25 fine. They are also bound by the same prohibited places as license holders.

Many Floridians still carry a license, which matters for carrying in other states. According to the Florida Department of Agriculture and Consumer Services, 2,372,712 people held a Florida concealed weapon or firearm license as of August 31, 2025, including 127,042 in Hillsborough County, 81,306 in Pinellas County, and 64,759 in Pasco County.

Where is it illegal to carry a gun in Florida?

It is illegal to carry a firearm, openly or concealed, into the 15 categories of places listed in section 790.06(12)(a), Florida Statutes. A knowing and willful violation is a second-degree misdemeanor under section 790.06(12)(d).

Under section 790.06(12)(b), a person may still carry or store a firearm in a vehicle for lawful purposes. The federal ban in item 15 includes federal facilities and federal courthouses under 18 U.S.C. § 930.

In Tampa, the prohibited places that catch people most easily are the ones they pass through without thinking: the Hillsborough County Courthouse security line, the passenger terminal at Tampa International Airport, a bar area at a restaurant, and Raymond James Stadium on game day. Our post on carrying a gun at a Tampa Bay Buccaneers game covers the stadium in detail.

What about schools and private businesses?

Schools have their own statute. Under section 790.115, Florida Statutes, possessing a firearm on school property, at a school-sponsored event, on a school bus, or at a school bus stop is generally a third-degree felony, but it is a second-degree misdemeanor for a person otherwise authorized to carry under section 790.01. There is an exception for a firearm kept in a vehicle under section 790.25. A common misconception is that Florida bans possession within 1,000 feet of a school. It does not. The 1,000-foot rules cover displaying a weapon in a threatening manner and discharging a firearm.

Private property owners set their own rules. If a business tells you to leave because you are armed and you stay, you can be charged with trespass, and armed trespass is a felony under section 810.08, Florida Statutes. Open carry also does not permit showing a firearm “in a rude, careless, angry, or threatening manner,” which is improper exhibition under section 790.10, Florida Statutes.

Who still cannot carry a gun in Florida?

McDaniels changed how eligible adults may carry, not who may carry. Florida and federal law still bar these groups from possessing firearms:

The felon ban does not apply to a person whose civil rights and firearm authority have been restored. Our firm does not handle restoration petitions, but we explain the process in Can a Convicted Felon Own a Gun in Florida? For marijuana users, see Can You Own a Gun If You Use Marijuana in Florida?

Can 18 to 20 year olds carry a gun in Florida?

The answer changed in 2026 and depends on what the person wants to do. Florida still bans people under 21 from buying a firearm from a dealer under section 790.065(13), Florida Statutes. The full Eleventh Circuit upheld that ban in National Rifle Association v. Bondi, 133 F.4th 1108 (11th Cir. 2025) (en banc), and the U.S. Supreme Court declined to review it on June 30, 2026. A bill to lower the purchase age to 18, HB 133, passed the Florida House and died in the Senate in March 2026.

Carrying is different. In Eubanks v. State, No. 4D2025-1698 (Fla. 4th DCA June 17, 2026), the Fourth District held that the age-21 requirement for a concealed carry license in section 790.06(2)(b) is “facially unconstitutional as it applies to people aged 18 to 20.” Because permitless carry under section 790.01 borrows the license criteria, Eubanks affects who can carry without a license as well. The law in this area is unsettled, and anyone between 18 and 20 should get advice before carrying.

What do researchers say about Florida’s carry laws?

Researchers are still studying the effects. RAND’s January 2026 review, The Science of Gun Policy, Fifth Edition, rates the research evidence on concealed carry laws and other gun policies by strength and is one of the most widely cited neutral summaries. For defendants, the research matters less than the statute book. Prosecutors charge what the law says, and the law is changing faster than most gun owners can follow.

How do our attorneys defend Florida gun charges?

Our attorneys defend Florida gun charges by testing every element the State has to prove: that the person possessed the firearm, knew it was there, was in a prohibited place or was a prohibited person, and was lawfully stopped and searched. Visit our Tampa gun crimes attorney page for more. Common defenses include:

1. Unlawful stop or search. A carry arrest often begins with a traffic stop or a pat-down. If the stop or search violated the Fourth Amendment, a motion to suppress can remove the firearm from evidence.
2. Constructive possession. When a gun is found in a shared car or home, the State must prove the person knew of it and could control it.
3. The location was not on the list. The statute is specific. A restaurant dining room is not the bar area, and a parking lot is not the terminal.
4. Knowing and willful. The section 790.06(12) misdemeanor requires a knowing and willful violation.
5. Lawful vehicle carry. Section 790.06(12)(b) protects carrying or storing a firearm in a vehicle for lawful purposes.

These defenses work. In January 2025, our firm obtained dismissal of both a cocaine charge and a firearm charge within days after low bonds at first appearance and quick work with the intake prosecutor. In September 2026, a client charged with possessing a short-barreled rifle, cannabis, and paraphernalia was accepted into diversion after a mitigation report and a possession motion, avoiding a felony and likely deportation. See our case results page. Past results do not guarantee future outcomes. For an overview of every Florida gun offense, read What Are the Gun Crime Laws in Florida?

Frequently asked questions about carrying a gun in Florida

Can I open carry a gun in my car in Florida?

Yes. A person may carry or store a firearm in a vehicle for lawful purposes under section 790.06(12)(b), and eligible adults may now carry openly after McDaniels. The Brancato Law Firm sees many arrests that begin with a traffic stop, so we review the stop and any search first.

Can a convicted felon open carry in Florida?

No. A convicted felon may not possess any firearm, openly or concealed, unless civil rights and firearm authority have been restored, and possession is a second-degree felony under section 790.23. Our attorneys at The Brancato Law Firm defend felon-in-possession charges, often by challenging whether the State can prove knowing possession. Learn more on our Tampa gun crimes defense page.

Can I carry a gun into a restaurant that serves alcohol in Florida?

You may carry in the dining area, but not into the part of the establishment that is primarily devoted to serving alcohol on premises, under section 790.06(12)(a)12. The Brancato Law Firm has seen this line drawn differently by different officers, which is why the layout of the business matters in a defense.

Can I bring a gun to Tampa International Airport?

You may carry an encased firearm to check as baggage, but you may not carry a firearm inside the passenger terminal or sterile area under section 790.06(12)(a)14. Our attorneys at The Brancato Law Firm defend travelers whose firearm was found at a checkpoint, where federal and state consequences can overlap.

Is the McDaniels open carry ruling binding in Hillsborough County?

Yes, for now. Under Florida law, a district court of appeal decision binds trial courts statewide unless another district disagrees, and no other district has disagreed with McDaniels, although the Second District has not yet ruled on the question. The Brancato Law Firm tracks these appellate decisions because they decide which charges can still be filed.

What happens if I carry a gun into a prohibited place by mistake?

The section 790.06(12) offense requires a knowing and willful violation, so a true mistake is a defense, although the State will argue the signs or circumstances gave notice. Our attorneys at The Brancato Law Firm investigate signage, layout, and what the client was told before the arrest. Read our pre-file advocacy page to learn how we can intervene before a charge is filed.

Charged with a gun crime in Tampa?

Gun charges move quickly, and the first decisions about bond and filing are made within days of the arrest. The Brancato Law Firm, P.A. was founded by Tampa Criminal Defense Attorney Rocky Brancato. Our attorneys can appear at first appearance, contact the assigned prosecutor before charges are filed, and start testing the stop and search right away. Call (813) 727-7159. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Learn about our Spanish and Haitian Creole criminal defense.

For more about our defense strategies, visit our Tampa Gun Crimes Defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Each case is unique, and past results do not guarantee future outcomes. This article is general information, not legal advice.