To prove the crime of Trespass in a structure or conveyance the State must prove the following four elements beyond a reasonable doubt:

1. The person willfully entered or remained in a structure or conveyance.

2. The structure or conveyance was in the lawful possession of the alleged victim.

3. The person entering or remaining in the structure or conveyance had no authorization, license, or invitation by the alleged victim, or any other person authorized to give that permission.

4. The person was armed, or became armed, with a firearm or dangerous weapon during the trespass.

If the person had been invited, licensed, or otherwise authorized to enter the structure or conveyance, the State must prove the following elements beyond a reasonable doubt:

1. The person had been authorized, licensed, or invited to enter the structure.

2. The owner, lessee, or a person authorized by the owner or lessee of the premises warned the person to leave.

3. The person refused to leave.

4. The person was armed, or became armed, with a firearm or dangerous weapon during the trespass.

Authority to enter or remain in a structure or conveyance need not be given in express words.  It may be implied from the circumstances.  It is lawful to enter or remain in a structure or conveyance of another if, under all the circumstances, a reasonable person would believe that he or she had the permission of the owner or occupant.

“Person authorized” means an owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in case of a threat to public safety or welfare.

“Willfully” means intentionally, knowingly, and purposely.  Rozier v. State, 402 So. 2d 539 (Fla. 5th DCA 1981).

“Structure” means any building of any kind, either temporary or permanent, that has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure. The enclosure need not be continuous as it may have an ungated opening for entering and exiting.] § 810.011(1), Fla. Stat.; State v. Hamilton, 660 So. 2d 1038 (Fla. 1995); Dubose v. State, 210 So. 3d 641 (Fla. 2017).

“Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and to enter a conveyance includes taking apart any portion of the conveyance. § 810.011(3), Fla. Stat.

A “firearm” is any weapon, including a starter gun, which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.] See § 790.001(1) Fla. Stat. for the definition of “antique firearm” and § 790.001(4) Fla. Stat. for the definition of “destructive device.”

A “dangerous weapon” is any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm.

“Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises. Wheeler v. State, 203 So. 3d 1007 (Fla. 4th DCA 2016).