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Trespass in Structure or Conveyance is typically charged as a second
degree misdemeanor, punishable by up to 60 days in jail. However, if a
person is present in the structure where the trespass occurs, then
trespass is considered a first degree misdemeanor, punishable by up to 1
year in jail.
810.08 Trespass in structure or conveyance.—

(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 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)(a) Except as otherwise provided in this subsection, trespass in a
structure or conveyance is a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.

(b) If there is a human being in the structure or conveyance at the time
the offender trespassed, attempted to trespass, or was in the structure
or conveyance, the trespass in a structure or conveyance is a
misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.

(c) If the offender is armed with a firearm or other dangerous weapon,
or arms himself or herself with such while in the structure or
conveyance, the trespass in a structure or conveyance is a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084. Any owner or person authorized by the owner may, for
prosecution purposes, take into custody and detain, in a reasonable
manner, for a reasonable length of time, any person when he or she
reasonably believes that a violation of this paragraph has been or is
being committed, and he or she reasonably believes that the person to be
taken into custody and detained has committed or is committing such
violation. In the event a person is taken into custody, a law
enforcement officer shall be called as soon as is practicable after the
person has been taken into custody. The taking into custody and
detention by such person, if done in compliance with the requirements of
this paragraph, shall not render such person criminally or civilly
liable for false arrest, false imprisonment, or unlawful detention.

(3) 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 owner or
lessee, or his or her agent, to communicate an order to depart the
property in the case of a threat to public safety or welfare.
https://www.flsenate.gov/Laws/....Statutes/2011/0810.0
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