Understanding Florida’s “No Trespassing” Laws
Florida has a long history with regards to "no trespassing signs" and related enforcement, but enforcement has seen a slow evolution by lawmakers to help property owners. The first statute to be incorporated into the Florida Statutes regarding the right to post no trespassing signs was passed in 1975, well over 40 years ago.
In 1975, the legislature enacted Section 810.09, Florida Statutes, which provided that property owners may "post" their property, either by fencing or posting, so as to effectively prohibit trespassers onto their property. The only part of this legislation that trickles all the way down to today’s laws is the statement that "the posting of any land in the manner and to the extent provided in this section shall constitute adequate notice thereof." It took 35 more years for the legislature to go back to these original statutes and update the law so that it is not a complicated mess.
That change happened in 2010 with the introduction of Section 810.12, Florida Statutes, which is now the "stand alone" authority for no trespassing signs that every lawyer and property owner should reference. This statute was enacted to provide property owners and law enforcement with the ability to establish that unknown persons charged with a trespass charge had, in fact, received the required notice of the "no trespassing" restrictions on the property.
To start with some history, when Section 810 . 09 was enacted, it provided that: (1) No person shall enter upon or remain upon any land or property, other than natural, unenclosed lands, without express or implied consent. The term "land" or "property" for the purpose of this section does not include any dwelling or dwelling unit located upon rural or agricultural land.
As you can see, the statute doesn’t require any signs whatsoever to the extent that it specifically states "Notwithstanding the presence of a no trespassing sign, any evidence of express or implied consent by the owner of the land or property shall preclude a conviction under this section for entering upon or remaining upon land or property posted in accordance with this section."
While this older statute is still in effect, the legislature radically revised the trespass laws in 1992 (used today as Section 810.08, F.S.) that referenced the penalties as misdemeanors and felonies so lawmakers felt the need to attach Part II to Section 810.09 (now Section 810.12, F.S.) to the trespass laws to "save face" but the connected statutes never connected with each other.
This disconnecting of the statutes has caused confusion over time for prosecutors and defense lawyers, judges and jurors, and real estate owners alike. As such, the legislature simplified the language so that the references all went to the same place and that no prosecution would be held where trespass laws are in effect but the owner did not take the steps to notify the person(s) of the law.
Legal Aspects of Florida’s “No Trespassing” Signs
The legal requirements for what may or may not be put on a no trespassing sign in Florida are found in Florida Statute §810.09:
§ 810.09 Trespass on property other than structure or conveyance.—
(1) A person who, without authorization, willfully enters upon or remains in any structure or conveyance or upon.
(a) The posted or fenced in property of another, or,
(b) The posted or fenced in part of any property of the State or any county, municipality, or other governmental entity,
… commits trespass in the second degree, a misdemeanor of the first degree…
(2)
(a) Any person who willfully enters upon or remains in any property, structure, or conveyance as set forth in s. 810.081 commits trespass in the second degree….
(b) Except as provided in paragraph (c), any person who, without authorization, willfully enters upon or remains in an area, as described and designated under subsection (3), commits trespass in the second degree.
(c) A person does not commit trespass in the second degree under this subsection when the person is authorized to enter or remain on the posted or fenced in property of another by:
Generally, a no trespassing sign must be visible, should be large enough to be legible from a distance and have the language "NO TRESPASSING", either alone or in combination with the Florida Statute citation §810.09. The statute does NOT require that they be otherwise "official".
Florida Trespassing Penalties
Penalty for Trespassing in Florida in Violation of No Trespassing Sign
If you have been charged with trespassing in Florida for violating a no trespassing sign, there are almost always serious consequences. It is absolutely essential that you have an experienced Florida criminal defense lawyer to handle the charges against you as the penalty for trespassing is typically severe.
If you are charged with trespassing in an authorized place such as a school or a church, the penalty is quite serious if you were aware of the sign and entered the premises. You may not need to actually have an arrest; rather, you could face a good chance of receiving a notice to appear. A complaint or notice to appear is an order directing the defendant to appear in court. The penalty for this type of trespassing crime is up to sixty days in jail and/or a fine of up to $500, both misdemeanors.
In a case where the no trespassing sign is posted on a property that is "clearly and obviously" designated to keep out the public at large, the penalty is a first-degree misdemeanor. This type of a misdemeanor carries a penalty of one year in jail and/or a fine of up to $1,000.
Where it can be shown that the defendant has previously been found guilty of two or more trespassing charges, the charge is automatically elevated to a third-degree felony. A third-degree felony means a maximum sentence of five years in state prison. In addition, the defendant would face the following penalties: a $5,000 fine, $50 or more in court costs, $100 surcharge for the homeless, and a $10 surcharge for the Crimes Compensation Fund.
Effectively Protecting Your Property With the Right Signs
Properties in Florida are facing more and more trespasses (unlawful entry by a person for one or more unlawful purposes). Creating a trespass is an unlawful act: trespass is where a person intentionally and without authorization, enters onto land owned by another. If you own property in Florida, private property laws are on your side when it comes to protecting your land. You are permitted to control who you want on your private property, and for what reasons. However, you must first provide proper notice that entrance onto your property without authorization is prohibited; this notice is often provided through signage.
Proper signage is important. Your trespasser will likely not be responsible for any damages they cause if you do not provide proper notice that they should not be on your land. If you are unsure of proper signage, go to the local Sheriff’s Office; they should have samples of what proper signage should look like.
Myths About Florida’s Trespassing Laws
Many people have some common misconceptions about the trespassing laws in Florida. First, they believe that there must be a physical no trespassing sign on the property for them to be charged with trespassing in the state of Florida. This is not true. You do not need to have a physical no trespassing sign posted on your property for people to be charged with trespassing.
Another misconception is that people think that you can simply walk back and forth to and from someone’s property without being charged with trespassing as long as you do not go onto their private property. That is false. If someone is ordered to leave someone’s property Florida Statutes 810.09 states, "Whoever without being authorized by law, goes or remains in or upon property, other than a structure or conveyance as defined in sections 810.011 and 810.021, owned by or in the custody of another, with knowledge that the property is pledged, leased, rented or granted in trust to another person, not having a right to go or remain thereon, commits an offense against the property not exceeding the first degree misdemeanor." This statute means that if you are told to leave your property and you return you are trespassing.
As I stated above, if someone is ordered to leave another’s property they must do so or they are trespassing according to Florida Statutes 810.09. Florida also has a statute that tells people what happens when you combine and burglary and trespassing. Florida Statutes 810.08 states, "Whoever enters a structure or conveyance with intent to commit an offense therein, unless the premises are at the time open to the public or the entry is with the consent of the owner or lessee thereof or the lawful occupant thereof , commits burglary of an unoccupied structure or conveyance as defined in s. 810.011." In the majority of instances people are charged with trespassing on land and that is just a misdemeanor charge. Section 810.08 goes on to say that if a person is charged with trespass on land and while on that land is also committing a crime that is a felony charge and that person would be charged with burglary of an unoccupied structure.
There are several circumstances in which the trespass laws do not apply. In Florida Statutes 810.09 (5) a police officer has the authority to enter onto property of another without the consent of the owner or occupant of the property in order to inform the owner or occupant of the trespass warning and ordering the person who has or is committing the trespass offense to leave under Florida Statutes 810.09. This requires the police to inform the person that they are no longer welcome on that person’s property and that if they come back on that property they will be charged with trespass. However, if a person is charged with trespass and they refuse to leave then they have committed a felony charge of armed trespassing and with that felony charge they can face prison time.
There are also punishments associated with trespassing on the property of person’s home or dwelling. Florida Statutes 810.09 (3) states that whoever trespasses on the property of another person’s dwelling structure, whether occupied or not, after having been warned by the owner of the property or occupant or by any law enforcement officer having jurisdiction over the property that the person is not authorized to be on the property commits a first degree misdemeanor which can result in up to one year of jail time and fine of $1,000. Worst yet, if while trespassing on the property the person commits the burglary crime they are charged with the felony crime of burglary of an unoccupied structure. That means that it is not worth it just to "check it out" when you have been warned by law enforcement or the owner of the property.
Law Enforcement and Trespassing Issues
Law enforcement can become involved in a number of ways for trespassing incidents. Law enforcement officers are generally the most common to be called to the scene if the no trespasser refuses to leave or if the trespasser is arrested for another crime committed on the property. For instance, if a person must be forcibly removed from your property in order to be trespassed, it is likely that person will be arrested. If an arrest is made, the arrestee will likely face charges not only for trespassing, but will face charges stemming from any criminal conduct not associated with the trespassing.
In the event of turnstile jumping where the trespasser is accused of some offence, officers will become involved for both trespassing and other crimes. For example, if the person involved attempts to push past the turnstile without paying, the turnstile will typically alert an officer to the situation and the individual will be detained for theft and/or trespassing. In such a case, the trespasser will face charges of theft and trespassing.
If an officer is requested to respond to a trespassing complaint, the officer will typically first ask the alleged trespasser to leave the property. The trespass will generally not agree to leave, and will become obstreperous. At that point, an officer may issue a written issued criminal trespass citation. The officer may also ask the alleged trespasser to step away from the property but to remain in the area, while waiting for a proper vehicle escort.
If an individual refuses a citation or a leave the premises, the officer will likely arrest the individual for resisting an officer without violence, which is a first-degree misdemeanor per Fla. Stat. § 843.02. Some Miami-Dade Police Department jurisdictions even have a special section that deals with trespass warnings.
Recent Developments In Florida’s Trespassing Law
Legislative updates and changes in Florida Trespassing Laws: In 1988 the Law Revision Council of Florida recommended that Part II of Chapter 810, Florida Statutes, be amended and renumbered as the Criminal Trespass Law, Sections 810.08 through 810.125, Florida Statutes. The law revision council did this, in part, because they believed that the section numbering of the statutes had been inconsistent. However, that does not mean the actual criminal law charges have changed. It means only the number of sections in the above cited statute has been amended. Also, in 2005 the trespassing laws were amended to address trespassing by there subsequent charges that are needed when a trespass occurs on certain places like a dwelling or structure or a construction site. So in 1974 the law added the sections of 810.09, which prohibits entering or remaining in a dwelling or structure and 810.10 which prohibits entering or remaining on an authorized construction site. All these amendments have not changed the primary criminal trespass law of Florida but have been additions to assist in prosecution of crimes on certain sites. Today, the main criminal trespassing charge is still section 810.08 of the Florida Statutes. Changes to this section in 2002 were made because the fear of terrorism.
Common Questions about Florida’s “No Trespassing” Signs
What are the specific requirements of Florida law for erecting a valid no trespassing sign?
Florida Statute 810.09 describes 4 different types of signs and their required characteristics to establish a valid No Trespassing notice from which the authorities may issue citations for trespassing. Notably, Florida Statute 810.09(1)(a) provides that any owner or lessee of land may erect a sign prohibiting criminal trespass by the public. The sign must be "placed or prominently exhibited" on the property so that persons entering in an ordinary course would come to the attention of the sign. Florida Statute 810.09(1)(b) requires that when the property is not fenced, the sign must be placed 200 feet or less from the nearest property line and at intervals of 100 feet or less along the perimeter of the property. Florida Statute 810.09(1)(a) further provides that the sign must read: "No trespassing except on express approval of (name of owner or lessee). Violators will be prosecuted under FS810.09." On any property where a violation has occurred, the sign must contain a statement of the specific activities prohibited; or where a violation has occurred, the sign must state that "entry without specific authorization is an offense under FS810.09." Florida Statute 810.09(2) creates an exception to the requirement that the sign be "prominently exhibited" where the only means of entering the property is through a building. Florida Statute 810.09(3) describes a no trespassing notice that may be given orally in the presence of at least two witnesses who each be at least 18 years old. The notice must be related to a specific illegal act that is taking place at the time of the notice. What does Florida Statute 810.09 require to make a no trespassing sign effective? Florida Statute 810.09 requires that in order to be effective: 1. Be posted at or near all entrances to the property by the owner or lessee , 2. Be in a conspicuous place that is outside of the property or inside and transmissive to a person’s view, 3. Be with the consent of the owner or lessee, 4. Have the name or individual who issued the order, such as: "No Trespassing without permission of John Smith," 5. Include the language found in Florida Statute 810.09: "of FS810.09 Violators will be prosecuted under FS810.09." or "entry without specific authorization is an offense under FS810.09." When should I consult with an attorney regarding a no trespassing sign? Consulting an attorney may be useful in the following situations: What should I do if someone ignores my no trespassing sign? 1. If someone ignores your no trespassing sign, contact the authorities. 2. Upon the arrival of the authorities on the property, the alleged trespasser should leave immediately. 3. Any confusion on the matter can be resolved by the authorities, who will perform a move-along to the alleged trespasser, if necessary. 4. If requested, the authorities will examine the sign to confirm that it is compliant with Florida Statute 810.09. 5. or if needed, the authorities will contact the property owner or lessee for consent.
