Trespass on Property in Florida
Florida Statute 810.09 states it is unlawful for a person who, without being authorized, licensed or invited, to willfully enter upon or remain in any property other than a structure or conveyance
- As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing or cultivation as described in section 810.011 or
- If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespassing
Section 810.011 requires property owners to provide proper notice to warn people not to trespass.
Trespass on Property Penalties
Trespass on Property is a first degree misdemeanor when the trespasser is unarmed. First degree misdemeanors are punishable by up to one year of probation, one year in jail as a condition of probation, and a $1,000 fine.
Trespassing on Property is a third degree felony, punishable by up to five years of probation, five years in prison as a condition of probation, and a $5,000 fine when:
- The trespasser is armed with a firearm or other dangerous weapon during the commission of the trespass.
- The trespass occurs on a designated construction site.
- The trespass occurs on a designated commercial horticultural property.
- The trespass occurs on a designated agricultural site.
- The trespass occurs on a designated domestic violence center.
- The trespasser propels a lethal projectile over the land while trying to take or kill an animal.
- The trespass occurs on a designated agricultural chemicals manufacturing facility.
Trespass on Property Defenses
Common defenses to Trespass on Property:
- Lack of willfulness.
- Improper or no posted notice provided to the alleged trespasser.
- Trespass warning trumped by invitation.
- Alleged trespasser was invited to be on the property.
If you have been arrested or charged with the crime of Trespass on Property in Palm Beach County, Broward County, Martin County or Dade County please do not hesitate to call a Palm Beach criminal defense attorney from Bottari & Doyle, at (561)-588-2781 for a free consultation.