Florida’s Trespassing Laws

Aggressive Representation for Your Trespassing Charge

It is a criminal offense to enter or remain on another person's property without permission, under Florida law and is referred to as trespassing. Even remaining in an establishment when you were specifically asked to leave is considered a misdemeanor and could easily escalate to a felony. A trespassing misdemeanor can result in up to 60 days of jail time and/or a fine of up to $500. Carrying a weapon will have you facing a third-degree felony, punishable by up to 5 years in prison and a fine up to $5,000.

Trespassing Details

Federal Code Chapter 11.411 states that most trespassing offenses are labeled as petty misdemeanors, except for trespassing onto the property at night, which is considered a misdemeanor. If a notice of trespass was authorized against you, you will be charged with trespassing if you violate the trespass authorization. A person can be charged with trespassing if he/she entered a building, by which a notice of trespass is authorized.

As dictated by Florida Statute Title XLVI Chapter 810.08(1), any person who attempts to enter the premises of a building, structure, or any other variety of property without receiving permission from the landowner, proprietor, or resident, or after receiving a warning from these individuals, will have committed a crime of trespass.

Terms Associated with Trespassing

There are different types of locations associated with crimes of trespassing in the State of Florida, as outlined in Florida Statute Title XLVI Chapter 810.011:

  • A Structured building, which refers to any type of building that is covered by a roof.
  • Posted land, which refers to land that contains no trespassing signs not further than 500 feet apart and at least two inches high.
  • Fenced land, which refers to land that is contained with a fence or other enclosures such as; walls, logs, or posts).

Trespassing on School Property in Florida

Florida Statute Title XLVI Chapter 810.097 (1a-b) states that if any person trespasses (or attempts to trespass) on school property who is not associated with a school campus or related organization, is not licensed to be on the property for any purpose, or is a student who has recently been expelled, they will be charged with a 2nd-degree misdemeanor, punishable by 60-day imprisonment and/or a fine that does not exceed $500.

Chapter 810.097(2) states that any individual who has previously been warned not to enter the premises (by the school’s principal or an associate) and willingly and intentionally ignores this warning (by wandering onto school property) will be charged with a 1st-degree misdemeanor, punishable by a 1-year prison sentence and/or a fine that does not exceed $1,000.

In keeping with Chapter 810.097(3), Florida State Law allows the chief administrative officer to take a culprit into custody until authorities arrive at the scene if the officer has reason to believe this individual is trespassing on the school property.

In this situation, “school” refers to any facility including:

 

  • Kindergarten schools
  • Elementary schools
  • Middle schools
  • Junior high schools
  • Any form of secondary school

Charges for Trespassing

  • Any person who trespasses on private property will be charged with a 2nd-degree misdemeanor, punishable by a 60-day prison sentence and/or a fine that does not exceed $500.
  • If a person is occupying the premises during the time of the crime, the charges will be increased to a 1st-degree misdemeanor, punishable by a 1-year prison sentence and/or a fine that does not exceed $1,000.
  • If caught trespassing on the property the charges will be a 3rd-degree felony, punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000. (By law, any property owner who believes the culprit poses a threat and has committed a trespassing crime, may take the culprit into custody and detain the individual until law enforcement officers

 

Contact Ronald Chapman

Do not allow a property crime charge to ruin your life, call Ronald Chapman today. Ronald Chapman has obtained many positive verdicts where charges were reduced or dropped. Do not hesitate to contact his office today to schedule an appointment.

Defense Attorney West Palm Beach

Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help. Schedule your FREE Consultation! Call (561) 832-4348 or visit his website.

Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.

 

Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
561-832-4348

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