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Law Practice in Jacksonville

SELECTED 2013-2017

Trespassing in Jacksonville, Florida: What are the Rules?

We take a look at the laws and rules governing trespassing in the State of Florida, but more particularly in Jacksonville, Florida.

First Question: Is it inside or outside?

Different state laws apply:

Inside:

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.

Outside:

810.09 Trespass on property other than structure or conveyance.

(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:

1. 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 s. 810.011; or
2. 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 trespass, commits the offense of trespass on property other than a structure or conveyance.
(b) As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.
(2)(b) If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person, or if the offender willfully opens any door, fence, or gate or does any act that exposes animals, crops, or other property to waste, destruction, or freedom; unlawfully dumps litter on property; or trespasses on property other than a structure or conveyance, the offender commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) As used in this section, the term “authorized person” or “person authorized” means any owner, his or her agent, or a community association authorized as an agent for the owner, or any law enforcement officer whose department has received written authorization from the owner, his or her agent, or a community association authorized as an agent for the owner, to communicate an order to leave the property in the case of a threat to public safety or welfare.

 

Second Question: Is it on public or private property?

Private property has more stern rules. You are allowed at the will of the owner or the owner’s agent, as noted above.

Public property is a little different.

Most cities have local codes giving local law enforcement authority to regulate public property, such as parks. For instance, in Jacksonville, Sec. 28.801. – Issuance of trespass, states “The Jacksonville Sheriff’s Office, or any law enforcement officers designated by the Sheriff, are authorized to enforce the park rules, Jacksonville Ordinance Code and Florida Statutes generally and are authorized to issue notices of trespass after warning in accordance with this Chapter.”

However, the notice requirements are a little more stern and specific:

Sec. 28.802. – Trespass Procedures.

(a) Trespass for violation of Certain State Statutes. If a person is arrested based upon probable cause to believe that the person has committed any of the offenses enumerated in F.S. Chs. 790 (Weapons and Firearms), 749 (Sexual Battery), 796(Prostitution), and 800 (Lewdness; Indecent Exposure) or any felony involving violence within a City park, beach, dock, marina or other recreational area or facility, the Jacksonville Sheriff’s Office shall exclude that person from all City parks, beaches, docks, marinas or other recreational areas or facilities for a period of one year. If a person is arrested based upon probable cause to believe that the person has committed any of the offenses enumerated in F.S. Ch. 806 (Arson and Criminal Mischief) within a City park, beach, dock, marina or other recreational area or facility, the Jacksonville Sheriff’s Office shall exclude for a period of one year that person from the particular City park, beach, dock, marina or other recreational area or facility where the offense occurred. Upon arrest, every person excluded shall be provided a notice of trespass after warning, in accordance with this Part.

(b) Trespass for violation of Park Rules, Jacksonville Ordinance Code and certain State Statutes not listed above. If a person is cited for violation of Park Rules, Jacksonville Ordinance Code and certain State Statutes not listed above, the Jacksonville Sheriff’s Office may exclude for a period of one year that person from the particular City park, beach, dock, marina or other recreational area or facility where the offense occurred for a period of one year. Every person excluded shall be provided a notice of trespass after warning in accordance with this Part.

(c) The notice of trespass after warning shall be in writing with a case number and a copy delivered to the excluded person. The notice of trespass after warning shall specify the following:

(1) The areas designated as public facilities by the Director and a list of the facility or facilities from which that person is excluded; and

(2) Information concerning the right to appeal the exclusion to a hearing officer.

Appeal is governed by Sec. 28.803. – Appeal.


We invite you to review all of our blogs which govern the right of people to assemble, protest and freely express themselves:

The Ten Commandments of Lawful Protesting

Trespassing in Jacksonville, Florida: What are the Rules?

Someone Recording You Without Your Permission?: Things You Can Do


We invite you to review our verdicts, our accolades and awards and what clients have to say about us and give us a call for a free consultation where our lawyers will consult with you personally.  John represents clients in Florida, Georgia and Alabama and before the U.S. Supreme Court with passion and compassion. Our firm handles a wide variety of injury and death cases, criminal defense, family law and a host of high profile matters. We can be emailed at help@floridajustice.com or call us at (904) 444-4444 in Florida or (912) 444-4444 in Georgia.