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Top Trespass Defense Attorney Jason Cromey, Esq. on:
Trespass on Property Other Than a Structure or Conveyance: F.S. 810.09(1)(a)(1) and (2)
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Trespass on Property Other Than a Structure or Conveyance - This is a crime that can be charged and proven many different ways, all of which can be found under Florida Statutes § 810.09(1)(a)(1) and (2). The basics elements are this: (1) the defendant willfully entered upon or remained in property other than a structure or conveyance; (2) the property was owned by, or in the lawful possession of the victim; (3) there was proper notice not to enter the property or the property was the unenclosed curtilage of a dwelling and the defendant intended to commit a crime thereon, and (4) the defendant, when entering or remaining on the property, did not have authorization from the right person.
So who is a person that can give you the authority to enter, or stay on, property? Obviously, the owner of the property can. It can also be somebody who speaks for the owner – known under the law as an agent. In many cases law enforcement will have the authority to enforce the trespass rights of an owner. However, this is only the case if law enforcement has the written authorization from the owner or their agent.
These charges can be very complicated for the government to prove. For example, in order to prove “proper notice” for certain property the state attorney has to establish, beyond a reasonable doubt, the following: (1) signs are posted not more 500 feet apart along the property lines; (2) signs are posted at each corner of the property; (3) in letters no less than 2 inches high the signs say “No Trespassing”; (4) the signs must also state in smaller letters the name of the owner or occupant of the land; (5) the signs are clearly visible from outside the boundary lines and corners of the property. Many times I have seen a prosecutor believe that their case was solid, only to have it thrown out by a judge halfway through trial because the government couldn’t prove one of those five things!
An experienced lawyer knows the ins and outs of the trespassing statutes and knows how to defend any variation of these charges.