Trespass on School Grounds F.S. 810.097 scaled
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: F.S. 810.09(1)(a)(1) and (2)

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Trespass on Property Other Than a Structure or Conveyance –

Florida Statutes § 810.09(1)(a)(1) and (2) outline the different versions of this crime. The basics elements are the following:

  1. The defendant willfully entered or remained on 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.
  4. When entering or remaining on the property, the defendant 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? The owner of the property can, but 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 written authorization from the owner or agent.

These charges can be very complicated for the government to prove. For example, to prove “proper notice” for certain property, the state attorney must establish, beyond a reasonable doubt, the following:

  1. Signs are posted along the property lines at most 500 feet apart.
  2. Signs are posted at each corner of the property.
  3. The lettering that reads “No Trespassing” cannot be less than 2 inches high.
  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.

I have often 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 criminal lawyer knows the trespassing statutes’ ins and outs and how to defend any variation of these charges.