Florida law criminalizes the act of entering or remaining in a structure or conveyance without being authorized or invited to do so or after being told to leave by the owner or someone authorized by the owner. This is commonly referred to as trespass.
“Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term means a building of any kind or such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.
“Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term “conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car or such portions thereof as exist.
The offense is generally classified as a misdemeanor of the second degree, but it can be upgraded to a misdemeanor of the first degree if there is a person present in the structure or conveyance at the time of the offense and to a felony of the third degree if the offender is armed with a dangerous weapon. The statute also allows the owner or someone authorized by the owner to detain a person in a reasonable manner for a reasonable length of time if they reasonably believe that the person is committing this offense and poses a threat to public safety or welfare. This detention must be reported to law enforcement as soon as possible, and the person carrying out the detention will not be liable for false arrest, false imprisonment, or unlawful detention as long as they comply with the requirements outlined in the statute.
Florida also criminalizes the act of entering or remaining on property without being authorized or invited to do so or after being told to leave by the owner or someone authorized by the owner. The offense is generally classified as a misdemeanor of the first degree, but it can be upgraded to a misdemeanor of the first degree if the offender defies an order to leave, 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 the property, or trespasses on the property. The offense can also be upgraded to a felony of the third degree if the offender is armed with a dangerous weapon or if the property trespassed is a construction site, a designated commercial horticulture property, or a public recreational facility. This statute also allows the owner or someone authorized by the owner to detain a person in a reasonable manner for a reasonable length of time if they reasonably believe that the person is committing this offense and poses a threat to public safety or welfare. This detention must be reported to law enforcement as soon as possible, and the person carrying out the detention will not be liable for false arrest, false imprisonment, or unlawful detention as long as they comply with the requirements set forth in the statute.
If you have been arrested for trespassing in Florida, it is important to seek the advice of a qualified Miami lawyer familiar with trespassing cases as soon as possible to safeguard your rights. If a loved one has been arrested for trespassing in Florida, it is crucial to consult with an experienced Miami lawyer who is knowledgeable about trespassing cases as soon as possible to ensure that their rights are protected.
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