Trespass is commonly understood as entering upon the property of someone else without their invitation or authorization to do so. In Florida, statute section 810.09 allows property owners or authorized representatives to remove anyone they wish from the premises for any reason. This law is often times enforced within public establishments and has raised a concern of legalized discrimination.
Under the trespass statute, a person commits a first degree misdemeanor if they defy an order to leave, personally communicated to them by the owner of the premises or by an authorized person, or if the person 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. For misdemeanor trespass, possible penalties include:
- Up to 60 days in jail;
- Up to 6 months of probation, and;
- Up to $500 in fines.
Under certain circumstances in Florida the charge can even be enhanced to a third degree felony with elevated penalties.
There are several viable defenses to a charge of trespass and it is important to consult with an experienced criminal defense attorney in the event you are arrested for trespassing. If you or a loved have been arrested for trespassing, call Blick Law Firm today and schedule a free 15-minute consultation with attorney Michael Blickensderfer.