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Alex Esquire, Attorney at Law
Category: Criminal Law
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I purchased a small farm in Florida

Customer Question

I purchased a small farm in Florida last week (approximately 270 acres). It has a 15-20 acre pond/lake and according to the sellers it also has some very good hunting. The majority of the land is in pasture and will be used for pasture and cultivation, leaving approximately 50 wooded acres. There are two older homes on the property. One is located well within the property and will be used as the residence. The other is toward the front of the property and will be rented. The property has County or State road frontage on two sides with neighboring properties (residences and businesses) interspersed. Last week I was told by one of the previous owner that once people in the area realize that I now own the property they will be asking if they can fish in the pond, and that at one point they allowed people to fish but then had to stop allowing anyone to. I intend to raise cattle, goats, and vegetables on the farm and will need to have Livestock Guard Dogs for the goats and possibly a yarddog/watchdog for the residence. Below are some of the questions that I have: 1) What signs do I need to post around the property, where should they be posted and at what distance apart? 2) Is there anything that I need to do in addition to posting signs? 3) What legal protection does sign posting provide? 4) Are there things that I should do besides or in addition to posting signs? 5) Is there a specific type of sign that I should use (i.e., what verbiage, color, and size)? 6) What rights/recourse do I have if someone ignores the postings? 7) What is the legal punishment for those that do? Thank you. Glenn XXXXX

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex Esquire replied 1 year ago.

Hello. My name isXXXXX am a Florida licensed attorney and I will be glad to help you.

I understand that this is extremely large piece of land/property, but is there way for you to fence in all of the property?

Customer: replied 1 year ago.

All but 50 wooded acres on the back of the property is fenced. The 50 acres was purchased from a larger wooded tract on the back of the property and is border on the other two sides by other fenced properties.

Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

1) There is no specific requirements as to where and how the signs needs to be posted, however it would be a good idea to post PRIVATE PROPERTY / NO TRESPASSING / VIOLATORS WILL BE PROSECUTED sing in as many places and as conspicuous as possible.

2 / 3) Basically the sign, along with the fence puts any trespasser on notice that it is a private property and they are not welcome.

4) Given the size and nature of the property, it would be difficult to implement some type of extra security measures, such as video cameras or motion detectors.

5) Basically a clear conspicuous sign in the largest font possible in a plain view that would state "KEEP OUT, PRIVATE PROPERTY, VIOLATORS WILL BE PROSECUTED".

6) If the trespassers are on the outside and not inside your dwelling on the property, you can basically only call local sheriff/police and/or ask them to leave, unless the violator(s) pose some type of threat of serious physical injury or death to you or member of your family, in that case you are justified to use deadly force, but this is based on the Florida self defense laws, as you can never defend personal or real property with deadly force in Florida, unless there is a threat of serious injury or death.

7) Generally if you call the Sheriff/Police, the officer will issue a trespass warning to the violators (if it is the first time) and will ask the violator to leave and will advise the violator that if caught trespassing again, he/she will be charged with trespass which can be a misdemeanor punishable by up to 1 year in jail or a 3rd degree felony punishable by up to 5 years in prison, depending on circumstances of the trespass.

Here is the relevant Florida Statute that deals with the trespass:

Florida Trespass Laws

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.

(2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention by such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

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

History.--s. 34, ch. 74-383; s. 22, ch. 75-298; s. 2, ch. 76-46; s. 1, ch. 77-132; s. 33, ch. 88-381; s. 185, ch. 91-224; s. 1233, ch. 97-102; s. 4, ch. 2000-369.

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)(a) Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(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.

(c) If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property other than a structure or conveyance, he or she is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention in compliance with the requirements of this paragraph does not result in criminal or civil liability for false arrest, false imprisonment, or unlawful detention.

(d) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed is a construction site that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(e) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is commercial horticulture property and the property is legally posted and identified in substantially the following manner: "THIS AREA IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(f) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural site for testing or research purposes that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(g) Any person who in taking or attempting to take any animal described in s. 372.001(10) or (11), or in killing, attempting to kill, or endangering any animal described in s. 585.01(13) knowingly propels or causes to be propelled any potentially lethal projectile over or across private land without authorization commits trespass, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this paragraph, the term "potentially lethal projectile" includes any projectile launched from any firearm, bow, crossbow, or similar tensile device. This section shall not apply to any governmental agent or employee acting within the scope of his or her official duties.

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

 


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Customer: replied 1 year ago.

I've used this service before and didn't realize the inform was going to be posted on a blog or I wouldn't have included my name in the question.....

Expert:  Alex Esquire replied 1 year ago.

I completely understand your concern and glad to inform you that once my answer is accepted and the question is closed, I will be able to request for your personal information to be deleted/blocked.

Alex Esquire, Attorney at Law
Category: Criminal Law
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Satisfied Customers: 10300
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex Esquire and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Please have my name and any other personal information removed.

 

Expert:  Alex Esquire replied 1 year ago.

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