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Trespass Florida. Under FS 810.011 Definitions "() It shall…

Trespass Florida. Under FS 810.011...
Trespass Florida. Under FS 810.011 Definitions "(b) It shall not be necessary to give notice by posting on any enclosed land or place not exceeding 5 acres in area on which there is a dwelling house in order to obtain the benefits of ss. 810.09 and 810.12 pertaining to trespass on enclosed lands." I read that as saying I do not have to post a NO TRESPASS sign on my property where I live. It is less than 5 acres and has a house. You agree? If not, can anyone can walk onto any property with no fear if there is no trespass sign posted. Why? Florida does have a gun law. I live in an HOA where association reps are threatening to trespass.
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Answered in 20 minutes by:
3/24/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,425
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Yes, you are correct. You don't need to post a notice. However, a person is not guilty of trespassing in your state unless there has been some kind of commuication that he's not welcome there, unless he is there to commit an illegal act:

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.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
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Customer reply replied 3 months ago
The law does say. "It shall not be necessary to give notice by posting on any enclosed land or place not exceeding 5 acres in area on which there is a dwelling house in order to obtain the benefits of ss. 810.09 and 810.12 pertaining to trespass on enclosed lands." I read that as an exception to 810.09 or 810.12. Yes?
Customer reply replied 3 months ago
It does say "in order to enjoy the benefits of ss 810.09 or 810.11 . I still read that as an exception. Oh well My HOA forbid NO TRESPASS signs. Now they are telling me I can have one. Thank you.

Sorry for the delay. Yes. You're correct. You don't need to post a sign to get someone charged with trespassing. But the criminal statute is also clear. Unless that person comes onto your property without permission and remains there intending to commit a crime, you have to communicate in some way that they are not welcome there. I see now that you can post the sign after all, which is a much more direct solution to the issue.

Enloy the weekend.

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Customer reply replied 3 months ago
Ok. I rated you. So I don't need a sign. But there is a difference between not having a sign and criminal charges? Yes? In other words I need warning or a sign to make criminal charges otherwise it is what just civil ?

No, you don't need a sign. But the purpose of a sign is to keep people off your property unless they have your permission to enter. If you don't have a sign, people have no reason to believe they cannot come on your property. So if you want to keep people off you would have to tell them to leave. Then if they don't, you can call the police and say that they are trespassing.

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What I'm trying to say is that if you have no sign, a door-to-door salesman, for example, can walk onto your property and ring your doorbell. Since he was there for a lawful purpose, you would then have to give him notice that you want him to leave. If he did not, you could have him charged with trespassing.

In a different example, someone is hanging around on your property, lookiing into windows and casing the place. You don't know him and you don't know why he's there but you expect he's up to no good. You can call the police and have him removed for trespassing even without giving him notice.

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Customer reply replied 3 months ago
I see. Fascinating examples. Very good examples. Zoey I am not trying to be difficult. I am facing a real life situation here with my HOA forcing themselves into every aspect of our lives. They had rules before that they could come into our homes and check for the animals we had, and remove the animals that broke the rules These HOAs have gotten completely out of control. Mind if I ask what state are you licensed in?

I'm licensed in New York, but I looked up the Florida trespassing law. I do now that HOAs can be difficult, but that crosses over into Real Estate law and HOA's rules and regulations. If you want to delve into that, you'd need to post a new question in Real Estate Law to see how one could get around rules you object to.

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Customer reply replied 3 months ago
Ok. Thanks Zoey.

You're very welcome and good luck!

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