Florida’s Trespass Laws and the Consequences of Reentering Restricted Property
Trespassing in Florida is a serious offense, and when a person knowingly enters or remains on property after being warned not to do so, the charge escalates. Under Florida Statutes § 810.09(2)(a), Trespass After Warning occurs when someone reenters a property after a verbal or written warning from the owner, law enforcement, or an authorized agent. Whether the warning comes from a direct confrontation or a clearly posted "No Trespassing" sign, violating this law carries significant legal penalties.
Let’s discuss what constitutes Trespass After Warning, the penalties associated with it, and how you can fight these charges in Florida.
Understanding Trespass After Warning Under Florida Law
Trespass After Warning is a criminal offense that occurs when a person has been explicitly warned—either verbally or through a posted sign—not to enter a property, yet knowingly does so anyway. Florida law makes a distinction between general trespassing and trespass after prior warning, which is treated as a more serious offense.
Under Florida Statutes § 810.09(2)(a), the prosecution must prove the following elements for a conviction:
- The property owner, an authorized representative, or law enforcement previously warned the person not to enter the property.
- The warning was clear and unambiguous.
- The person knowingly entered or remained on the property despite the warning.
The warning may be delivered in two ways:
- Verbal Notice: A direct statement from the owner or an authorized person.
- Posted Signage: A "No Trespassing" sign placed in accordance with Florida law serves as sufficient notice.
If either form of warning is ignored, the person can be charged with Trespass After Warning.
Penalties for Trespass After Warning in Florida
The severity of a Trespass After Warning charge depends on the location of the offense and whether the accused was armed at the time. Florida law categorizes this offense in the following ways:
Misdemeanor Trespassing (Standard Case) – F.S. 810.09(2)(a)
- Second-degree misdemeanor
- Punishable by up to 60 days in jail
- Fines up to $500
- Possible probation and community service
This charge applies when a person trespasses on private property, commercial property, or vacant land after being warned.
Felony Trespassing (Aggravated Cases) – F.S. 810.09(2)(c)
If the person carries a firearm or dangerous weapon while trespassing, the offense is elevated to a third-degree felony, punishable by:
- Up to 5 years in prison
- Fines up to $5,000
- Felony probation
Felony trespassing charges can have long-term consequences, including restrictions on firearm ownership, employment difficulties, and loss of certain civil rights.
Common Defenses to Trespass After Warning in Florida
A Trespass After Warning charge does not automatically result in a conviction. There are multiple legal defenses that may apply, depending on the circumstances. Here are some common ways to fight these charges:
Lack of Proper Warning
If the property owner did not clearly communicate a trespass warning, the case may be dismissed. A general statement such as “I don’t want you here” may not be enough to establish a legal warning. The prosecution must prove that the defendant was explicitly informed that future entry would be unlawful.
No Intent to Trespass
The prosecution must prove that the accused knowingly trespassed after receiving a warning. If the person entered the property by mistake or under the belief that they had permission, this could be a valid defense.
Improperly Posted Signs
Florida law outlines specific requirements for No Trespassing signs. According to Florida Statutes § 810.011, the signs must:
- Be clearly visible from outside the property
- Be posted at regular intervals around the property
- Have letters at least two inches high
If the signs did not meet legal standards, the accused may argue that they were not properly warned.
Revoked or Expired Warning
In some cases, property owners issue trespass warnings that later become invalid. If a new property manager takes over or the owner no longer enforces the ban, the warning may no longer be legally binding.
Mistaken Identity or False Accusations
Security guards, store managers, or property owners sometimes mistakenly identify individuals when enforcing trespass laws. If there is no clear evidence that the accused was the person who entered the property, this can be challenged in court.
Violation of Constitutional Rights
If law enforcement obtained evidence through an illegal stop, search, or arrest, that evidence may be suppressed. A violation of Fourth Amendment rights can result in the dismissal of the case.
How a Criminal Defense Attorney Can Help
Being charged with Trespass After Warning can lead to jail time, fines, and a permanent criminal record. A strong legal defense can mean the difference between a conviction and having the charges dropped. A defense attorney can:
- Review the circumstances of your warning and arrest
- Challenge any weak or missing evidence in your case
- Negotiate for a reduction in charges or dismissal
- Represent you in court to fight the charges aggressively
With the right defense, many trespassing cases can be reduced or dismissed entirely.
Florida Trespassing Law FAQs
What is the difference between simple trespassing and trespass after warning in Florida?
Simple trespassing happens when someone enters private property without permission. Trespass After Warning applies when a person has already been told not to return and does so anyway.
Can a store give me a trespass warning in Florida?
Yes. Businesses, such as retail stores, have the right to issue trespass warnings. If a store bans you from returning and you ignore the warning, you could face criminal charges under F.S. 810.09(2)(a).
Does a trespass warning in Florida expire?
It depends. Some trespass warnings remain in effect indefinitely, while others expire after a certain period. Checking with the property owner or law enforcement can clarify whether the warning is still valid.
What happens if I trespass on public property in Florida?
Trespassing on public land, such as a park or government building, can result in arrest. If the land has posted signs or if law enforcement issues a direct warning, violating that warning can lead to criminal charges.
Can I fight a trespass charge if I was invited onto the property?
Yes. If you had permission from a tenant, employee, or manager to be on the property, that could serve as a defense. Miscommunication between property owners and staff can sometimes result in wrongful trespass charges.
What should I do if I receive a trespass warning in Florida?
If you receive a trespass warning, avoid the property. If you believe the warning is unfair or mistaken, speaking with an attorney before returning can prevent criminal charges.
How serious is a misdemeanor trespass charge in Florida?
A second-degree misdemeanor trespass charge can result in up to 60 days in jail and a $500 fine. A felony trespass charge can lead to up to 5 years in prison if a weapon is involved.
What if I was trespassing due to an emergency?
Emergencies, such as seeking shelter during a storm, may serve as a necessity defense. If entering the property was unavoidable for safety reasons, the charges may be dismissed.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.