In Florida, private property owners, including store owners and managers, have the right to control access to their premises. This right extends to the ability to "trespass" individuals, effectively barring them from entering or remaining on the property. Understanding the legal basis for trespassing, the procedures involved, and the consequences of violating a trespass order is crucial for both business owners and members of the public. This comprehensive article delves into the specifics of when and how a store can trespass someone under Florida law.
What Does It Mean to Trespass Someone in Florida?
Trespassing, as defined under Florida law (primarily Chapter 810, Florida Statutes), involves knowingly entering or remaining on property without authorization, license, or invitation. When a store "trespasses" someone, it means they are formally notified that they are no longer welcome on the premises. This notification creates a legal boundary, and any subsequent entry by the trespassed individual can result in criminal charges.
Legal Basis for Trespassing by Store Owners
Store owners and their authorized representatives (e.g., managers, security personnel) have the right to control access to their property. This right stems from their ownership or leasehold interest in the property. They can establish rules of conduct and exclude individuals who violate those rules or engage in disruptive or unlawful behavior. This right is not absolute and is subject to certain limitations, which will be discussed later.
When Can a Store Trespass Someone?
A store can trespass someone for a variety of reasons, including but not limited to:
- Disruptive Behavior: This includes actions that interfere with the normal operation of the business or create a disturbance for other customers, such as loud arguments, aggressive panhandling, or disorderly conduct.
- Theft or Shoplifting: If an individual is caught stealing or attempting to steal merchandise, the store can trespass them.
- Violation of Store Policies: Stores may have specific policies regarding dress code, behavior, or other conduct. Violating these policies can be grounds for trespassing.
- Threatening or Abusive Behavior: Any threats or abusive language directed towards employees or other customers can justify a trespass order.
- Loitering or Unlawful Activities: Loitering or engaging in unlawful activities on the premises, such as drug use or solicitation, can result in trespassing.
- Refusal to Follow Instructions: Refusing to comply with reasonable requests from store staff, such as leaving a restricted area or wearing a mask during a mandated period, can be grounds for trespassing.
How is Someone Trespassed?
The method of trespassing someone is crucial for its legal validity. A proper trespass requires clear and unequivocal communication:
- Verbal Notice: A store representative can verbally inform the individual that they are no longer permitted on the property. This verbal notice should be clear and direct, stating that the individual is being trespassed and that any future entry will be considered trespassing.
- Written Notice: A written notice can also be issued, outlining the trespass order and its duration. This notice should be served directly to the individual or, in some cases, sent via certified mail.
- Trespass Warning Form: Many law enforcement agencies provide standardized trespass warning forms that can be used by businesses. These forms document the trespass order and provide a record of the notification.
Important Considerations for Trespassing:
- Reasonable Grounds: The reason for trespassing someone must be legitimate and non-discriminatory. Trespassing cannot be based on protected characteristics such as race, religion, national origin, or disability.
- Clear Communication: The trespass notice, whether verbal or written, must be clear and unambiguous. The individual must understand that they are no longer permitted on the property.
- Documentation: It is crucial for stores to document the trespass, including the date, time, method of notification, and the reason for the trespass. This documentation can be essential if the individual returns and is charged with trespassing.
What Happens if Someone Violates a Trespass Order?
If someone who has been trespassed returns to the property, they can be arrested and charged with trespassing. The penalties for trespassing vary depending on the circumstances:
- Trespass on Property Other Than Structure or Conveyance (F.S. 810.09): This is generally a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
- Trespass in Structure or Conveyance (F.S. 810.08): This is generally a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. It can be elevated to a third-degree felony under certain circumstances, such as if the trespasser is armed.
The Criminal Case Process for Trespass After Warning
If someone is arrested for violating a trespass order, the case proceeds through the standard criminal justice system:
- Arrest and Booking: The individual is arrested and taken to a detention facility for booking.
- Arraignment: The defendant appears before a judge, is formally charged, and enters a plea.
- Pre-Trial Motions and Discovery: The defense attorney can file motions to suppress evidence or challenge the legality of the arrest.
- Plea Negotiations: The defense attorney may negotiate with the prosecutor for a plea agreement.
- Trial: If no plea agreement is reached, the case proceeds to trial.
- Sentencing: If convicted, the judge imposes a sentence.
How a Defense Attorney Defends a Trespass After Warning Case
Several defense strategies can be employed in a trespass after warning case:
- Lack of Proper Notice: The defense can argue that the initial trespass notice was not properly given or was unclear.
- Revocation of Trespass: The defense can argue that the trespass order was subsequently revoked by the store owner or manager.
- Mistaken Identity: The defense can argue that the individual arrested was not the person who was originally trespassed.
- Necessity or Emergency: In rare cases, the defense might argue that the individual had a legitimate reason to return to the property, such as a medical emergency.
- Violation of Constitutional Rights: If the trespass was based on discriminatory grounds, the defense can raise constitutional challenges.
Limitations on a Store's Right to Trespass
A store's right to trespass is not absolute. They cannot trespass someone based on:
- Protected Characteristics: Trespassing cannot be based on race, religion, national origin, gender, disability, or other protected characteristics. Such actions could constitute discrimination and violate federal and state laws.
- Retaliation for Lawful Conduct: A store cannot trespass someone for engaging in lawful activities, such as peacefully protesting or exercising their right to free speech (within reasonable limits).
- False Accusations: A store cannot trespass someone based on false accusations or without reasonable grounds.
Importance of Legal Counsel
If you have been trespassed from a store or charged with violating a trespass order, it is essential to seek legal counsel from an experienced Florida defense attorney. An attorney can:
- Review the circumstances of the trespass.
- Assess the validity of the trespass order.
- Investigate the facts of your case.
- Negotiate with the prosecution.
- Represent you in court.
- Protect your rights throughout the process.
Store owners in Florida have the right to trespass individuals who engage in disruptive or unlawful behavior on their property. However, this right is subject to certain limitations and requires proper notification. Understanding the legal framework surrounding trespassing is crucial for both businesses and individuals. If you have been trespassed from a store or charged with violating a trespass order, consulting with a qualified Florida defense attorney is essential to protect your rights and ensure the best possible outcome in your case. They can help you navigate the legal complexities and build a strong defense strategy tailored to your specific situation.
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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.