[Chellybean]

Originally Posted by OrangeBlossomBaby

First of all, it's a statute, not a statue.

Second, different communities have different regulations regarding trespassing, the Florida statute only covers a "generic" situation.

Third, if they come onto your property uninvited, and you have to ask them to leave, then they have already trespassed, by coming onto your property uninvited. That IS trespassing. That's the very definition. Going where you aren't invited. I shouldn't have to tell a trespasser to get off my property, in order to have the encounter qualify as a trespass. The fact that they got to my door is qualification enough.

Florida is actually LAX on the definition of trespass, and requires the owner to object after the fact. That protects the trespasser, not the homeowner.

In regards to the spelling I stand corrected thank you for pointing that out I will check my autocorrect. Furthermore I agree with a great part of your post regarding trespassing it's painted with a broad brush. However though it gets in depth in criminal trespassing and case law that's where the division is. I seem to think Florida has great trespassing laws but you seem to have a different opinion that's why this is America my friend. I'm thankful for Florida trespassing laws under 8:10 have a good day

[Chellybean]

Originally Posted by retiredguy123

I was at the Havana CC once and a guy was there using an electrical outlet on the breezeway. A police car showed up, and he and the manager filled out a form which the policeman gave to the guy. He said it was a trespassing notice and that, if he returned again, he would be arrested. So, it could be that you need a written notice to actually enforce the trespass law.

Yes you are correct and in my post that's what they give you, it's called a trespass warning stay off the property, or the next time you will be arrested.

[Velvet]

Originally Posted by Bill14564

How are they trespassing if they are traveling on public roads and leaving private property when asked?

What about harassment? They are disturbing my peace, by coming up to my door. When did my walkway become public property? The survey of my property indicates it belongs to me.

[Bill14564]

Originally Posted by Velvet

What about harassment? They are disturbing my peace, by coming up to my door. When did my walkway become public property? The survey of my property indicates it belongs to me.

Feel free to try that argument when you call the sheriff.

I suspect you will find that criminal harassment requires a refusal to cease and desist the same way that criminal trespassing requires a refusal to leave.

[retiredguy123]

Originally Posted by Velvet

What about harassment? They are disturbing my peace, by coming up to my door. When did my walkway become public property? The survey of my property indicates it belongs to me.

Florida law (501.022) allows people to perform door-to-door solicitation as long as they have a home solicitation permit. So, they are allowed to cross your property and come to your door.

"Pursuant to Chapter 501, Florida Statutes, individuals who engage in certain door-to-door solicitation activities that sell, lease, or rent consumer goods or services with a purchase price in excess of $25.00 are required to obtain a Home Solicitation Sales Permit."

[BrianL99]

Originally Posted by OrangeBlossomBaby

...

Second, different communities have different regulations regarding trespassing, the Florida statute only covers a "generic" situation.

Third, if they come onto your property uninvited, and you have to ask them to leave, then they have already trespassed, by coming onto your property uninvited. That IS trespassing. That's the very definition. Going where you aren't invited. I shouldn't have to tell a trespasser to get off my property, in order to have the encounter qualify as a trespass. The fact that they got to my door is qualification enough.

Florida is actually LAX on the definition of trespass, and requires the owner to object after the fact. That protects the trespasser, not the homeowner.

Not even close to the facts.

Originally Posted by Marathon Man

So, you want to warn people about a possible scam, and then choose to hurl an insult toward us. Nice, really nice.

BTW - How many times does it have to be pointed out that the no soliciting 'rule' is unenforceable?

Originally Posted by Velvet

Yes, I believe there is no soliciting. They are trespassing.

The Villages doesn't have a rule against "Soliciting". Even if they did, the only place it would be enforceable, is in the neighborhoods of Villas where the "roads"/driveways are not public.


Here is just about all you need to know about who can and can't solicit and who needs a permit to do it.


Home Solicitation Permit | Sumter County Clerk of Courts

[Chellybean]

Originally Posted by retiredguy123

Florida law (501.022) allows people to perform door-to-door solicitation as long as they have a home solicitation permit. So, they are allowed to cross your property and come to your door.

"Pursuant to Chapter 501, Florida Statutes, individuals who engage in certain door-to-door solicitation activities that sell, lease, or rent consumer goods or services with a purchase price in excess of $25.00 are required to obtain a Home Solicitation Sales Permit."

Sorry I strongly disagree, 8:10 trumps 501 and they can be trespassed off warnings also and if they come back they get a Uber ride to the popoo.....

[retiredguy123]

Originally Posted by Chellybean

Sorry I strongly disagree, 8:10 trumps 501 and they can be trespassed off warnings also and if they come back they get a Uber ride to the popoo.....

I don't think we disagree. If a person shows up at your door with a permit, they are not violating the law. But, if you warn them to leave and to not come back, then they will violate the law if they return. But, the permit allows them to show up at least one time.

[Bill14564]

Originally Posted by Chellybean

Sorry I strongly disagree, 8:10 trumps 501 and they can be trespassed off warnings also and if they come back they get a Uber ride to the popoo.....

IF they refuse to leave THEN they MIGHT get a warning.
IF they get a warning AND they return THEN there MIGHT be further repercussions.
It is also true that IF they did donuts on your lawn they could be charged with vandalism.

HOWEVER, NONE of those things happened. From what you wrote, they operated under 501 while not violating 810.

[Topspinmo]

I would imagine Public has access to front doors (IMO the front door only), unless you have no trespassing sign in clear view

[Girlcopper]

Originally Posted by Chellybean

Statue 810.09
It's all there to read, once they leave public property, Florida has one of the best trespassing laws in the country.
Under the law you don't even have to be on the property to be trespassed warning to be submitted by law enforcement, if you come back you get a free Uber ride by law enforcement lol

Wrong. Read the law again and understand it right

[ThirdOfFive]

Wow!!

I had no idea that so many lawyers live in The Villages.

[jcreason5616]

Guide to Avoiding Door-to-Door Scams in 2023

[ribil]

Originally Posted by Velvet

Yes, I believe there is no soliciting. They are trespassing.

Wrong on both counts. They are not trespassing until they refuse to leave when asked.
Roads in the Villages are public roads and anyone can knock on your door.

[Djean1981]

No soliciting is not enforced. You must post a no soliciting sign.