OrangeBlossomBaby |
08-24-2024 01:16 PM |
Seems people aren't understanding what "trespassing" means, and are interpreting a regulation without checking the legal definition of the word first. So - Chapter 810, Section 09 of the Florida Statutes:
Quote:
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.
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This is what Florida law defines as trespassing on the property of someone's home, who hasn't yet entered the dwelling itself yet (there's a different trespassing law for entering structures and dwellings, this isn't that regulation).
The bolded part "willfully enters upon OR remains" - means the person is trespassing BEFORE anyone tells them to get lost. They are trespassing because they came onto the property in the first place.
The underlined part, refers to the land immediately surrounding the structure/dwelling. So if someone owned a few acres of wooded land and crossed into the woods behind someone's house, and didn't get there by entering the yardage immediately surrounding the house (if they came in from next door or the block behind them, for example), then this law would NOT apply.
But walking up to someone's front door, if you are uninvited, unauthorized, and don't have a license to do so? That is - legally - according to Florida Statute quoted above - trespassing.
"Being trespassed" is a term that refers to the consequence of trespassing, if the authorized agent/owner of the property complains about it to the police. It means you receive an official warning. You get a warning because you have already broken the law, and a warning is the first step in the process.
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