[Bill14564]

Originally Posted by OrangeBlossomBaby

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:



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.

You quote it, underline it, but fail to read it. Note the conditions under both 1. and 2. that exist just beyond what you have highlighted. Those conditions are very significant.

[OrangeBlossomBaby]

Originally Posted by Bill14564

You quote it, underline it, but fail to read it. Note the conditions under both 1. and 2. that exist just beyond what you have highlighted. Those conditions are very significant.

I've read it, I understand it. Someone who shows up trying to offer you a service - who you didn't call, invite, or otherwise authorize to show up - who doesn't have a license to show up...

is breaking the law. He has to be licensed. Not being licensed is a different law, not a trespassing law. So he is breaking the law by not being licensed to show up. That makes his presence - legally - trespassing.

[Bill14564]

Originally Posted by OrangeBlossomBaby

I've read it, I understand it. Someone who shows up trying to offer you a service - who you didn't call, invite, or otherwise authorize to show up - who doesn't have a license to show up...

is breaking the law. He has to be licensed. Not being licensed is a different law, not a trespassing law. So he is breaking the law by not being licensed to show up. That makes his presence - legally - trespassing.

Maybe this will make it easier

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

Was there notice given against entering or remaining? Did the individual remain after notice was given? If not, then they are not violating the statute for trespassing.

As for licensing, did they have a license? Did anyone ask? Or, did a resident see some of "those" people in the area and immediately assume they were criminals and illegals?

Cautioning against a potential scam is great. Accusing others of being criminals based on, well, absolutely nothing is not so great.

[OrangeBlossomBaby]

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.

See that bolded underlined word? That's the word OR. It, like the word trespass, has a legal definition.

If you call the police when someone comes to your door, and you DO NOT ENGAGE with the person at your door, and the police show up, and they ask that person if they have a license to solicit - and that person does not - then they have ALREADY committed the crime of trespass. The "intent to commit a crime" is "soliciting without a license." That's why they showed up at your door. Two things happened here. First, they intended to solicit without a license. Then, they came to your house with that intent to commit that crime, which makes them illegal trespassers.

I mean jeez louise it's such a simple concept, think of them as illegals crossing the border, and it should make perfect sense.

[Bill14564]

Originally Posted by OrangeBlossomBaby

See that bolded underlined word? That's the word OR. It, like the word trespass, has a legal definition.

If you call the police when someone comes to your door, and you DO NOT ENGAGE with the person at your door, and the police show up, and they ask that person if they have a license to solicit - and that person does not - then they have ALREADY committed the crime of trespass. The "intent to commit a crime" is "soliciting without a license." That's why they showed up at your door. Two things happened here. First, they intended to solicit without a license. Then, they came to your house with that intent to commit that crime, which makes them illegal trespassers.

I mean jeez louise it's such a simple concept, think of them as illegals crossing the border, and it should make perfect sense.

It is simple but you just aren’t getting it. That’s okay, believe whatever you want to believe. If you feel strongly enough about it then call the sheriff - I’m sure they will rush out to help you answer the door and tell someone you aren’t interested… if they haven’t already moved on.