Trespassing involves the entering of another’s land without their consent or remaining after consent is withdrawn. For example, if someone who was invited to a dinner party at someone else’s home is told to leave, they must do so, or he or she will possibly face a trespassing offense. On some land, owners such as farmers post “NO TRESPASSING” signs to put potential trespassers on notice that the land is not public and to stay out. Florida law includes heavy fines and severe criminal penalties, including possible mandatory/minimum sentences of up to 25 years and maximum potential sentences of up to life. Mr. Petruzzi has represented numerous individuals charged with, or under investigation for, trespassing offenses by state authorities. His experience and knowledge serve as an invaluable asset to his clients.
Florida trespassing offenses are investigated and prosecuted by various state and local law enforcement agencies. Some common Florida statutes criminalizing trespassing include:
810.08 Trespass in structure or conveyance.—
(1) Whoever, without being authorized, licensed or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.
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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