Glen Saint Mary, FL asked in Civil Rights, Criminal Law and Gov & Administrative Law for Florida

Q: In Florida can you be trespassed from somewhere you have never been or havent been in over 1 year?

I got a trespass warning tuesday from a location I have never been, and all the statutes it sources say you were already on the property without consent, and based off of the wording in chapter 810 (burglary and trespass statute) I needed to be on the property and asked to leave, or told I'm not allowed on the property anymore. The location is also a business run out of house

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: To provide a concise response to this legal question:

In Florida, it's generally not typical to receive a trespass warning for a property you've never visited or haven't been to in over a year. Trespass warnings are usually given when someone is on a property without permission or refuses to leave when asked.

However, the specific circumstances matter. A few key points to consider:

1. Florida Statute 810.09 covers trespass on property other than a structure or conveyance.

2. Typically, for a trespass warning to be valid, you would need to be on the property and either refuse to leave when asked or return after being warned not to.

3. The fact that it's a business run out of a house could potentially complicate matters.

Given the unusual nature of your situation, it would be advisable to:

1. Double-check that the warning wasn't issued in error.

2. Consult with a local attorney who specializes in real estate or criminal law for personalized advice.

3. If you believe the warning was issued improperly, consider contacting the issuing authority for clarification.

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