Trespass in Florida
Trespass: unauthorized entry onto property. Types: to land, to chattels, and continuing (encroachment). FL: civil tort (sue for damages) and criminal (Section 810.08: structure; Section 810.09: property). Civil elements: ownership, unauthorized entry, and damages (actual or nominal). Defenses: consent, necessity, legal authority, and public right. Criminal: structure (2nd misdemeanor: 60 days; occupied: 1st misdemeanor: 1 year); property (1st misdemeanor; specified: 3rd felony: 5 years). Armed: enhanced.
Types
- To land, chattels, continuing
- Civil and criminal
Civil Elements
- Ownership, unauthorized entry
- Damages (actual or nominal)
- Defenses: consent, necessity
Criminal Penalties
- Structure: 60 days - 1 year
- Property: up to 5 years (felony)
- Armed: enhanced
Related Terms
- Tort — Civil wrong
Barnes Walker Litigation
Barnes Walker’s attorneys handle trespass in Florida. Request a legal inquiry for assistance.
Florida Law Reference
12 U.S.C. § 2601 et seq. (RESPA); Fla. Stat. § 627.7711
Real estate closings in Florida are governed by federal RESPA requirements and state title insurance regulations. Florida is a "title state" where closings are typically handled by title companies or attorneys.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC