Tresspassing Laws in Florida - Basic info

[SWFRider]

As a former law enforcement officer I am seeing a increase in enforcement that is wrong by law enforcement here in florida. Punishment of all ATVer's for what one or two are doing is not legal or in the best interest of the law. Example if someone is Wreckless driving you dont go and arrest everyone for driving cars. Hence, if someone is riding their ATV's illegally or recklessly or disturbing the peace you dont go and crack down on every ATVer you see. This is essentialy what Florida is doing. For those of you that have State/Public lands for riding you havent felt the impact yet. Under the LAW in florida we have paid , by registraion , taxes and other fees to have more lands set aside for OHV riding. WHAT THE HELL ARE THEY DOING WITH THE MONEY !  Even though we have tons of land in our area that is away from deveopment we cant legaly ride.
Here is something else to think about. The main reasons for cracking down on ATV riding is complaints from the public. However local govements are now enacting blanket laws to cover absentee land owners for tresspassing without signs. As a former law enforcement officer we were not allowed to right any tickets or enforce any local or state laws reguarding tresspassing were no signs have been posted and even then a warning must be written first and on record. State law is very specific about this. Exceptions to this are Farms , Cultivated or fenced land. Basicaly if you can walk on open land without getting a tresspass , then you can ride an ATV or off road vehicle. Private land is not enforceable without a tresspass sign ( exception listed below) , the sign acts a warning. Removing the signs unlawfully is a crime in itelf so not putting them in is no excuse.
Exception : Cape Coral made an exception to this by creating a local ordance to forbid riding of OHV vehicles on vacant lands. Until this is challenged in court and overturned then you can get an ordance violation ticket or arrest. Ordances are City goverment only enforceable. Unless a county enacts their own and so forth.

General Tresspassing is covered under
FL Statue 810 5(a) (b) it also requires that lands with tresspasing signs must have one posted no more than 500 Ft apart. A fence is protected land with or without a sign.

Last word on this is , if you get a ticket and you dont fight it, then illegal use of this law by law enforcement will continue. Get a lawyer. Or join a organization that will fight for these rights.

I believe a Class Action Lawsuit against Florida is in order. For all we know the money is going to developers and missused in other projects.

Any Lawyers out their - feel free to chime in !

Create more legal riding areas and these problems will diminish. Florida is ranked about 3rd in the nation for ATV sales. It seems our law enforcement and goverment officials are not in tune with this sport.

Last thought: If boating in florida had this problem dont you think that industry would do something about it. DEALERS , RIDERS and MAKERS need to unite on this front.

[Southern4x4]

Last thought: If boating in florida had this problem dont you think that industry would do something about it. DEALERS , RIDERS and MAKERS need to unite on this front.

I agree we all need to unite because with out many supporters this sport will die.More peple need to get involved.Also the dealers they should sponser some type of land espcially designed for the atvs and other recreational vehicals.If Florida is the 3rd most atv selling state in the nation dont you think we should have more riding spots.I mean come on,we are paying for these atvs dont you think some of that money should go to a designated riding spot just for atv use.Lack of riding is why more people are starting to tresspass on other peoples land.Were stuck in a rut.

[yunt2ride]

I always wondered why the state can build these greenway trail system. Paved for miles and miles and bridges built for people to walk on. Why can't they put a limerock trail beside them and have a speed limit and stop signs at each crossing. I know some people would violate the rules but have cops watching the area and give out tickets to violators. I would like to ride beside them and just enjoy the outdoors. even if I have to drive slow. It would be a benefit for everyone involved and the government would get more income from people caught speeding on them and not stopping at cross raods and the taxes they would receive from more ATV sales. Even older people would go buy ATVs just to ride it and get out of the house. Their electric carts won't let them go to far down them but ATVs would. The state has laws for driving your car to fast and not stopping for stop signs so let that be the same. People will get killed for not abiding by the rules but that is usually how they get killed on them nowadays. For driving on streets that they are not supposed to be on and not stopping for intersections.

[mainetoo2005]

I know there are a hundred reasons why this can't happen... but when I ride down the interstate and see and the empty land on each side it really makes me think "what if?" Keep in mind that the large spaces are right of ways and are owned by the state for further expansion. Imaging going trail riding for hundreds of miles. Northbound side for northbound ATV traffic and southbound for southbound ATV traffic. Just me thinking....

On a "more likely" note. I too have thought about the Greenways and Rails to Trails projects being a natural for an ATV trail.

How come in Florida... a republican state... this doesn't happen but in the northeast... a democratic (read tree hugger) state it is happening now and has been for years?

[indianjoe]

Go to this post and it might answer some of your questions;

http://www.atvflorida.com/forum/index.php/topic,8607.0.html


The OHV Comm. is very dedicated on trying to find new areas to open to ride on. The idea that there are millions of dollars available to buy land from the registration money isn't true. With the price of land today and finding suitable pieces of land the task is not easy. I encourage everyone to try and attend one of these meetings as they are held in various locations around the state. I myself have mentioned the former groves that have been plowed up due to canker but there are still regulations covering the use of that land. A member of the office of greenways and trails is also part of this comm. The comm. opposed the purchase of the Babcock Ranch in s.w. Florida  with the deed restrictions that required no OHV use on the land.  The legislature is the key to alot of this and I see alot of people writing letters to the govenor about needing places to ride and the OHV Comm. Members. these letters are good but, we must remmber the legislatures. We all have local senators and Reps. for our districts letters need to go to them too.

[qt314nfla]

There is a woman on this site named Lisa who has been very active in trying to really do something.  She is a member of a jeepers association but knows that ALL us offroaders need to unite to be heard.  So she started posting on the site and going to the meetings, and asking if we would like her to represent us.  I believe we answered yes because we are all very busy in our lives and would appreciate the help.

However, she is not a rich woman and needs help funding her actions.  With the cost of gas and a place to stay and food to drive from Orlando up to Tallahassee she has asked for our support.  I know myself I have given her money on 2 occasions to show my support for what she is attempting to do.  On one occasion the paypal didn't go through and I didn't realize it till it was too late, but I would have sent her something again and will continue to do such.

For anyone interested in taking a roll and getting on the same page together she would be a great leader and person to support.  If you don't have money donate time and visa versa.  We all are able to pay for our riding trips.  So give up a weekend and the funds it takes for that weekend to create a better future for our sport.

We can all do something it's just that most of us are unwilling to make any sacrifice in the least to be a part of the cause.

[bluesman]

amen

[Dr.Dirt]

What would you have to do to challenge the law in Cape Coral about riding in vacant land? I want to do something about this so that they can't ticket us for riding in an area that is neither fenced or posted.

[PBSO_ATV_Deputy_4]

Below is the Florida State Statute 810.09 Trespass on Property. I recommend reviewing it before making any challenges in court. A basic rule of thumb is, if it's not your property, and the owner hasn't given you permission to ride there, chances are, you are trespassing. Regardless of whether the property is fenced, posted, or surrounded by a canal, someone owns it. Law Enforcement Officers are not going to risk their jobs and face lawsuits by enforcing trespass laws on a property unless the property owner has requested the enforcement.

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.

(b)  As used in this section, the term "unenclosed curtilage" means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.

(2)(a)  Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b)  If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person, or if the offender willfully opens any door, fence, or gate or does any act that exposes animals, crops, or other property to waste, destruction, or freedom; unlawfully dumps litter on property; or trespasses on property other than a structure or conveyance, the offender commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c)  If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property other than a structure or conveyance, he or she is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention in compliance with the requirements of this paragraph does not result in criminal or civil liability for false arrest, false imprisonment, or unlawful detention.
(d)  The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed is a construction site that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."
(e)  The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is commercial horticulture property and the property is legally posted and identified in substantially the following manner: "THIS AREA IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."
(f)  The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural site for testing or research purposes that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."
(g)  Any person who in taking or attempting to take any animal described in s. 372.001(10) or (11), or in killing, attempting to kill, or endangering any animal described in s. 585.01(13) knowingly propels or causes to be propelled any potentially lethal projectile over or across private land without authorization commits trespass, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this paragraph, the term "potentially lethal projectile" includes any projectile launched from any firearm, bow, crossbow, or similar tensile device. This section shall not apply to any governmental agent or employee acting within the scope of his or her official duties.

(3)  As used in this section, the term "authorized person" or "person authorized" means any owner, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner, or his or her agent, to communicate an order to leave the property in the case of a threat to public safety or welfare.

[khooping]

Hello Everyone-

3 1/2 yrs. ago (and before as I understand it....for spotty periods of time) we had a great place to ride in Palm Bay.  It was frequented for the most part, by responsible individuals and families on the weekends, and week day evenings.  Don't get me wrong, rumor has it that it was also be a place for mischievous activities and I'm only referring to the ATV/Motorcycle activity.  It was an area that was abandoned by General Development Corp back in the early 90's when they went bankrupt.  It's gridded, roads are paved (although some in poor shape), canals are cut,  many lots owned by individuals, and now a lot owned by developers.  2 yrs. ago it became very popular and unfortunately drew a fairly unscrupulous crowd of people who littered, raced on the blacktop roads, drank while riding,  road without helmets, got hurt, road on the outskirts near private homes, etc.... you know the drill.  It drew media attention and shortly after a story ran in the local paper (Florida Today) it was only a matter of months before an ordinance (I've included the link below) was passed prohibiting ATV/motorcycle riding etc.. in this area.  Below is a link which describes the action taken by the city.  I also own land at Holopaw and just came back from riding 2 days at Croom this week.  While I like riding at both of these places and I wouldn't mind trying out River Ranch, I'd much prefer to have land that's close that we all have access together.  Financially, it's not practical for us to go out and buy land to ride on. However, as noted before in some of these posts, I would like to join a collaborative effort to utilize our tax money in order to open more land in Florida (particularly on the east coast of Florida)  Can someone post a short summary of the actions that are currently in process to obtain and set aside land for our sport?I think a short summary with the pro's and con's could help educate myself and others in the group.  We could then take some immediate action to petition our local and state representatives.  Believe me, if our state is the 3rd largest market for ATV's in the country, we have a loud voice.  The only question is, will we open it and do we have the intestinal fortitude to see it through. 

Thanks

Kevin

http://www.palmbayflorida.org/Public%20Information/off_road_vehicle_notice.htm