Trespass question

Can someone be arrested for "trespass" on a WMA or just cited for being on the area after hours and/or illegal entry? (ex: someone on the area at 2am and you have to be off the area at a certain time) It appears in 810FS that one can be arrested for it on state lands. However, it seems many folks have different opinions, anyone know? How is this being handled in the field?

i would imagine it all depends on the management area.some are state owned some are private owned. but when it comes down to it they are all open to the public. each wma should have its own rule and rule number about access times. i dont think you would get a tresspass conviction

The question was;

"Can someone be arrested for "trespass" on a WMA or just cited for being on the area after hours and/or illegal entry? (ex: someone on the area at 2am and you have to be off the area at a certain time)"

The answer;

Yes. That being said, every circumstance is different. The prefered charge would be under the Florida Administrative Code (FAC) that sets the hours. FAC should also set Prohibited Entry areas, and thus the prefered charge would again be under FAC.

Other variables can come into play and a tresspass charge MAY become the prefered charge, as oppossed to FAC.

Wouldnt and should not be worded, "trespass". Unlawful Entry if it applies but not trespass. Never heard of anyone being charged for trespass on state lands. I guess if the state attorney agreeed, roll the dice and see what happens.

The statute is clear. Then what is the diffenence with county lands, they charge trespass?

The statute is clear. Then what is the diffenence with county lands, they charge trespass?

County owned or maintained lands would fall under a county ordinance. Trespass after hours or some other wording might apply. State lands...nope. Like I said, I have been doing this job a very long time and have NEVER used or heard of trespass on state lands charge. IF you tell someone to leave for whatever reason, perhaps trespass after a warning would suffice for whatever you are working on. Depends on the state attorneys office in your judicial circuit. They may accept it for prosecution...or not.

The statute is clear. Then what is the diffenence with county lands, they charge trespass?

County owned or maintained lands would fall under a county ordinance. Trespass after hours or some other wording might apply. State lands...nope. Like I said, I have been doing this job a very long time and have NEVER used or heard of trespass on state lands charge. IF you tell someone to leave for whatever reason, perhaps trespass after a warning would suffice for whatever you are working on. Depends on the state attorneys office in your judicial circuit. They may accept it for prosecution...or not.

The question was "Can someone be arrested for trespass...". There were no specifics in the question such as what if the person refused to leave after being instructed.

I should have stated, technically yes... But that would be after the person refuses to leave when directed. DEP has been known to trespass people State Parks and State Lands.

Trespass after warning is still tresspass. Hook 'em and book 'em. If the SAO doesn't do their job, at least you can say you did yours!

The statute is clear. Then what is the diffenence with county lands, they charge trespass?

County owned or maintained lands would fall under a county ordinance. Trespass after hours or some other wording might apply. State lands...nope. Like I said, I have been doing this job a very long time and have NEVER used or heard of trespass on state lands charge. IF you tell someone to leave for whatever reason, perhaps trespass after a warning would suffice for whatever you are working on. Depends on the state attorneys office in your judicial circuit. They may accept it for prosecution...or not.



Maybe because old GFC had no backbone and did whatever little they had to. And, write an infraction instead of a physical arrest. The statute is very clear.

The statute is clear. Then what is the diffenence with county lands, they charge trespass?

County owned or maintained lands would fall under a county ordinance. Trespass after hours or some other wording might apply. State lands...nope. Like I said, I have been doing this job a very long time and have NEVER used or heard of trespass on state lands charge. IF you tell someone to leave for whatever reason, perhaps trespass after a warning would suffice for whatever you are working on. Depends on the state attorneys office in your judicial circuit. They may accept it for prosecution...or not.



Maybe because old GFC had no backbone and did whatever little they had to. And, write an infraction instead of a physical arrest. The statute is very clear.

To be fair, FMP didn't do many physical arrests either. I can remember one FMP BUI detail where we issued NTAs for BUI and made the defendant call a sober person to come get them!!

To be fair, FMP didn't do many physical arrests either. I can remember one FMP BUI detail where we issued NTAs for BUI and made the defendant call a sober person to come get them!!
uuhhhmnm nope! That was GFC nice try. :wink:

To be fair, FMP didn't do many physical arrests either. I can remember one FMP BUI detail where we issued NTAs for BUI and made the defendant call a sober person to come get them!!
uuhhhmnm nope! That was GFC nice try. :wink:

No that was FMP.... The detail occurred in Clearwater in the late 1990s under the direction of Capt M. R. who is now a Maj with PSCO.

The question was "Can someone be arrested for trespass...". There were no specifics in the question such as what if the person refused to leave after being instructed.

I should have stated, technically yes... But that would be after the person refuses to leave when directed. DEP has been known to trespass people State Parks and State Lands.

Trespass after warning is still tresspass. Hook 'em and book 'em. If the SAO doesn't do their job, at least you can say you did yours!

The question was, can someone be arrested on a WMA. That was the first part of the question. My answer to that stands. NO! Not for being on state land unless there are other factors. I tell you what ...you write it and see how far its goes. KNock yourself out boys. YOu will learn one day.