Florida Statute 810.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 810
BURGLARY AND TRESPASS

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F.S. 810.12

810.12 Unauthorized entry on land; prima facie evidence of trespass.—

(1) The unauthorized entry by any person into or upon any enclosed and posted land shall be prima facie evidence of the intention of such person to commit an act of trespass.

(2) The act of entry upon enclosed and posted land without permission of the owner of said land by any worker, servant, employee, or agent while actually engaged in the performance of his or her work or duties incident to such employment and while under the supervision or direction, or through the procurement, of any other person acting as supervisor, foreman, employer, or principal, or in any other capacity, shall be prima facie evidence of the causing, and of the procurement, of such act by the supervisor, foreman, employer, principal, or other person.

(3) The act committed by any person or persons of taking, transporting, operating, or driving, or the act of permitting or consenting to the taking or transporting of, any machine, tool, motor vehicle, or draft animal into or upon any enclosed and posted land without the permission of the owner of said land by any person who is not the owner of such machine, tool, vehicle, or animal, but with the knowledge or consent of the owner of such machine, tool, vehicle, or animal, or of the person then having the right to possession thereof, shall be prima facie evidence of the intent of such owner of such machine, tool, vehicle, or animal, or of the person then entitled to the possession thereof, to cause or procure an act of trespass.

(4) As used herein, the term “owner of said land” shall include the beneficial owner, lessee, occupant, or other person having any interest in said land under and by virtue of which that person is entitled to possession thereof, and shall also include the agents or authorized employees of such owner.

(5) However, this section shall not apply to any official or employee of the state or a county, municipality, or other governmental agency now authorized by law to enter upon lands or to registered engineers and surveyors and mappers authorized to enter lands pursuant to ss. 471.027 and 472.029. The provisions of this section shall not apply to the trimming or cutting of trees or timber by municipal or private public utilities, or their employees, contractors, or subcontractors, when such trimming is required for the establishment or maintenance of the service furnished by any such utility.

(6) The unlawful dumping by any person of any litter in violation of s. 403.413(4) is prima facie evidence of the intention of such person to commit an act of trespass. If any waste that is dumped in violation of s. 403.413(4) is discovered to contain any article, including, but not limited to, a letter, bill, publication, or other writing that displays the name of a person thereon, addressed to such person or in any other manner indicating that the article last belonged to such person, that discovery raises a mere inference that the person so identified has violated this section. If the court finds that the discovery of the location of the article is corroborated by the existence of an independent fact or circumstance which, standing alone, would constitute evidence sufficient to prove a violation of s. 403.413(4), such person is rebuttably presumed to have violated that section.

History.—s. 4, ch. 76-46; s. 123, ch. 94-119; s. 3, ch. 94-263; s. 1235, ch. 97-102; s. 4, ch. 2023-236.

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Amendments to 810.12

Arrestable Offenses / Crimes under Fla. Stat. 810.12

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 810.12.

Annotations, Discussions, Cases:

Cases Citing Statute 810.12

Total Results: 11

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-01-07

Citation: 166 So. 3d 817, 2015 Fla. App. LEXIS 101, 2015 WL 72231

Snippet: treatment. See State v. Morival, 75 So.3d 810, 810-12 (Fla. 2d DCA 2011). Indeed, in Morival, this court

Keith Lines v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-07-23

Citation: 143 So. 3d 1018, 2014 WL 3605630, 2014 Fla. App. LEXIS 11173

Snippet: contends that Crum v. State, 398 So.2d 810, 810-12 (Fla.1981), required a severance. He argues that

In Re Amend. to Florida Family Law Rules

Court: Supreme Court of Florida | Date Filed: 2008-10-16

Citation: 995 So. 2d 407, 33 Fla. L. Weekly Supp. 834, 2008 Fla. LEXIS 1976, 2008 WL 4587198

Snippet: Petition for Simplified Dissolution of Marriage; (810) 12.902(b), Family Law Financial Affidavit (Short Form);

Beiro v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-01-20

Citation: 739 So. 2d 99, 1999 Fla. App. LEXIS 309, 1999 WL 19135

Snippet: which enumerates level seven offenses, to section 810.0012(3)(c), is, according to the footnote to this subsection

Phillips v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-07-16

Citation: 696 So. 2d 545, 1997 Fla. App. LEXIS 8150, 1997 WL 395232

Snippet: degree felony. See State v. Lee, 647 So.2d 810, 810-12 (Fla.1994). In the trial court, defendant took

In the Interest of B.P.

Court: District Court of Appeal of Florida | Date Filed: 1992-12-15

Citation: 610 So. 2d 625, 1992 Fla. App. LEXIS 12810

Snippet: property other than a structure or conveyance. Section 810.12(1), Florida Statutes (1991), states, “The unauthorized

Kopko v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-04-18

Citation: 577 So. 2d 956, 1991 WL 16299

Snippet: Kester, 797 S.W.2d at 706; Cogburn, 732 S.W.2d at 810. [12] E.g., Allison v. State, 162 So.2d at 924. For

Yurgel v. Yurgel

Court: Supreme Court of Florida | Date Filed: 1990-11-01

Citation: 572 So. 2d 1327, 1990 WL 172775

Snippet: Recognition, & Enforcement, 66 Minn.L.Rev. 711, 810-12 (1982). Bodenheimer went on to explain: The UCCJA

State v. Cote

Court: District Court of Appeal of Florida | Date Filed: 1989-08-09

Citation: 547 So. 2d 993, 1989 WL 88013

Snippet: 819.011(5), 810.011(7), 810.011(8), 810.09(1), 810.12, Fla. Stat. (1987). The trial court was persuaded

Desin v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-09-30

Citation: 404 So. 2d 181, 1981 Fla. App. LEXIS 21230

Snippet: is a misdemeanor of the first degree. Section 810.12 makes the unauthorized entry into posted land with

State v. Cormier

Court: Supreme Court of Florida | Date Filed: 1979-09-27

Citation: 375 So. 2d 852

Snippet: order to obtain the benefits of ss. 810.09 and 810.12 pertaining to trespass on enclosed lands. (5) "Cultivated