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Florida Statute 810.12 - Full Text and Legal Analysis
Florida Statute 810.12 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 810
BURGLARY AND TRESPASS
View Entire Chapter
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.

F.S. 810.12 on Google Scholar

F.S. 810.12 on CourtListener

Amendments to 810.12


Annotations, Discussions, Cases:

Cases Citing Statute 810.12

Total Results: 5

Floyd B. Hutton, Anna v. Hutton v. Sheriff Thomas Strickland, Individually and as Sheriff of Holmes County, Florida

919 F.2d 1531, 1990 U.S. App. LEXIS 22233, 1990 WL 194407

Court of Appeals for the Eleventh Circuit | Filed: Dec 27, 1990 | Docket: 203880

Cited 70 times | Published

Florida Statutes. 9 Furthermore, under section 810.12(1), Florida Statutes, the unauthorized entry

Battiste v. Lamberti

571 F. Supp. 2d 1286, 2008 U.S. Dist. LEXIS 61191, 2008 WL 3319795

District Court, S.D. Florida | Filed: Aug 11, 2008 | Docket: 981173

Cited 4 times | Published

person to commit an act of trespass." Fla. Stat. § 810.12(1). Further, the term "authorized person" means

Beiro v. State

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

District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 64790132

Published

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

In the Interest of B.P.

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

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 64692823

Published

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

Desin v. State

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

District Court of Appeal of Florida | Filed: Sep 30, 1981 | Docket: 64585244

Published

exceptions, is a misdemeanor of the first degree. Section 810.12 makes the unauthorized entry into posted land