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Florida Statute 810.12 | Lawyer Caselaw & Research
F.S. 810.12 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 810.12

The 2023 Florida Statutes (including Special Session C)

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 Casetext

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 from cite.case.law:

ELLIOTT, v. B. WILCOX, L. B. St., 641 F. App'x 893 (11th Cir. 2016)

. . . . § 810.12 (“The unauthorized entry by any person into or upon any enclosed and posted land shall be . . .

BATTISTE, v. T. LAMBERTI,, 571 F. Supp. 2d 1286 (S.D. Fla. 2008)

. . . . § 810.12(1). . . .

UNITED STATES v. LEWIS,, 483 F.3d 871 (8th Cir. 2007)

. . . court’s denial of his motion to suppress the buccal swab evidence, alleging a violation of Iowa Code § 810.12 . . . Iowa Code § 810.12(2). . . . in the federal prosecution because the collection of the buccal swab may have violated Iowa Code § 810.12 . . .

In B. P. A. P., 610 So. 2d 625 (Fla. Dist. Ct. App. 1992)

. . . Section 810.12(1), Florida Statutes (1991), states, “The unauthorized entry by any person into or upon . . .

B. HUTTON, V. v. STRICKLAND,, 919 F.2d 1531 (11th Cir. 1990)

. . . Furthermore, under section 810.12(1), Florida Statutes, the unauthorized entry onto posted land is prima . . . land shall be prima facie evidence of the intention of such person to commit an act of trespass. § 810.12 . . .

STATE v. D. COTE, 547 So. 2d 993 (Fla. Dist. Ct. App. 1989)

. . . .-011(8), 810.09(1), 810.12, Fla.Stat. (1987). . . .

DESIN, v. STATE, 404 So. 2d 181 (Fla. Dist. Ct. App. 1981)

. . . Section 810.12 makes the unauthorized entry into posted land with a machine, tool, motor vehicle or draft . . .

STATE v. CORMIER,, 375 So. 2d 852 (Fla. 1979)

. . . acres in area on which there is a dwelling house in order to obtain the benefits of ss. 810.09 and 810.12 . . .

MIDLAND COAL CO., 1 B.T.A. 311 (B.T.A. 1925)

. . . the year 1918, but interest on the debit balance was charged to the account in the aggregate sum of $810.12 . . . During 1918 interest amounting to $810.12 was added and a payment of $524.84 was credited against such . . .