Florida State Law: Burglary and Trespass FSS 810
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Questions and Answers

What is the minimum height of the letters required on 'no trespassing' signs placed on posted land?

  • 1 inch
  • 4 inches
  • 2 inches (correct)
  • 3 inches
  • What is the purpose of painting 'no trespassing' notices on trees or posts on the property?

  • To provide information about the landowner
  • To mark the boundary of the property
  • To identify a 'no trespassing' area (correct)
  • To indicate the presence of a fence
  • What is considered as 'enclosed land' under this chapter?

  • Land with a fence of substantial construction (correct)
  • Land with a dwelling house
  • Land less than 5 acres in area
  • All of the above
  • What is 'litter' according to the chapter?

    <p>Any garbage, rubbish, trash, refuse, debris, and other substances</p> Signup and view all the answers

    What is 'dumping' according to the chapter?

    <p>To dump, throw, discard, place, deposit, or dispose of any litter</p> Signup and view all the answers

    What is 'commercial horticulture property'?

    <p>Property cleared of natural vegetation and planted with commercially cultivated horticulture products</p> Signup and view all the answers

    What is an 'agricultural chemicals manufacturing facility'?

    <p>Facility used for the manufacture, processing, or storage of agricultural chemicals</p> Signup and view all the answers

    How often should 'no trespassing' signs be placed along the boundary line of posted land?

    <p>At least every 500 feet</p> Signup and view all the answers

    What is 'cultivated land' according to the chapter?

    <p>Land cleared of its natural vegetation and is presently planted with a crop, orchard, grove, pasture, or trees</p> Signup and view all the answers

    When is it not necessary to give notice by posting on enclosed land?

    <p>When the land has a dwelling house</p> Signup and view all the answers

    What is the definition of 'structure' in this chapter?

    <p>A building of any kind, including a temporary or permanent building, with a roof over it, together with the curtilage thereof.</p> Signup and view all the answers

    What is the definition of 'dwelling' in this chapter?

    <p>A building or conveyance of any kind, including any attached porch, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof.</p> Signup and view all the answers

    What is the definition of 'conveyance' in this chapter?

    <p>Any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car, or such portions thereof as exist.</p> Signup and view all the answers

    When is an act considered to be 'in the course of committing' an offense?

    <p>When it occurs in an attempt to commit the offense or in flight after the attempt or commission.</p> Signup and view all the answers

    What is the main difference between the definition of 'structure' during a state of emergency and in normal situations?

    <p>The definition includes portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof, during a state of emergency.</p> Signup and view all the answers

    What is the main difference between the definition of 'dwelling' during a state of emergency and in normal situations?

    <p>The definition includes such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof, during a state of emergency.</p> Signup and view all the answers

    What is the main difference between the definition of 'conveyance' during a state of emergency and in normal situations?

    <p>The definition includes such portions thereof as exist, during a state of emergency.</p> Signup and view all the answers

    What is the purpose of defining these terms in this chapter?

    <p>To provide a specific understanding of the terms for the purpose of ss. 810.02 and 810.08.</p> Signup and view all the answers

    What is the definition of a construction site according to the given content?

    <p>A property with construction that is subject to building permit posting requirements</p> Signup and view all the answers

    What is the intent of the Legislature regarding the holding in Delgado v. State?

    <p>To nullify the holding in Delgado v. State</p> Signup and view all the answers

    What is the effective date of the construction of s. 810.02(1)(a) in conformity with Raleigh v. State?

    <p>February 1, 2000</p> Signup and view all the answers

    What is the definition of burglary for offenses committed on or before July 1, 2001?

    <p>Entering a dwelling, structure, or conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain</p> Signup and view all the answers

    What is the definition of burglary for offenses committed after July 1, 2001?

    <p>Entering a dwelling, structure, or conveyance with the intent to commit an offense therein, or remaining in a dwelling, structure, or conveyance with the intent to commit an offense therein</p> Signup and view all the answers

    What is the effect of the Legislature's intent on the holding in Delgado v. State?

    <p>The holding in Delgado v. State is nullified</p> Signup and view all the answers

    What is the special rule of construction for subsection (1) of s. 810.015?

    <p>All of the above</p> Signup and view all the answers

    What is the date before which the law relating to burglary was untainted by Delgado v. State?

    <p>February 1, 2000</p> Signup and view all the answers

    What is the effect of the Legislature's intent on the cases of Floyd v. State, Fitzpatrick v. State, and State v. Ruiz/State v. Braggs?

    <p>The cases are given no effect</p> Signup and view all the answers

    What is the applicability of s. 810.015?

    <p>It applies retroactively and prospectively</p> Signup and view all the answers

    What is the penalty for trespassing on property other than a structure or conveyance if the offender defies an order to leave?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What can an owner or authorized person do to someone who trespasses on their property?

    <p>Take them into custody and detain them</p> Signup and view all the answers

    What is the penalty for trespassing on a construction site that is over 1 acre in area and legally posted?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the purpose of posting signs on construction sites?

    <p>To deter trespassers and notify them of the potential penalty</p> Signup and view all the answers

    What happens if a person is taken into custody for trespassing and a law enforcement officer is not called?

    <p>Nothing, as long as it was done in a reasonable manner</p> Signup and view all the answers

    What is a requirement for a construction site of 1 acre or less to be considered a designated construction site?

    <p>The site must be legally posted and identified with a sign</p> Signup and view all the answers

    What is the penalty for trespassing on commercial horticulture property that is legally posted?

    <p>Felony of the third degree</p> Signup and view all the answers

    What must an owner or authorized person do after taking someone into custody for trespassing?

    <p>Call the police as soon as practicable</p> Signup and view all the answers

    What is the maximum punishment for a burglary offense if the offender makes an assault or battery upon any person?

    <p>Imprisonment for a term of years not exceeding life imprisonment</p> Signup and view all the answers

    Under what circumstance can a burglary offense be reclassified as a felony of the first degree?

    <p>If the burglary is committed during a riot or an aggravated riot prohibited under s. 870.01</p> Signup and view all the answers

    What is the punishment for a burglary offense if the offender does not make an assault or battery and is not armed with a dangerous weapon?

    <p>Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What is considered as 'conditions arising from the emergency'?

    <p>All of the above</p> Signup and view all the answers

    What happens to a person arrested for committing a burglary during a riot or an aggravated riot or within a county that is subject to a state of emergency?

    <p>The person is not released until they appear before a committing magistrate at a first appearance hearing</p> Signup and view all the answers

    What is the ranking of a felony offense that is reclassified under this subsection for sentencing purposes?

    <p>One level above the ranking under s. 921.0022 or s. 921.0023</p> Signup and view all the answers

    What is the punishment for a burglary offense if the offender enters an occupied dwelling and damages the dwelling?

    <p>Felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment</p> Signup and view all the answers

    What is considered as 'conditions arising from the riot'?

    <p>All of the above</p> Signup and view all the answers

    Can separate judgments and sentences be imposed for burglary with the intent to commit theft of a controlled substance and for any applicable possession of controlled substance offense?

    <p>Yes</p> Signup and view all the answers

    What is the ranking of a burglary offense if the offender enters an authorized emergency vehicle?

    <p>Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What is the punishment for a burglary committed during a riot or an aggravated riot?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the punishment for possessing burglary tools?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the term for entering a structure or conveyance at any time stealthily and without consent of the owner or occupant?

    <p>Burglary</p> Signup and view all the answers

    What is the punishment for impairing or impeding telephone or power to a dwelling?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the ranking of a felony offense that is reclassified under s. 810.06?

    <p>One level above the ranking under s. 921.0022</p> Signup and view all the answers

    What is the condition for a burglary to be a felony of the third degree?

    <p>The offender enters or remains in a structure or conveyance with no other person present</p> Signup and view all the answers

    What is the purpose of damaging a wire or line that transmits or conveys telephone or power to a dwelling?

    <p>To facilitate or further a burglary</p> Signup and view all the answers

    What is the term for the act of entering a structure or conveyance without consent of the owner or occupant?

    <p>Burglary</p> Signup and view all the answers

    What is the consequence of committing a burglary during a riot or an aggravated riot?

    <p>The offender is guilty of a felony of the second degree</p> Signup and view all the answers

    What is the term for the act of impairing or impeding telephone or power transmission or conveyance?

    <p>Impeding telephone or power</p> Signup and view all the answers

    What is prima facie evidence of attempting to enter with intent to commit an offense?

    <p>Proof of the attempt to enter at any time stealthily and without the consent of the owner or occupant</p> Signup and view all the answers

    What is the penalty for trespass in a structure or conveyance if there is a human being in the structure or conveyance at the time the offender trespassed?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    Who can take into custody and detain a person for trespassing in a structure or conveyance?

    <p>Any owner or person authorized by the owner</p> Signup and view all the answers

    What is the term for an owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee?

    <p>Person authorized</p> Signup and view all the answers

    What is the penalty for trespass in a structure or conveyance if the offender is armed with a firearm or other dangerous weapon?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the term for the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling?

    <p>Curtilage</p> Signup and view all the answers

    What is the offense committed if a person enters or remains in any property other than a structure or conveyance with the intent to commit an offense thereon?

    <p>Trespass on property other than a structure or conveyance</p> Signup and view all the answers

    What is the requirement for a person to be found guilty of trespass in a structure or conveyance?

    <p>The person must have entered or remained in the structure or conveyance without being authorized, licensed, or invited</p> Signup and view all the answers

    What is the purpose of giving notice against entering or remaining in a property?

    <p>To prevent trespassing</p> Signup and view all the answers

    What is the penalty for trespass on property other than a structure or conveyance?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    If someone trespasses on a commercial property for horticulture products, what offense will they commit?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the penalty for trespassing on an agricultural site for testing or research purposes that is legally posted?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the penalty for trespassing on a domestic violence center that is certified under s. 39.905 and legally posted?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the offense committed by someone who propels or causes to be propelled any potentially lethal projectile over or across private land without authorization while taking or attempting to take certain animals?

    <p>Felony of the third degree</p> Signup and view all the answers

    Who is exempt from the trespass law if they are taking or attempting to take certain animals?

    <p>Any governmental agent or employee</p> Signup and view all the answers

    What is the penalty for killing, attempting to kill, or endangering certain animals while trespassing?

    <p>Felony of the third degree</p> Signup and view all the answers

    What type of projectile is included in the definition of potentially lethal projectile?

    <p>Any projectile launched from any firearm, bow, crossbow, or similar tensile device</p> Signup and view all the answers

    What is the requirement for the posting of signs on certain properties to warn against trespassing?

    <p>The signs must be posted in substantially the following manner</p> Signup and view all the answers

    What is the penalty for trespassing on an agricultural chemicals manufacturing facility that is legally posted and identified?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the term for a person who is authorized to communicate an order to leave the property in the case of a threat to public safety or welfare?

    <p>Authorized person</p> Signup and view all the answers

    What is the penalty for trespassing on school property with a firearm or other weapon?

    <p>Felony of the third degree</p> Signup and view all the answers

    Who can take a person into custody if they are trespassing on school grounds?

    <p>The chief administrative officer of a school or any employee designated by them</p> Signup and view all the answers

    What is the definition of 'school property' according to the given content?

    <p>The grounds or facility of any kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic</p> Signup and view all the answers

    What is the penalty for trespassing upon the grounds of a school facility without legitimate business or authorization?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    Who is exempt from the provisions of this section regarding school safety zones?

    <p>Residents of the area</p> Signup and view all the answers

    What is the term used to describe the area around a school?

    <p>School safety zone</p> Signup and view all the answers

    What is the penalty for willfully removing or destroying a posted notice on legally enclosed or posted land?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is the penalty for trespassing upon the grounds of a school facility after being directed to leave by the principal or their designee?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What happens when a person is taken into custody for trespassing on school grounds?

    <p>They are detained until a law enforcement officer arrives</p> Signup and view all the answers

    What is prohibited on land or trees adjacent to public highways without the owner's consent?

    <p>Placing signs</p> Signup and view all the answers

    What is the term for any portion of an airport to which access by the public is prohibited by fences or appropriate signs?

    <p>Operational area of an airport</p> Signup and view all the answers

    What is the penalty for trespassing on a school safety zone?

    <p>A misdemeanor of the second degree</p> Signup and view all the answers

    What is the penalty for trespassing on the operational area of an airport that is legally posted and identified?

    <p>Felony of the third degree</p> Signup and view all the answers

    When can a person be prohibited from loitering in a school safety zone?

    <p>During school sessions and 1 hour before and after</p> Signup and view all the answers

    Who is guilty of a misdemeanor of the second degree for violating the section on placing signs adjacent to highways?

    <p>The person who places the sign</p> Signup and view all the answers

    What is the penalty for breaking or injuring a fence belonging to or enclosing land not one's own?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is the term for a person who enters or remains upon the campus or other facility of a school without legitimate business or authorization?

    <p>Trespasser</p> Signup and view all the answers

    What is the requirement for a principal or designee to notify the appropriate law enforcement agency?

    <p>To prohibit any person from loitering in the school safety zone without legitimate business</p> Signup and view all the answers

    What happens if the fence broken or injured is used to contain animals at the time of the offense?

    <p>The penalty is increased to a felony of the third degree</p> Signup and view all the answers

    Who is not liable for false arrest, false imprisonment, or unlawful detention when taking a person into custody for trespassing?

    <p>The chief administrative officer of a school or their designated employee</p> Signup and view all the answers

    What is the penalty for trespassing on school property with the intent to injure another person, damage property, or impede the operation or use of an aircraft?

    <p>Felony of the third degree</p> Signup and view all the answers

    What may the court require as a result of breaking or injuring a fence?

    <p>Full compensation to the owner of the fence</p> Signup and view all the answers

    What is the purpose of the statute regarding trespassing on school grounds?

    <p>To prohibit trespassing on school grounds and ensure school safety</p> Signup and view all the answers

    What happens when a law enforcement officer is called to the scene after a person is taken into custody for trespassing?

    <p>The officer arrests the person</p> Signup and view all the answers

    What is the purpose of the section on school safety zones?

    <p>To protect students from harassment</p> Signup and view all the answers

    Who may request a person to leave the school safety zone?

    <p>The principal or designee</p> Signup and view all the answers

    What is the definition of a school safety zone?

    <p>The area in, on, or within 500 feet of any real property owned by or leased to a school or school board</p> Signup and view all the answers

    What happens if a person willfully fails to remove themselves from the school safety zone after being requested to do so?

    <p>They are guilty of a misdemeanor of the second degree</p> Signup and view all the answers

    What is prima facie evidence of the intention of a person to commit an act of trespass?

    <p>Unauthorized entry into or upon any enclosed and posted land</p> Signup and view all the answers

    Who is exempt from the provisions of this section?

    <p>Registered engineers and surveyors</p> Signup and view all the answers

    What is considered as prima facie evidence of the causing, and of the procurement, of an act of trespass?

    <p>The act of a worker, servant, employee, or agent while actually engaged in the performance of their duties</p> Signup and view all the answers

    What is prima facie evidence of the intent of the owner of a machine, tool, vehicle, or draft animal to cause or procure an act of trespass?

    <p>The act of taking, operating, or driving a machine, tool, vehicle, or draft animal into or upon enclosed and posted land without permission</p> Signup and view all the answers

    What is considered as an 'owner of said land' under this section?

    <p>The beneficial owner, lessee, occupant, or other person having any interest in the land</p> Signup and view all the answers

    What is exempt from the provisions of this section?

    <p>The trimming or cutting of trees or timber by municipal or private public utilities</p> Signup and view all the answers

    What is considered as prima facie evidence of the intention of a person to commit an act of trespass?

    <p>The unauthorized dumping of litter on posted land</p> Signup and view all the answers

    What raises a mere inference that a person has violated this section?

    <p>The discovery of an article that displays the person's name on posted land</p> Signup and view all the answers

    What is rebuttably presumed if the court finds that the discovery of the location of the article is corroborated by an independent fact?

    <p>That the person violated this section</p> Signup and view all the answers

    What is not considered as an act of trespass under this section?

    <p>The entry upon lands by registered engineers and surveyors</p> Signup and view all the answers

    What is a speleogen?

    <p>An erosional feature of a cave boundary</p> Signup and view all the answers

    What is unlawful according to subsection (2)?

    <p>Damaging or destroying cave surfaces without permission</p> Signup and view all the answers

    What is prohibited according to subsection (3)?

    <p>Removing or harming naturally occurring organisms in a cave</p> Signup and view all the answers

    What is unlawful according to subsection (4)?

    <p>Storing or dumping hazardous materials in a cave</p> Signup and view all the answers

    What is prohibited according to subsection (5)?

    <p>Selling or offering speleothems for sale</p> Signup and view all the answers

    What is the penalty for violating subsection (2), (3), (4), or (5)?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is voyeurism according to the law?

    <p>Secretly observing another person with lewd, lascivious, or indecent intent</p> Signup and view all the answers

    What is considered an 'intimate area' in the context of voyeurism?

    <p>Any portion of a person's body or undergarments that is covered by clothing</p> Signup and view all the answers

    What is the penalty for a first violation of voyeurism?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is the purpose of the law regarding caves and voyeurism?

    <p>To protect the environment and ecosystem of caves</p> Signup and view all the answers

    What is the term for electronically transmitting a visual image with the intent that it be viewed by another person?

    <p>Broadcast</p> Signup and view all the answers

    What is considered a place and time when a person has a reasonable expectation of privacy?

    <p>A residential dwelling</p> Signup and view all the answers

    What is the offense committed if a person uses an imaging device to secretly view or record a person without their knowledge and consent?

    <p>Video voyeurism</p> Signup and view all the answers

    What is the offense committed if a person disseminates, distributes, or transfers an image to another person for the purpose of amusement or profit?

    <p>Video voyeurism dissemination</p> Signup and view all the answers

    What is the offense committed if a person sells an image created in a manner described in this section?

    <p>Commercial video voyeurism dissemination</p> Signup and view all the answers

    What is the penalty for a person who commits video voyeurism and has been previously convicted or adjudicated delinquent two or more times?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the purpose of the imaging device in the context of video voyeurism?

    <p>To record or broadcast a person's undressing</p> Signup and view all the answers

    What is the condition for a person to be considered as having a reasonable expectation of privacy?

    <p>The person is in a private place and has a reasonable expectation of privacy</p> Signup and view all the answers

    What is the offense committed if a person permits the use or installation of an imaging device to secretly view or record a person without their knowledge and consent?

    <p>Video voyeurism</p> Signup and view all the answers

    What is the purpose of the statue regarding video voyeurism?

    <p>To protect people's privacy</p> Signup and view all the answers

    What is excluded from the definition of a 'cave' in this chapter?

    <p>Mine</p> Signup and view all the answers

    Who is exempt from liability for negligence related to agricultural real property?

    <p>A person who owns, controls, or possesses an interest in agricultural real property</p> Signup and view all the answers

    What is the definition of 'cave life' in this chapter?

    <p>Any life form that is indigenous to a cave or to a cave ecosystem</p> Signup and view all the answers

    What is the definition of 'owner' in this chapter?

    <p>A person who owns title to land where a cave is located</p> Signup and view all the answers

    What is the definition of a 'sinkhole' in this chapter?

    <p>A closed topographic depression or basin, generally draining underground</p> Signup and view all the answers

    What is the purpose of defining 'cave', 'cave life', and other related terms in this chapter?

    <p>To establish the rights and responsibilities of cave owners and explorers</p> Signup and view all the answers

    What is the significance of Gate in the context of cave vandalism?

    <p>It is a structure or device that limits or prohibits access to a cave</p> Signup and view all the answers

    What is the effect of s. 810.125 on the liability of individuals owning, controlling, or possessing an interest in agricultural real property?

    <p>It exempts them from liability for negligence related to the property</p> Signup and view all the answers

    Which of the following does not apply to the exceptions to the definition of video surveillance?

    <p>Private investigate agency conducting surveillance for a personal purpose</p> Signup and view all the answers

    A person who is under 19 years of age and violates this section commits a:

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    A person who violates this section and has previously been convicted of or adjudicated delinquent for any violation of this section commits a:

    <p>Felony of the second degree</p> Signup and view all the answers

    Who is responsible for the welfare of a child and commits an offense under this section against that child?

    <p>A person who is 18 years of age or older</p> Signup and view all the answers

    A person who is employed at a private school and commits an offense under this section against a student of the private school commits a:

    <p>Felony of the second degree</p> Signup and view all the answers

    A person who is 24 years of age or older and commits an offense under this section against a child younger than 16 years of age commits a:

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the term for a building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families?

    <p>Dwelling</p> Signup and view all the answers

    It is unlawful for a person to picket or protest before or about the dwelling of any person with the intent to:

    <p>Harass or disturb that person in their dwelling</p> Signup and view all the answers

    A person who violates the section on residential picketing commits a:

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    What is the penalty for violating the section on residential picketing?

    <p>Punishable as provided in s. 775.082 or s. 775.083</p> Signup and view all the answers

    Study Notes

    Definitions

    • "Structure" means a building of any kind, either temporary or permanent, with a roof, including the curtilage (area surrounding the building)
    • "Dwelling" means a building or conveyance (e.g. mobile home) with a roof, designed to be occupied by people, including the curtilage
    • "Conveyance" means a vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car
    • "Posted land" means land with signs indicating no trespassing, with the owner's name and a clear notice of no trespassing
    • "Cultivated land" means land cleared of natural vegetation and planted with a crop, orchard, grove, pasture, or trees
    • "Fenced land" means land enclosed by a fence of substantial construction
    • "Litter" means garbage, rubbish, trash, or any discarded material
    • "Dump" means to dispose of litter
    • "Commercial horticulture property" means property planted with commercially cultivated horticulture products
    • "Agricultural chemicals manufacturing facility" means a facility used for manufacturing, processing, or storing agricultural chemicals

    Burglary

    • "Burglary" means entering or remaining in a dwelling, structure, or conveyance with the intent to commit an offense
    • For offenses committed on or before July 1, 2001, "burglary" means entering or remaining in a dwelling, structure, or conveyance with the intent to commit an offense, unless the premises are open to the public or the defendant is licensed or invited to enter
    • For offenses committed after July 1, 2001, "burglary" means:
      • Entering a dwelling, structure, or conveyance with the intent to commit an offense
      • Remaining in a dwelling, structure, or conveyance surreptitiously, after permission to remain has been withdrawn, or to commit or attempt to commit a forcible felony
    • Burglary is a felony of the first degree if:
      • The offender makes an assault or battery on any person
      • The offender is or becomes armed with a dangerous weapon or explosive
      • The offender enters an occupied or unoccupied dwelling or structure and damages the property
    • Burglary is a felony of the second degree if:
      • The offender enters a dwelling, structure, or conveyance and there is another person present
      • The offender enters a structure or conveyance when the offense intended to be committed is theft of a controlled substance
    • Burglary is a felony of the third degree if:
      • The offender enters a structure or conveyance and there is no other person present
      • The offender enters a structure or conveyance during a riot or state of emergency

    Possession of Burglary Tools

    • Whoever possesses any tool, machine, or implement with the intent to use it to commit a burglary or trespass is guilty of a felony of the third degree

    Impairing or Impeding Telephone or Power to a Dwelling

    • Whoever damages or impairs telephone or power transmission to a dwelling for the purpose of facilitating or furthering a burglary commits a felony of the third degree

    Prima Facie Evidence of Intent

    • Proof of entering a structure or conveyance stealthily and without consent is prima facie evidence of entering with intent to commit an offense
    • Proof of attempting to enter a structure or conveyance stealthily and without consent is prima facie evidence of attempting to enter with intent to commit an offense

    Trespass in Structure or Conveyance

    • Whoever, without being authorized, licensed, or invited, willfully enters or remains in a structure or conveyance, or refuses to depart after being warned, commits the offense of trespass in a structure or conveyance

    • Trespass in a structure or conveyance is a misdemeanor of the second degree, unless:

      • There is a human being in the structure or conveyance, in which case it is a misdemeanor of the first degree
      • The offender is armed with a firearm or other dangerous weapon, in which case it is a felony of the third degree### Trespass on Property Other than Structure or Conveyance
    • A person who enters or remains on someone else's property without authorization, license, or invitation, and willfully ignores notice to leave, commits trespass on property other than a structure or conveyance.

    Notice Against Entering or Remaining

    • Notice can be given through:
      • Actual communication to the offender
      • Posting
      • Fencing
      • Cultivation as described in s. 810.011

    Unenclosed Curtilage

    • Unenclosed curtilage means the unenclosed land or grounds, and any outbuildings, directly and intimately adjacent to and connected with a dwelling, and necessary, convenient, and habitually used in connection with that dwelling.

    Penalties for Trespass

    • 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.
    • If the offender defies an order to leave, willfully opens doors, fences, or gates, or does any act that exposes animals, crops, or property to waste, destruction, or freedom, it is a misdemeanor of the first degree.
    • If the offender is armed with a firearm or other dangerous weapon, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    • If the property is a construction site that is legally posted, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    • If the property is commercial horticulture property and is legally posted, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    Taking into Custody

    • Any owner or person authorized by the owner may take into custody and detain a person who is reasonably believed to be committing trespass on property other than a structure or conveyance.
    • A law enforcement officer must be called as soon as possible after the person is taken into custody.
    • The taking into custody and detention does not result in criminal or civil liability for false arrest, false imprisonment, or unlawful detention.

    Trespassing Laws in Florida

    Trespass on Agricultural Property

    • Committing a felony of the third degree if trespassing on agricultural property that is legally posted and identified
    • Posting must include the statement: "THIS AREA IS DESIGNATED AGRICULTURAL PROPERTY, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY"

    Trespass on School Property

    • Prohibited from bringing any weapon or firearm onto school property
    • Trespassing on school property with a weapon or firearm is a felony of the third degree
    • Trespassing on school property without a weapon or firearm is a misdemeanor of the second degree

    Trespass on School Safety Zones

    • Prohibited from loitering in school safety zones without legitimate business or authorization
    • Trespassing in school safety zones is a misdemeanor of the second degree, punishable by up to 60 days in jail and/or a fine of up to $500

    Placing Signs Adjacent to Highways

    • Prohibited from placing signs on land adjacent to highways without written consent of the landowner
    • Violation is a misdemeanor of the second degree

    Breaking or Injuring Fences

    • Willfully breaking or injuring a fence is a misdemeanor of the first degree
    • Second or subsequent offense is a felony of the third degree
    • Breaking or injuring a fence used to contain animals is a felony of the third degree

    Unauthorized Entry on Land

    • Unauthorized entry onto enclosed and posted land is prima facie evidence of intent to commit trespass
    • Applies to workers, servants, employees, and agents who enter land without permission while performing duties
    • Also applies to owners of machines, tools, vehicles, or animals who allow others to use them to trespass

    Injury to Trespassers on Agricultural Land

    • A person or organization owning, controlling, or possessing an interest in agricultural real property will not be held liable for negligence resulting in death, injury, or damage to a person who has engaged in unlawful conduct on the property.
    • This includes trespassing and conduct unlawful under ss. 810.10 or s. 810.115.
    • Definition of a "cave" includes any void, cavity, recess, or system of interconnecting passages beneath the surface of the earth, including natural subsurface water and drainage systems.
    • Definitions of "cave life", "gate", "owner", "person", "sinkhole", "speleogen", and "speleothem" are provided.
    • Unlawful acts include:
      • Vandalism, including breaking, removing, or harming surfaces or natural materials in a cave, without prior written permission.
      • Tampering with or damaging a lock, gate, or door to control access to a cave.
      • Removing or tampering with a sign indicating a cave is posted.
      • Removing, killing, or harming cave life, except for safety or health reasons.
      • Storing hazardous materials or littering in a cave.
      • Selling or transporting speleothems for sale.
    • Penalties for violating these provisions include a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    Voyeurism

    • Voyeurism is defined as secretly observing another person in a dwelling, structure, or conveyance, with a reasonable expectation of privacy, with lewd, lascivious, or indecent intent.
    • Penalties for voyeurism include a misdemeanor of the first degree for the first violation, and a felony of the third degree for subsequent violations.

    Video Voyeurism

    • Definition of "broadcast" and "imaging device" are provided.
    • Video voyeurism is defined as using an imaging device to secretly view, broadcast, or record a person in a place and time when they have a reasonable expectation of privacy, without their knowledge and consent.
    • Penalties for video voyeurism include:
      • Misdemeanor of the first degree for a person under 19 years of age.
      • Felony of the third degree for a person 19 years of age or older.
      • Enhanced penalties for subsequent violations or for violations committed against a child.

    Residential Picketing

    • Residential picketing is defined as picketing or protesting before or about the dwelling of a person with the intent to harass or disturb that person in their dwelling.
    • Penalties for residential picketing include a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
    • A law enforcement officer must command the person to disperse before an arrest can be made.

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    Description

    This quiz covers the definitions of structures and buildings according to Florida State Law, including special provisions during a state of emergency.

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