Trespassing PDF Boca Raton Police Services Department

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 45.200 TRESPASSING Revised: April 18, 2018 I. PURPOSE: The purpose of this departmental standards directive is to establish necessary guidelines for enforcement efforts pertaining to the trespass provisions of the Florida Stat...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 45.200 TRESPASSING Revised: April 18, 2018 I. PURPOSE: The purpose of this departmental standards directive is to establish necessary guidelines for enforcement efforts pertaining to the trespass provisions of the Florida State Statutes, Chapter 810. II. POLICY: Consistent with the applicable Florida Statutes and the procedures stated in this directive, law enforcement officers shall facilitate the removal of trespassers from various types of property. III. DEFINITIONS: Owner or Lessee: A person who has dominion and control over the real property or structure, or his/her agent. Person Authorized: Any owner or lessee or his/her agent, or any law enforcement officer (LEO) whose department has received written authorization from the owner or lessee, or his/her agent, to communicate an order to depart the property in the case of a threat to public safety or welfare. [§ 810.08(3), 810.09(3)]. An LEO can only act as an authorized person, on private property, when written authorization has been given. Transient Occupant: Defined in FSS 82.045 as a person whose residency in a dwelling intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy was intended as transient in nature. Trespass: Defined in § 810.08 and 810.09. The uninvited, unlicensed, and unauthorized presence of a person in or on the real property, structure or conveyance of another; or the continued presence of a person having been previously licensed, invited, or authorized after being warned by the owner or lessee, or a person authorized by the owner or lessee to depart. Trespass Warning: A communication from an owner or lessee or his/her agent, to an undesired person warning him/her to depart the property and not to return. Trespass Enforcement Affidavit: A document signed by the property owner or lessee or his/her agent authorizing the LEO to act as an agent of the property owner or lessee or his/her agent to enforce the trespass statutes. Effective: November 1, 2007 Revised: April 18, 2018 Trespassing Directive No. 45.200 Page 1 of 5 IV. TRESPASS WARNINGS ON PRIVATE PROPERTY: A. CONSIDERATIONS FOR TRESPASS WARNINGS: 1. LEOs must ensure that the person issuing a Trespass Warning is a “Person Authorized” to do so. a. The tenant of either a residential or commercial property generally has sufficient authority over the property to exclude an individual from the property. b. For commercial properties, LEOs shall conduct business with the property owner or lessee or his/her agent. 2. When the property is an individual store in an enclosed or strip mall, the individual’s authority will likely be limited to the store premises and would not extend to the exterior common areas. In this event, a tenant could not request to have an individual given a trespass warning for the entire property. Typically, control over the common areas of a multi-unit commercial property will remain with the owner or manager of the entire property. 3. The operator/manager of a chain store does not typically have the authority to have an individual trespassed from other stores elsewhere within the chain in the City. If circumstances should arise where such action would be appropriate, it will be necessary to issue a Trespass Warning for each individual store, by address. 4. Circumstances in which a previously issued trespass warning would be invalid. a. Trespass Warnings are associated with a specific address in the CAD system. The investigating LEO must ensure the person/business, that originally requested a person be trespassed, is still occupying the premises. b. If there is a new residential or commercial tenant, the person who has been trespassed should NOT be arrested, and the original Trespass Warning should be removed from the system. c. When a new tenant/owner takes over a property, a new trespass warning must be issued. 5. The Palm Beach County Palm Tran Trespass Ordinance provides a mechanism authorizing police officers to trespass warn those individuals who present a threat to the safety of Palm Tran passengers, and employees prohibiting their access to Palm Tran property and vehicles. However, officers will not resort to the county ordinance for trespass warning authority on behalf of Palm Tran. Trespass offenses on Palm Tran property will be addressed in accordance with state statutes and the provisions of this directive. Effective: November 1, 2007 Revised: April 18, 2018 Trespassing Directive No. 45.200 Page 2 of 5 B. ISSUING A TRESPASS WARNING: 1. Trespass warnings on private property may be issued when the owner, lessee, or agent thereof, is present and determines that a person is no longer welcome on private property, including private property open to the public. 2. If the person to be trespassed is present when the LEO arrives, the owner, lessee, or agent thereof shall advise the person that his/her presence is no longer welcome on the premises in the presence of the LEO. 3. The LEO will document the trespass warning on a field contact report. 4. If the person refuses to leave the premises after being warned by the owner, lessee or agent thereof, the person may be arrested for trespass after warning. C. DEPARTING TRESPASSER, REFUSAL TO DISCLOSE IDENTITY: 1. The Trespass Warning field contact requires identifying information about the person being trespassed, however, if the person agrees to leave the premises upon request by a person authorized to make the request, including a law enforcement LEO, he/she cannot be compelled to disclose his/her name or produce identification. 2. The courts have held that under these circumstances the LEO does not (without more) have the requisite reasonable suspicion to conduct an investigatory stop and refusal to provide identification will NOT support an arrest for obstructing an LEO under § 843.02. V. THE TRESPASS WARNING SIGN PROGRAM: A. PROCEDURE: 1. When a property owner or his/her authorized representative has signed a trespass enforcement affidavit and an LEO has previously warned, and documented said warning, a subject to leave this property, LEOs may, if the person still refuses to leave the property or re-enters it after being issued a warning, arrest the subject for trespassing. 2. “No Trespassing” signs, which are provided by the City of Boca Raton, may be placed on the owner’s property by the property owner. An LEO may issue a trespass warning regardless if a “No Trespassing” sign is present as long as a valid trespass enforcement affidavit is on file. a. When a subject is arrested, the LEO will include a copy of the Trespass Enforcement Affidavit with the case file. b. When a property owner or his/her authorized representative has completed a Trespass Enforcement Affidavit and an LEO encounters a subject who is trespassing, the LEO must check with the Communications Center to Effective: November 1, 2007 Revised: April 18, 2018 Trespassing Directive No. 45.200 Page 3 of 5 ascertain whether the subject has an active trespass warning listing in the Computer Aided Dispatch System. 3. When a subject has been previously warned, and the warning has been confirmed, the LEO may proceed to arrest the person. 4. When a subject has not been previously warned and a trespass enforcement affidavit is on file or a subject is given a warning by an owner or lessee or his/her agent, the following procedures apply: a. When the subject has not been previously warned, the LEO shall complete a field contact on the F12 screen using a TRW reason code and attach a trespass warning alert to the individual’s name. b. The LEO shall explain to the offender the possible consequences of his/her actions if he/she returns to the property. B. RECORD KEEPING: 1. Original copies of the Trespass Enforcement Affidavit shall be forwarded to the Crime Prevention Sergeant or his/her designee. 2. Copies of the Trespass Enforcement Affidavit will be maintained by the Crime Prevention Unit or designee and will be available in zone notebooks. 3. The LEO shall not list “Society” as the victim in trespass cases. The arresting LEO will document in his/her report who issued the trespass warning and the date the warning was issued. The LEO shall document in notes the sign code number or the authorized individual who issued the warning. 4. The Office of the State Attorney must have the original authorized individual’s name and date the warning was issued. VI. UNLAWFUL DETENTION BY A TRANSIENT OCCUPANT: A. Florida property owners commonly allow relatives, friends, or acquaintances to temporarily reside in their home as guests. Florida Statutes section 82.045 classifies these persons as transient occupants and provides that they “unlawfully detain a residential property” if they remain in occupancy after the party entitled to possession of the property has directed them to leave. B. Upon receipt of a sworn affidavit from the party entitled to possession of the property stating that the individual identified as a transient occupant is unlawfully detaining residential property, the LEO may direct the transient occupant to leave. C. A person who fails to comply with the direction of the LEO to surrender (leaves) possession or occupancy violates FSS 810.08. Effective: November 1, 2007 Revised: April 18, 2018 Trespassing Directive No. 45.200 Page 4 of 5 D. The sworn affidavit referred to in this section must set forth the facts which establish that a transient occupant is unlawfully detaining residential property. Additionally the affidavit must set forth the factors specified in FSS 82.045(1)(a) that establish the person’s status as a transient occupant: 1. The person does not have an ownership interest, financial interest, or leasehold interest in the property entitling him or her to occupancy 2. The person does not have any property utility subscriptions 3. The person does not use the property address as an address of record with any governmental agency, including, but not limited to, the Department of Highway Safety and Motor Vehicles or the supervisor of elections 4. The person does not receive mail at the property 5. The person pays minimal or no rent for his or her stay at the property 6. The person does not have a designated space of his or her own, such as a room, at the property 7. The person has minimal, if any, personal belongings at the property 8. The person has an apparent permanent residence elsewhere a. Minor contributions made for the purchase of household goods, or minor contributions towards other household expenses, do not establish residency. E. The statute provides that persons wrongly removed do not have a cause of action against the law enforcement officer or the employing agency absent a showing of bad faith. Approved: Daniel C. Alexander Chief of Police Effective: November 1, 2007 Revised: April 18, 2018 Date: Trespassing Directive No. 45.200 Page 5 of 5