Many people think you can only be charged with trespassing if you’re on private property. But in Florida, that’s not always the case. You can actually be arrested for trespassing in a public place—like a park, beach, or government building—under the right conditions.
As as a former prosecutor and current criminal defense lawyer based in Fort Lauderdale, I’ve handled countless trespass cases—including arrests in public parks, transit stations, and protests. Florida’s trespass laws are broader than most people think, and many charges stem from misunderstandings or unlawful enforcement.
Here’s how trespassing charges work in public spaces—and how to fight them if you’re arrested.
⚖️ Florida’s Trespass Laws: The Basics
Florida has two main trespassing statutes:
Trespass in Structure or Conveyance – Fla. Stat. § 810.08
Trespass on Property Other Than Structure or Conveyance – Fla. Stat. § 810.09
🔍 Both can apply to public or private property—what matters most is notice and intent.
🚓 How Can You Trespass in a Public Place?
You can be charged with trespassing in a public place if you:
Were told to leave by law enforcement or staff but refused
Returned after being previously banned or trespassed
Entered an area closed to the public (e.g., after hours, restricted zones)
Interfered with the operations of the space (e.g., disorderly conduct)
Refused to comply with posted signage or verbal instructions
🚫 Being in a public park, transit station, or government building doesn’t automatically mean you have a right to be there at all times.
🔁 Examples of Trespassing in Public Places
Refusing to leave a public library at closing time
Returning to a city park after being issued a trespass warning
Ignoring posted restrictions at a public beach or wildlife preserve
Protesting in a closed government building after hours
Getting into a public pool after hours
🧠 What Police and Prosecutors Must Prove
To convict you of trespass in a public place, the State must prove:
You were not authorized to be on the premises
You were given notice to leave (verbally, in writing, or by signage)
You knowingly and willfully remained after being told to leave
Defenses may include:
No clear notice to leave
Misunderstanding about closure or access
No intent to interfere or cause disruption
Violation of your First Amendment rights (in protest or free speech cases)
💥 Penalties for Trespassing in Florida
- First-degree misdemeanor (up to 1 year in jail)
- Felony if armed or if prior convictions exist
- Additional charges if trespass is tied to another offense (e.g., vandalism, theft, resisting)
👨⚖️ Fort Lauderdale Trespassing Defense Lawyer
At Michael White, P.A., we’ve defended clients facing trespass charges in parks, beaches, libraries, and other public areas. We challenge notice, intent, and constitutional issues—and work to keep your record clean.
🔍 More Answers About Trespassing in a Public Place in Florida
❓ Can I be trespassed from a public place in Florida?
Yes. Public property managers and police can issue trespass warnings or arrest you for violating rules or being disruptive.
❓ What if I didn’t see any signs?
If no signage was posted and no one asked you to leave, that may be a valid defense.
❓ Can police arrest me without a written warning?
Yes. Verbal warnings count. If you’re told to leave and don’t, that may support a trespassing charge.
❓ Can I fight the charge if I thought I had the right to be there?
Possibly. Your lawyer can argue lack of notice or intent, or raise First Amendment defenses if it was a public protest or assembly.
❓ Can I be banned from a public place permanently?
Sometimes. In Florida, certain public places (e.g., libraries or transit hubs) can issue indefinite trespass bans, especially if behavior is repeated or aggressive. But these can often be challenged for lack of due process.
❓ Does it matter if I wasn’t disruptive?
Yes. If your behavior was not willfully disruptive or unlawful, your attorney can argue that you didn’t trespass under the statute.