A Florida case, which reversed a conviction for trespass, illustrates well all the elements necessary to enforce a designated no trespassing area. Applicable statutes provide that it is a third-degree felony to trespass on a construction site which is legally posted. Posted land is defined as the land upon which signs are placed not more than 500 feet apart and at each boundary corner and upon which there appear in letters not less than 2 inches in height, the words “NO TRESPASSING”. The name of the owner or occupant of the land must be included. The signs must be clearly visible and need to state the following:
THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.
Though the state in this recent case argued that only substantial compliance with these requirements was necessary to enforce the trespassing law, the court did not agree, finding that the failure of the owners to post a sign at each corner was fatal to any attempted conviction of a trespasser.
If you decide to post these signs, better do it right.
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