General Discussion / Re: camping in flordia
« on: February 10, 2011, 08:36:47 pm »Who is a trespasser?A trespasser is a person who intrudes upon another person's property for his own reasons without invitation or license and without any purpose other than self-interest (Lukancich v. Tampa, 583 So.2d 1070 [Fla. 2d DCA 1991]; 41 Florida Jurisprudence 2d Premises Liability section 60). An action against trespassers may recover both compensatory and punitive damages (Wishman v. Foster & Curry Industries, Inc., 145 So.2d 278 [Fla. 3d DCA 1962]).
What notice must be provided to a trespasser?As previously mentioned, under Florida Statutes section 588.10, a property owner must provide proper notice to all parties that may enter the property. All gates, fence corners, and all boundaries that lay along waterways must have posted notices of proper size and composition. The postings can be no more than 500 feet apart. If no notice of trespassing is posted on a piece of property and the party cannot know who owns the land, the party may not be able to be assumed to be a trespasser. This may change the party's status in liability for damages for harm that may befall that individual. Certain facilities require different wording in the posted notices, and a different penalty for the person caught trespassing.