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Comments for Removing a No Trespass Warning - General Civil

Government in the Sunshine
by: Staff FALDP

Florida law specifically prohibits backroom politics. Please visit Attorney General, Pam Bondi's site to learn more about your rights. Posted on her site is the following:

In Florida, transparency is not up to the whim or grace of public officials. Instead, it is an enforceable right.
Attorney General Pam Bondi

and:

"Florida is proud to lead the nation in providing public access to government meetings and records. This website is designed to help government agencies, the media and private citizens understand Florida’s Open Government and Public Records laws.

Government must be accountable to the people. The Florida Constitution, which sets forth our rights as citizens of this great state, provides that the public has the right to know how government officials spend taxpayer dollars and make the decisions affecting their lives. The principle of open government is one that must guide everything done in government for its public."

and:

"The Attorney General’s Mediation Program assists in resolving public access disputes. For additional information on Open Government and public records, please call 850-245-0140."

http://www.myflsunshine.com/

No Trespass Warning - more info
by: Anonymous

Thank You for your comments above.

I am the one given the warning by a public official that is evading questions and public records requests.
He works for an economic development Board.

I have written letters to the two Chair persons and asked the trespass be reviewed by the Board. They refuse to consider the request (stacked board and subject of ten ethics investigations).

The charge is baseless --- "disturbance" with no specifics --- Asking questions like "can I see the list of public asset computer equipment bought with public money by a $7.25 million grant recipient."

I was told I might try to get this heard by the local County Court on a pro se filing. Otherwise, I must file through federal court using civil rights law as you cited.

Is this an appropriate pro se case in Florida courts?
Thank you,

Owner, Dakota's Document Preparation & Consulting Services
by: Gigi King

trespass n. entering another person's property without permission of the owner or his/her agent and without lawful authority (like that given to a health inspector) and causing any damage, no matter how slight. Any interference with the owner's (or a legal tenant's) use of the property is a sufficient showing of damage and is a civil wrong (tort) sufficient to form the basis for a lawsuit against the trespasser by the owner or a tenant using the property. Trespass includes erecting a fence on another's property or a roof which overhangs a neighbor's property, swinging the boom of a crane with loads of building materials over another's property, or dumping debris on another's real estate. In addition to damages, a court may grant an injunction prohibiting any further continuing, repeated or permanent trespass. Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill, http://legal-dictionary.thefreedictionary.com/Criminal+Trespass

Yes you can! Violating a trespass warning may result in your arrest, and you may be charged with criminal trespass. Criminal trespass is a misdemeanor in most jurisdictions and may be punishable by a fine and jail. To lift a trespass warning, you will need cooperation from the local police department and the property owner who issued the trespass warning.

1. Contact the property owner or lease holder. If it is a business or government agency, contact the manager or security department.
2. Make a written request for the trespass warning to be lifted. Explain the circumstances that led to the trespass. Explain why you should be allowed back on to the property.
3. Create a document that state you have permission to be on the property and states the old trespass warning is revoked. Put your full name, physical description and date of birth on the document. Include the name of the property owner and address of the property.
4. Deliver two copies of the document to the property owner by personal service. Give one copy to the property owner to keep. Request the property owner and delivery person sign the second copy and keep that copy for your records.
5. File your written permission with the police agencies that have jurisdiction for the property. Some police agencies, have forms you must fill out.

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