I own a waterfront home in florida. How do I legally keep someone off of my pier and seawall?

Answer 1

Try this from the Florida Atty. Gen.

Section 810.09(1), Florida Statutes, provides:

"Whoever, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance as to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011, commits the offense of trespass on property other than a structure or conveyance."[8]

In the absence of actual notice being given to an individual who is on or moored to a private dock without permission, the property must either be posted, fenced or under cultivation in order to provide the necessary element of notice. Of these three methods of notice, posting and fencing lend themselves more readily in applying the trespass statute to a private wharf or dock. While no definition for the term "posting" is provided for purposes of the statute, the term "[p]osted land" is defined as

"land upon which signs are placed not more than 500 feet apart along, and at each corner of, the boundaries of the land, upon which signs there appears prominently, in letters of not less than 2 inches in height, the words "no trespassing" and in addition thereto, the name of the owner, lessee, or occupant of said land. Said signs shall be placed along the boundary line of posted land in a manner and in such position as to be
clearly noticeable from outside the boundary line."[9]

Likewise, fencing is defined in terms of land, requiring a fence of substantial construction at least three feet high to enclose the land. No fence, however, is required where the boundary of the land is formed by water.[10]

It would appear that the paramount concern is that an individual be given notice, either by actual communication or through signs or physical boundaries, that defines the area of property subject to the trespass law and warns against entering or remaining on the property.11 The placement of signs or fencing in compliance with the requirements in Chapter 810, Florida Statutes, appears to provide the necessary notice to allow the trespass statute to be applied to the recognized property rights attendant to a private dock.

Accordingly, it is my opinion that the city may enact an ordinance prohibiting the unauthorized trespass upon or the unauthorized mooring of a boat to a privately-owned dock located over state-owned submerged lands within the corporate limits of the municipality, where such ordinance is consistent with the trespass provisions in Chapter 810, Florida Statutes.

Sincerely,

Robert A. Butterworth
Attorney General

RAB/tls

Answer 2

Trespassing Laws In Florida

Answer 3

Beach exposed by low tide is public land
AL HUBBARD
Outdoor Writer


The landowner stood at the edge of his waterfront property glaring at the two fishermen in front of him. The fishermen stood in four inches of water glaring back.

Minutes earlier, the fishermen had walked out of the water onto the small beach and settled down to have lunch. The landowner had asked them to leave. Lately he had been having a litter problem.

Things escalated to a shouting match. Who was right?

When this scenario was posed to Jeff Gager, public outreach officer with the Florida Marine Patrol, he explained, ``The state of Florida owns all the land and water between the mean high water line and out into the state waters. If the fishermen did not go past this line, they had not trespassed and were legal.''

The mean high water line is often visible, being marked by a line of debris left behind when the tide goes out. In the case of property guarded by a seawall, the seawall and all property behind it belong to the landowner.

Where the shore slopes gradually at the water's edge, there may be five or six feet of beach that belongs to the state during low tide. Landowners cannot restrict use of this area. They cannot build fences or any other structure which will interfere with movement along the edge of the water below the mean high water line.

In theory, at mean high tide, a wade fisherman cannot step out of the water onto dry land without trespassing if he is fishing water that adjoins private land. Also, individuals cannot walk across private land to gain access to the state waters without permission.

``If individuals are littering or abusing the public area,'' Gager said, ``property owners should contact the Florida Marine Patrol. We are the law enforcement division of the Department of Environmental Protection and enforcing state litter laws is one of our responsibilities.''

Legally permitted docks and boat houses are an exception to the mean high tide line rule. These structures are an extension of the landowner's property. According to the law, you can fish next to them or even walk under them if you stay below the high water line. But climbing on the dock without permission is considered trespassing.

Trespassing laws give the landowner the right to protect and control access to his property. But they do not give him the right to harass or interfere with anyone legally using the waters of the state.

State law (Chapter 372.705, Florida Statutes) makes it clear that intentional harassment of hunters, trappers, or fishermen is illegal. Interference with the outdoorsman, or attempts to disturb game or fish, can result in a ticket and fine.

Gager pointed out that the best guide to use is common sense. He pointed out that the FMP hears of few problems with trespassing. But, should problems develop, both the FMP and Bay County Sheriff's Department can respond to calls.



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© 1998 The News Herald

Answer 4

I call your action plan harassment ! FLORIDA STATUTES
TITLE XXVIII. NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE CHAPTER 372. WILDLIFE
372.705. Harassment of hunters, trappers, or fishers
(1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
(a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
(2) Any person who violates subsection (1) is guilty of a misdemeanor of the second degree, punishable as provided in §. 775.082 or §. 775.083.
Laws 1990, c. 90-170, § 2.

Answer 5

You call the police. If you order them off your property while the police are there, or if you have a no trespassing sign posted, and they refuse to leave the police will arrest them for criminal trespass.

Answer 6

let them!! why be so greedy!? people wonna go out and have a good time in some place they dont konw... most likly they'r not from your locality, they didnt realise... if they make trouble, call the police!

Answer 7

All you can do is have the local police patrol your property

Answer 8

post a no trespassing sign

Answer 9

sure you do.