Trespass on Posted or Designated Property in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Which Properties Make Trespass a Felony

Under Florida's trespass statute for property other than a building or vehicle, felony trespass applies when the property is:

• A construction site. Over 1 acre: legally posted and identified with a sign substantially like this: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” One acre or less: the same message on a sign in letters at least 2 inches tall, placed where the construction permits are located.
• Commercial horticulture property (for example, a plant nursery), legally posted with the statute's warning.
• An agricultural site for testing or research, legally posted.
• A certified domestic violence center, legally posted as a restricted site.
• An agricultural chemicals manufacturing facility, legally posted.
• An area maintained or secured by law enforcement, legally posted as a restricted site. This one was added in 2025.

The same statute has other felony versions, such as trespassing while armed with a firearm or other dangerous weapon, and certain trespasses on airport operational areas or commercial agricultural property with a specific intent. Ordinary trespass on posted land, after notice, is a first-degree misdemeanor. See Burglary & Trespass.

What the State Must Prove

Instruction 13.6 lists five elements. In summary: (1) you willfully entered property other than a structure or conveyance; (2) it was owned by, or in the lawful possession of, the person named; (3) it was legally posted; (4) it was one of the designated types of property; and (5) you entered without authorization, license, or invitation from that person or anyone else allowed to give permission. See the elements.

The instruction predates recent changes. The published jury instruction (Florida Bar set updated October 9, 2026) still cites the statute's paragraph letters from before a 2024 renumbering, and it does not include the law-enforcement-secured area added in 2025. The list above follows the statute as it reads today.

How We Defend Designated-Property Trespass

• The sign. Was it there, was it legible, and did it say what the statute requires? For a small construction site, was it the right size and posted where the permits are? Photos taken early can decide this.
• Was it really that kind of property? A vacant lot is not automatically a construction site.
• Permission. Workers, subcontractors, delivery drivers, and people invited by someone with authority are not trespassers.
• Willfulness. Wandering onto an unclear, unfenced edge is different from knowingly going in.
• Reducing the charge. If the posting is defective, the case may belong in misdemeanor territory, or nowhere.

What to Do First

1. Take photos of the entrance, fencing, and every sign, or have someone do it, before anything changes.
2. Write down who, if anyone, gave you permission to be there.
3. Don't explain yourself to the property owner or police. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can walking onto a construction site really be a felony?

Yes, if the site is legally posted and identified the way the statute describes and you entered without permission. Without proper posting, the felony charge has a problem.

What if there was no sign where I went in?

Posting is an element the State must prove. Where the signs were, and what they said, is one of the first things we check.

Is trespass on a domestic violence center a felony?

Yes, if it is a certified center that is legally posted as a restricted site.