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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: October 19, 2022  Amends - GO 7.1.7 ( December 19, 2011 ) Number: 7.1.7 Distribution: All Personnel Review Month: October Reviewing Authority: UPD / Division Commander Subject: Trespass Cases This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to protect the property of citizens from uninvited intrusions. 2. Policy It is the policy of the agency to investigate all calls for service alleging trespass and take enforcement action when necessary in accordance with applicable law. 3. Definitions A. Authorized Person – per F S 810.08 , “Trespass in structure or conveyance,” and FS 810.09 , “Trespass on property other than structure or conveyance,” an owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to de part the property in the case of a threat to public safety or welfare . B. Criminal Trespass - willfully entering, or remaining in, any structure or conveyance when one is not authorized, licensed, or invited to do so by the owner or lessee of the property; or, having been invited to enter a structure or conveyance, refusing to leave when the owner or lessee withdraws the invitation and warns the person to depart; or, without being authorized, licensed, or invited, entering or remaining upon propert y other than a structure and conveyance, when notice is given against entering, either by actual communication or by posting, fencing, or cultivation. C. Cultivated Land - land that has been cleared of its natural vegetation and is presently planted with a crop, orchard, grove, pasture, or trees, or is fallow land as part of a crop rotation. D. Fenced Land - land that has been enclosed by a fence of substantial construction, whether with rails, logs, post and railing, iron, steel, barbed wire, other wire, or other material, which stands at least three feet in height. E. Lessee - one who has been given possession of land that is exclusive even of the landlord, except as the lease permits, e.g., right to enter to demand rent or to make 7.1.7, Page 2 of 4 repairs. F. Owner - the person in whom is vested the ownership, dominion, or title of property; proprietor. G. Posted Land - land upon which signs are placed not more than 500 feet apart, and at each corner of, the boundaries of the land, upon which signs there appears promi nently, in letters of not less than two inches in height, the words "NO TRESPASSING" and in addition thereto the name of the owner, lessee, or occupant of said land. H. Trespass Warning - a warning that the subject is not authorized, licensed or invited to be on the premises and may be arrested if he or she refuses to leave or returns at any time in the future. I. Trespass Warning Report - authorized agency form to be utilized when a trespass warning is given. J. Trespasser - a person who enters or remains on the property of another without any right, lawful authority, or an express or implied invitati on or license. K. Trustee - one who holds legal title to property "in trust" for the benefit of another person (beneficiary), and who must carry out specific duties with regard to the property. 4. Procedures A. Deputies shall adhere to the following when responding to trespass calls for service when a suspect is present: 1. Identify the trespasser and document his/her identity and description on the Trespass Warning Report . 2. Determin e that the complainant is the property owner/lessee/trustee, or the authorized agent of the owner/lessee/trustee. 3. Instruct the complainant to verbally read the trespass warning from the trespass warning form to the trespasser. The complainant shall th en sign the trespass warning form as the property representative. 4. Obtain a thumb print and photograph of the trespasser, if possible, and attach to the trespass warning form. 5. If the trespasser refuses to leave after being legally instructed to do s o, the deputy shall effect an arrest for trespass after warning. 6. Deputies shall only act as witnesses to trespass warnings given by property representatives. Situations where a deputy may actually give trespass warnings are: a. The property being trespassed upon is owned by the deputy. b. The deputy is working for the property owner in an off -duty capacity 7.1.7, Page 3 of 4 and has been authorized by the owner to issue trespass warnings. c. The agency has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in the case of a threat to public safety or welfare (not just the convenience of the owner), and such a threat exists as documented by the deputy. B. Deputies shall adhere to the following when responding to trespass calls for service with no suspect present: 1. If the suspect has already left the property prior to