Policy Text
General Order 218.1 Trespassing Page 1 of 6 Rev. 09/13/23
GENERAL ORDER
218.1 TRESPASS
REVISION DATE: 09/13/2023
BY ORDER OF THE CHIEF OF POLICE
SUNNY ISLES BEACH
POLICE DEPARTMENT ORIGINAL EFFECTIVE DATE: 09/13/2023
PREVIOUS REVISIONS:
RESCINDS: Any and all previous ly released written directives REFERENCE : GO 218 City Trespass
TABLE OF CONTENTS
A. PURPOSE ....................................................... ............................................................... .... 1
B. SCOPE ......................................................... ............................................................... ....... 1
C. POLICY ........................................................ ............................................................... ...... 1
D. DEFINITIONS ................................................... ............................................................... 2
E. TRESPASS PROCEDURES ........................................... ................................................. 2
F. CANCELLATION OF LIMITED T RESPASS AUTHORIZATION ................ .......... 5
G. DEPARTING TRESPASSER – REFUSAL TO DISCLOSE IDENTITY ........... ........ 6
H. ARRESTS FOR TRESPASS AFTER WARNING ............................ ............................ 6
A. PURPOSE
The purpose of this directive is to establish guidelines for is suing private property Trespass Warnings and describes
how to use the Limited Trespass Authorization form.
B. SCOPE
This directive is applicable to all sworn members of the Depart ment.
C. POLICY
It is the policy of the City of Sunny Isles Beach Police Depart ment that members assist citizens and businesses in the
capacity of a property owner, in maintaining a safe and healthy environment by issuing and enforcing a Trespass
Warning.
Nothing in this directive limits the authority of an Officer to arrest any individual found upon any premises, public or
private, that is conspicuously posted as “NO TRESPASSING” by an Authorized Person, according to Florida State
Statutes. A Limited Trespass Authorization form will be provided to an individual, upon their request, wh ere there is NO
continuous presence of an Author ized Person on the private prop erty to issue a Trespass Warning.
Under NO circumstances will an O fficer issue a Trespass Warning to anyone based on race, creed, color, sex, sexual
orientation, physical disability, religion or national origin.
TRESPASSING
GENERAL ORDER 218.1
General Order 218.1 Trespassing Page 2 of 6 Rev. 09/13/23
D. DEFINITIONS
Authorized Person: Any owner, lessee, agent, private management company, or any L aw Enforcement Officer
whose department has received written authorization from the ow ner or lessee, or their agent, to communicate an
order to depart the property in the case of threat to public sa fety or welfare.
Limited Trespass Authority: Written permission received from an Authorized Person, grantin g authority to an
Officer of the Sunny Isles Beach Police Department, to communic ate an order to depart the property when there is
a threat to public safety or welfare. City Owned Property: City owned property shall constitute a facility, building, pro perty, recreation center, or
outdoor area that is owned by the City of Sunny Isles Beach. Th ese places include municipal parks and beaches.
This does not include State of Florida owned rights-of-way, sid ewalks and alleys.
Private Property: Private property shall constitute a facility, building, propert y, or outdoor area that is not owned
by the City of Sunny Isles Beach. For the purpose of this direc tive, some of these places include strip malls, shopping
centers, gas stations, etc. In a ddition, the Norman S. Edelcup K-8 School is considered private property.
Trespass: As defined by FSS 810.08 and 810.09, trespass means whoever, w ithout being authorized, licensed or
invited, willfully enters or remains in or on the real property , structure or conveyance of another; or whoever having
been previously authorized, licen sed or invited is warned by th e owner or lessee of the premises, or by an Authorized
Person to depart and refuses to do so.
Trespass Warning: A written communication by an Officer, informing an individual that they are to depart from
private property for a specified period, at the direction of an Authorized Person.
E. TRESPASS PROCEDURES
1. Considerations Before Issuing Trespass Warnings:
a. An officer must ensure that an individual requesting a Trespass Warning to be issued is an Authorized
Person.
The tenant of either a residential or a commercial property gen erally has sufficient authority over the
property to exclude an individual from the property.
For commercial properties, the Officer should conduct business with the owner or on-duty manager.
b. When the property is an individual store in a strip mall, the i ndividual’s authority will likely be limited to
the store premises and would not extend to the exterior common areas of the plaza. Typically, control over
the common areas of a multi-unit commercial property will remai n with the owner or Management
Company of the entire property. In this event, a tenant could n ot request to have an individual “trespassed”
from the entire property.
c. The Authorized Person of a chain store does not typically have the authority to have an individual trespassed
from other stores elsewhere within the chain that are located i n the City.
TRESPASSING
GENERAL ORDER 218.1
General Order