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Posted: 7/4/2022 8:21:13 AM EDT
I was wondering if “No trespass” and “restraining” orders are publicly accessible in Florida?

I’ve go this dick whistle in my neighborhood who has allegedly received a no trespass order from a really nice lady who is trying to sell her house by owner (dude is a wanna be HOA nazi and self important d-bag)

Wanted to know if this was accessible to me or other neighbors who would love nothing more to publish this to the neighborhood and let the residents use it as a fuck you when he comes around…
Link Posted: 7/4/2022 8:38:20 AM EDT
[Last Edit: Bowhntr6pt] [#1]
We issue a written/signed notice to the person trespassed. The property owner gets a copy as well.

While we don't pull a case number for a report if it's just a trespass notice/warning, which if we did, it (the incident report) would be available for public record.

Check your local agency who would have issued the trespass to see if they do a written notice, and if so, if it's available under a FOI request. Otherwise check with the property owner.



Link Posted: 7/5/2022 7:31:03 AM EDT
[#2]
Thanks for the reply.

I’ll have to do a little more digging I think. I can’t be sure if there was a case pulled or not and the individual who was being “harassed” might or might not be willing to help out
Link Posted: 7/5/2022 9:55:25 AM EDT
[#3]
Getting public records can be a somewhat difficult process and may have to be done in stages.  You have to know what you are looking for or how to find what you are looking for, as there is no requirement for the government officials to help you conduct your investigation. They must just provide the records you seek. So request, if you are looking for an incident at a particular place “all computer aided dispatch notes, incident numbers, for any calls for service or incidents at “1234 NW Main Street” for the past 6 months.  Once you find the incident you think is what you are interested in then request information for that particular incident. That’s how reporters get the goods on celebrities and public officials.

Link Posted: 7/5/2022 11:11:46 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By deputygadget:
Getting public records can be a somewhat difficult process and may have to be done in stages.  You have to know what you are looking for or how to find what you are looking for, as there is no requirement for the government officials to help you conduct your investigation. They must just provide the records you seek. So request, if you are looking for an incident at a particular place “all computer aided dispatch notes, incident numbers, for any calls for service or incidents at “1234 NW Main Street” for the past 6 months.  Once you find the incident you think is what you are interested in then request information for that particular incident. That’s how reporters get the goods on celebrities and public officials.

View Quote



very good information. This seems like a very generalized way to get large swathes of data at once
Link Posted: 7/5/2022 12:10:18 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By byuind:

very good information. This seems like a very generalized way to get large swathes of data at once
View Quote


If you're willing to pay... agencies charge various fees, some by the page.
Link Posted: 7/5/2022 6:20:31 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Bowhntr6pt:


If you're willing to pay... agencies charge various fees, some by the page.
View Quote

Depends on how much damage I can do lol
Link Posted: 7/21/2022 8:04:10 PM EDT
[#7]
Just call when you think douches is trespassing and let the cops figure it out. Trespass warnings for an entire community are a little hard to enforce. How can a cop price that no one in the community invited the guy? So not sure what scenario you applies in your situation.
Link Posted: 8/6/2022 3:52:30 AM EDT
[#8]
Our county uses a "Call for Service or CFS number". It's for every time a Deputy is called to respond to an incident and is the way we can recall the incident even if no paper is generated. Can't speak to other agencies though. Our CFS numbers always start with the year in tow digits and followed by a six digit number after a dash (22-123456). Incidents should also be searchable if you have the address of where it occurred, date, time and Name of caller / complainant. May have already known this but I hope one bit of info helps.
Link Posted: 8/12/2022 3:31:36 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By urbanredneck:
Just call when you think douches is trespassing and let the cops figure it out. Trespass warnings for an entire community are a little hard to enforce. How can a cop price that no one in the community invited the guy? So not sure what scenario you applies in your situation.
View Quote


Not really, if the community has the proper trespass signage and/or a representative for the community (HOA, property manager, or resident) that issues the trespass warning then they are trespassed from the entire community. It doesn't matter if they are invited in by someone else, once issued the trespass warning they can be arrested and either go to jail or get a notice to appear.  This is not for neighborhoods but rental/condo communities.

I get to deal with several rental/condo communities in the area I work.  One is gated and the other is not and trespassing charges even after being invited in by another person has still stuck.  

The agency I work for pulls a case number for every unwanted guest / trespassing call at the request of the State Attorney's Office.
Link Posted: 8/12/2022 3:51:13 PM EDT
[Last Edit: Bowhntr6pt] [#10]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Arst0ck:

Not really, if the community has the proper trespass signage and/or a representative for the community (HOA, property manager, or resident) that issues the trespass warning then they are trespassed from the entire community. It doesn't matter if they are invited in by someone else, once issued the trespass warning they can be arrested and either go to jail or get a notice to appear.  This is not for neighborhoods but rental/condo communities.

I get to deal with several rental/condo communities in the area I work.  One is gated and the other is not and trespassing charges even after being invited in by another person has still stuck.  

The agency I work for pulls a case number for every unwanted guest / trespassing call at the request of the State Attorney's Office.
View Quote


If what you are saying is true, then it just goes to show you how disconnected the SAO's are. That won't fly here.

Home Owner's Associations, Apartments, Private Communities, RV Parks (Non-transient residents), etc. can only trespass persons from "common areas" and not from individual private residences/property interests.

We deal with this A LOT, especially here in a community called "The Villages", and we don't enforce trespassing against private property interests via third party complaint.

I find it hard to believe what you are saying is true and correct, but then again, certain places do certain things, legal or not.

I'd be interested to know where you work.

ETA- I've worked LE for about 25 years in three southern states and the above has always been the legal guidance. Copied from The Florida Bar concerning Landlord Tenant Law... A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant’s to lawfully use.

Personally, I'd not effect a PC arrest on Trespass concerning a Third Party Trespass warning whereas the lawful tenant disagrees with the landlord or "authorized agent".

The Villages is a "Special District" with lots of commons area such as community centers, pools, and golf courses. There are also public squares consisting of many private businesses. We have and continue to have "problem people" which can only be trespassed from common community owned areas (pools, community centers, tennis courts, etc.) and NOT the individual private businesses, US Postal Stations, sidewalks, private residences, or roadways despite being inside the Special District. Within the Special District are "Villas" which are COMPLETELY private and as such we can only enforce DUI and Reckless Driving traffic wise UNLESS, as per statute, we have a signed agreement with the specific Villa. So other violations such as speeding, running stop signs, etc. can not be enforced and that's per the statute.  

The above is just for discussion and perhaps to demonstrate how complex it can get.
Link Posted: 8/12/2022 8:42:57 PM EDT
[Last Edit: Arst0ck] [#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Bowhntr6pt:


If what you are saying is true, then it just goes to show you how disconnected the SAO's are. That won't fly here.

Home Owner's Associations, Apartments, Private Communities, RV Parks (Non-transient residents), etc. can only trespass persons from "common areas" and not from individual private residences/property interests.

We deal with this A LOT, especially here in a community called "The Villages", and we don't enforce trespassing against private property interests via third party complaint.

I find it hard to believe what you are saying is true and correct, but then again, certain places do certain things, legal or not.

I'd be interested to know where you work.




ETA- I've worked LE for about 25 years in three southern states and the above has always been the legal guidance. Copied from The Florida Bar concerning Landlord Tenant Law... A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant’s to lawfully use.

Personally, I'd not effect a PC arrest on Trespass concerning a Third Party Trespass warning whereas the lawful tenant disagrees with the landlord or "authorized agent".

The Villages is a "Special District" with lots of commons area such as community centers, pools, and golf courses. There are also public squares consisting of many private businesses. We have and continue to have "problem people" which can only be trespassed from common community owned areas (pools, community centers, tennis courts, etc.) and NOT the individual private businesses, US Postal Stations, sidewalks, private residences, or roadways despite being inside the Special District. Within the Special District are "Villas" which are COMPLETELY private and as such we can only enforce DUI and Reckless Driving traffic wise UNLESS, as per statute, we have a signed agreement with the specific Villa. So other violations such as speeding, running stop signs, etc. can not be enforced and that's per the statute.  

The above is just for discussion and perhaps to demonstrate how complex it can get.
View Quote


That sounds like a nightmare to enforce trespassing in The Villages.  Here the trespassed person has to cross common area to get to the apartments/condos. It is also spelled out in the tenants lease agreement they can not override the management or their security officers in reference to prohibited persons.  Security officers are present at all disturbances in the communities I usually respond too and issue trespass warning on the spot for any disturbances or criminal activity.  Tenants who commit any crimes will be evicted within 5-7 days and issued a trespass for the property.

I have seen people invite the trespassed person back, and they're gone within 5-7 days with an eviction.

There are no businesses inside of the apartment complexes here that would be considered separate private property.  Only place not enforced is the roadway if the community has public roadways (ie not gated) but the person cannot enter onto any of the HOA property to include the parking areas or grass areas which are not public and maintained by the HOA as private property.  

But with everything it is case by case basis.  I haven't made an arrest in any of the communities for trespassing in a long time since leaving night shift.  Usually all my trespass arrests are from the plazas and gas stations with homeless people stealing beer.

I'd be interested to know where you work.  15 years in LE in Palm Beach County



Link Posted: 8/12/2022 8:59:31 PM EDT
[Last Edit: deputygadget] [#12]
We will do a blanket TPW for specific apartment complexes on non tenant’s if issued by an agent/owner in LEO presence SAO will file and we will 10-15 or file on it. We self expire them in 1 year. Invite by resident doesn’t matter. North Central FL 8th judicial circuit. suspects would be contacted in “common areas” cause they couldn’t come or go to any place in the complex without moving through a common area….
Link Posted: 8/13/2022 4:56:02 AM EDT
[Last Edit: Bowhntr6pt] [#13]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Arst0ck:


That sounds like a nightmare to enforce trespassing in The Villages.  Here the trespassed person has to cross common area to get to the apartments/condos. It is also spelled out in the tenants lease agreement they can not override the management or their security officers in reference to prohibited persons.  Security officers are present at all disturbances in the communities I usually respond too and issue trespass warning on the spot for any disturbances or criminal activity.  Tenants who commit any crimes will be evicted within 5-7 days and issued a trespass for the property.

I have seen people invite the trespassed person back, and they're gone within 5-7 days with an eviction.

There are no businesses inside of the apartment complexes here that would be considered separate private property.  Only place not enforced is the roadway if the community has public roadways (ie not gated) but the person cannot enter onto any of the HOA property to include the parking areas or grass areas which are not public and maintained by the HOA as private property.  

But with everything it is case by case basis.  I haven't made an arrest in any of the communities for trespassing in a long time since leaving night shift.  Usually all my trespass arrests are from the plazas and gas stations with homeless people stealing beer.

I'd be interested to know where you work.  15 years in LE in Palm Beach County

View Quote


Thanks for the info.

Interesting point concerning the traversing commons areas as a means of enforcement but that hasn't worked for us here, especially parking lots and/or road access in apartment complexes and RV parks, which have recently been the source of trespassing problems. Of course the parking lots work for us where no tenant issues exist.

I work in the area of The Villages.

Like I suspected, different things done in different areas.

ETA- this issue of difference between places is just another frustrating aspect of the job. Not only do people do things differently, things change locally with the wind. We had a new hire who came from a SO in the panhandle who said they often searched broken down non-green tagged cars because they were "abandoned property"....
Link Posted: 8/13/2022 4:58:43 AM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By deputygadget:
We will do a blanket TPW for specific apartment complexes on non tenant’s if issued by an agent/owner in LEO presence SAO will file and we will 10-15 or file on it. We self expire them in 1 year. Invite by resident doesn’t matter. North Central FL 8th judicial circuit. suspects would be contacted in “common areas” cause they couldn’t come or go to any place in the complex without moving through a common area….
View Quote


Thanks... see you soon.
Link Posted: 8/13/2022 12:01:29 PM EDT
[#15]
I heard everyone who lives or works in the villages

has a hard on for someone else's wife.

Lawdy Jesus.
Link Posted: Yesterday 11:21:17 PM EDT
[#16]
We do a formal documentation of the owner issuing a trespass warning and that would be available through a public records request.
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