The following article was written by Miami Construction Lawyer Alex Barthet and appeared first on The Lien Zone. It was re-posted with permission from the author. To view the original post, titled, “Posting No Trespassing Signs – Strict Compliance Needed,” click here. For more information about Alex and his firm, please visit TheLienZone.com and Barthet.com.
We have all seen those “No Trespassing” signs prohibiting access to construction sites, but few may be aware of both the meaning and the specifics of the law applicable to these words.
A recent case, which reversed a conviction for trespass, illustrates well all the elements necessary to enforce a designated no trespassing area. Florida Statutes provide that it is a third degree felony to trespass on a construction site which is legally posted. Posted land is defined as land upon which signs are placed not more than 500 feet apart and at each boundary corner and upon which there appear in letters not less than 2 inches in height, the words “NO TRESPASSING”. The name of the owner or occupant of the land must be included. The signs must be clearly visible and need to state the following:
THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.
Though the state in this recent case argued that only substantial compliance with these requirements was necessary to enforce the trespassing law, the court found that the failure of the owners to post a sign at each corner was fatal to any attempted conviction of a trespasser.
If you decide to post these signs, you better do it right.
One of the toughest things to deal with on any project can be the relationships between owner and general contractor or the general contractor and subcontractor. In the worst case scenarios, tensions between those relationships can sometimes lead to one of those parties packing up their tools and walking off the job before it’s complete. But that action may make the situation a little hairier than you might expect, if you don’t do it the right way.