Title: Opinion File 76-153 thru 76-169
CITATION THUMBNAILS ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00003470/00001
 Material Information
Title: Opinion File 76-153 thru 76-169
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 76-153 thru 76-169
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 23
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003470
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



76-152

KEY WORDS: A ..4

Sgust 23, 1976 __ _



M: MGG
R: LMB
3: Trespass on SWFWMD Land

ursuant to our discussion, I have checked the latest
legislative acts relating to trespass.

action 810.09, F.S., as amended by Ch. 76-46, Laws of
lorida, 1976 is substantially reworded and only relates
o trespass on property other than a structure or conveyance.

t states:

(1) Whoever,,without being authorized willfully
enters upon or remains on any property as to
which notice against entering or remaining is given
either by actual communication to the offender or by
posting, fencing, or cultivation commits the
offense of trespass on property .. (emphasis added.)

ubsection 810.011(4), F.S., defines "posted land" to mean-

land upon which signs are placed not more than
500 ft. apart along, and at each corner of, the
boundaries of the land, upon which signs there appear
prominently the word "no trespassing" .. the
name of the owner of said land.

'Fenced land" is defined in S810.011(6), F.S., and means-

land which has been enclosed by a fence of
substantial construction at least 3 ft. in
height . [I]t shall not be necessary to fence
any boundary or part of a boundary which is formed
by water. (emphasis added.)

mended 810.09(2) (b),, F.S. provides that if the offender
efies an order to leave, personally communicated to him or
.f the offender willfully opens any door, fence, or gate .
r trespasses on property he is guilty of a misdemeanor
f the first degree.

ubparagraph (2)(c) provides that if the offender is armed with
firearm or, other dangerous weapon during the commission of
the offense of trespass, he is guilty of a felony in the third
egree.






1-?64154




he area currently in question is the Lower Hillsborough
lood Detention Area which is bisected by both the Morris
ridge Road and the Hillsborough River. In addition, there
re still numerous tracts of land scattered throughout the
lood detention area which do not belong to SWFWMD. Fencing
as been constructed along most of the perimeter boundaries
f the property but gaps and access points are afforded at
ome places.

t is my opinion that a conviction for trespass, properly
defended, could not be obtained unless:

1. The land trespassed upon has been completely
enclosed by a fence or has been posted with
proper signs placed not more than 500 ft. apart
along, and at each corner of, the entire boundaries
of the particular tract of land; or,

2. Notice against entering or remaining on the land
is given by actual communication to the offender.

n order to properly protect this land from trespassing, each
ract must be legally fenced or posted. I have not completed
searching the matter of whether or not you can use a
combination of fencing along one boundary of a particular
f ract of land and posting with signs along the remaining
portions of the boundary, but I would think a reasonable
argument could be made that adequate notice was given by
he combination of the two.



MB/gw







MEMO ;-155

1 MIAYZ3 All: 2.1
TO: MGG
DATE: November 28, 1973
FRC : JMF

RE: Southwest Florida Water Management District
Hillsborough River Basin No. 13-0001

Rob Williams has indicated to me that it is his belief that
the Southwest Florida Water Management District is a public cor-
porz tion, and not a division of the State. He bases this con-
clusion upon, among other things, the fact that the special Act
creating the District (Chapter 61-691, Section 8) empowers the
District to levy ad valorem taxes, whereas the State of Florida
is prohibited from doing this by Article 7, Section 1, of the
Stale Consitution. Further, the Water Management District op-
erates only in a specific area of the State, and deals with spe-
cified counties.

I do not know who it was that informed the District that they
were unable to prosecute those found upon their land, due to the
fact that it was "State" land, for in the event that this defense
was raised, to a criminal prosecution for trespass, Section 821.19
Florida Statutes, clearly prohibits trespass upon State lands.

I was involved in a similait situation involving some pro-
perty owned by the City of Temple Terrace within the Municipal
limits, which was a vacant lot and was being used by members of
the public for motorcycle races, etc. What we did in that parti-
cular case was, pursuant to Section 821.011 Sub (a) and 821.04,
Flolida Statutes, simply posted the specified "posted land" signs
at the required intervals along the property, secured several con-
victions for trespassing in the Municipal Court, and the problem
was at an end.

If there is actual,wrong doing taking place on the property
involved, such as the dumping of trash that you refer to, then a
prosecution under Section 821.18, Florida Statutes, would be ap-
propriate, and I am enclosing a United States Supreme Court de-
cision, (Adderley v. State of Florida) upholding the constitution-
allity of this Statute as applied to a demonstration conducted by
some Florida A & M students at the Leon County Jail.

I am also attaching a copy of Chapter 821 of the Florida
Statutes, trespass and injury to realty and similar offenses, and
in Addition to the Sections heretofore referred to, there are

S l Other sections ich would be applicable to this situation,
n821.041 Which specifies that the un-


s ect nY j is primafacie evidenfe








If the District has received information from the prosecuting
authorities in this County or other counties that the prosecutions
wouli be barred for the reasons that the property involved is
"State" land, I think that a discussion with the prosecuting authority
inv: ved would be in order to put an end to this sort of criminal
activity, and where appropriate, obtain convictions for same.


JMF




t <. .T.SI'A.PASS AND 1N.I"',tY TO IAt.i'I' AND S l lIi.AMl( )1-VNS.. Ch(. x21
CHAPTi'Kll 821

STITRESI'ASS AND IN.JUItY TO ItEAL.TY AND SIMll.Al OI'INSKIS -
S 1.01 .?rtpa..s after warning. 821.20 Same; trespasss" Iand "state lands" de-
S 1.011 flliitiuons of terms used in this chap- fined.
ter. 821.21 Same; duties of sheriffs and prosecut-
1.02 acing signs adjacent to highways; ing ohlicers.
penalty. 821.22 Cutting timber from lands sold for
21.03 entry on enclosure to hunt or fish. taxes.
21.04 respass on posted, cultivated, or fenced 821.221 Trespass and damage to timber and
lands. timber products. s
21.041 authorized entry on land; prima 821.23 Removing, or working for turpentine,
facie evidence of trespass, timber on land sold for taxes.
j 21.05 throwing down fences, etc. 821.24 Punishment for use of timber or turpen-
21.07 ousting certain enclosed land not nec- tine by owner after sale for nonpay-
essary. ment of taxes. *
2*1.071 hosted land; removing notices unlaw- 821.25 Injuring flowers, grounds, etc., of state i
ful; penalty, institutions prohibited. i
S 1.08 hands bounded by water need not be 821.26 Removing natural products from prop-
fenced, erty of state institutions prohibited.
21.09 breaking or injuring fences. 821.27 Molesting game or fish on property of .
21.10 cutting and carrying away timber from state institutions prohibited.
lands of another; proviso. 821.28 Penalty for violation of 821.25-
S 21.11 respass on lands; severing and taking 821.27. [
property from freehold. 821.29 Sheriff combining with.trespassers on
21.12 penalty for taking from farm or vine- state lands. *
yard products, vegetables or flowers 821.30 Forcible entry.
without consent of owner. 821.31 Holding over by lessee whose lease has
21.121 respass; severing, taking or injuring expired; penalty.
grove or farm products. 821.32 Trespasser may be arrested on Sunday
S 21.13 accessory to trespass on lands; re- without warrant.
ceiver. 821.33 Trespassi'ng on property of waterworks. ; ;
21.14 respass with intent to injure grow- 821.34 Trespass in counties where fences dis-
ing trees, etc. pensed with.
S21.15 respass by injuring fruit trees, etc. 821.35 Turning in stock where parties farming
21.16 oxing timber on land of another. under one fence.
S 21.17 penalty for cutting tree across fence. 821.37 Trespass on fruit groves; with deadly
21.18 their trespasses. weapon.
21.19 respass upon state lands prohibited. 821.38 Penalties for trespass.


821. Trespass after warning.-Whoever subject matter otherwise requires:
illful : (a) "Posted land" is that land upon which
(1) nters into the enclosed land and prem- signs are 7piaT"d'iot more than five hundred
ises of another or into any private residence, feet apart along, and at each corner of, the
house, r building of another, having been boundaries of the land, upon which signs there I'j
forbid so to enter by the lawful occupant; shall appear prominently, in letters of not less
(2) ot having previously been forbidden, than two inches in height, the word "posted"
is war d to depart therefrom and refuses to and in addition thereto shall appear the name
do so; of the owner, lessee, or occupant of said land.
(3) having departed, renters without the Said signs shall be placed along the boundary
previo consent of the lawful occupant; or line of posted land in a manner and in such
(4), position as to be clearly noticeable from out-
(4 leaving departed, remains about in the side of the boundary line.
vicinity using profane or indecent languageof the boundary line.
sing profane or indecent language (b) "Cultivated land" is that land which
shall n conviction be punished as provided has been cleared of its natural vegetation and ;:I
in 82 8. is presently planted with a crop, orchard, grove, .
Ilster .. ch. 3e39. 879; as 2514; 08 340o: nos pasture, or trees or is fallow land as part of
5252.; C 7371; i1. ch. 69-284.
Sc.-377. Destrucllon of monuments. maps or plates. a crop rotation. r
SCh. Outdoor advertiser. (c) "Fenced land" is that land which has
ch. F 'oret protect uon cur. been enclosed by a fence of substantial con-
struction, whether with rails, logs, post and
821. Definitions of terms used in this railing, iron, steel, barbed wire, or other wire, 1I":
chapt or other material, which stands at least three
(1) s used in this chapter, unless other- feet in height.
wise e ressly stated, or unless the context or (2) Where lands are posted, cultivated or
2051 ,






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fpnuedl s deltsrril'eld I'T.. nil then :11n111 fee
(In. pos I ,'T- i) -'~i' r ITTle cr,,.uilced
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821.02 PIlcing signs adjacent to highways;
penalty.-
(1) All persons are prohibited from plac-
Ing. posting or erecltilg signs ulpon land or
upon trees upon land adjacent to or adjoining
all public highways of the state, without the
written consent of the owner of such land, or
the written consent of the attorney or agent
of such owner.
(2) Every person convicted of a violation
of this section shall be guilty of a misdemeanor of
the second degree, punishable as provided in
775.082 or 775.083.
|liltury.--Sl. 2. rh. VI1u1l. Ir... CGo. IU:1lt Supp. 74:'3(l; SI2.
ch. 7.1-l:U1
821.03 Entry on enclosure to hunt or fish.-
Whoever willfully and with the view of tres-
passing enters any land of another where crops
or fruit of any kind are cultivated, without
written permission of the occupant, previously
obtained, or, without such previous consent of
the owner or occupant, enters upon the lands
of another to hunt or fish, shall upon conviction
be punished as prescribed in 821.38. One in a
party may obtain written permission for the en-
tire party.
llllosi.-51l. 2. 3. ch. 3012. 877; RS 251S; oS 3404:
ROS 5253: COL 7372; 13. ch. 69-284.
ct.-j 1.08. Carr)lng away planted oysters.
821.04 Trespass on posted, cultLvatcd..or
fencedlands.-i\o person In nthisstate shall
wTillTfly- and with the view of trespassing en-
ter any land of another which is fenced, posted,
or cultivated, as defined in 821.011, or enter
upon any tract of land bounded or entirely
surrounded by sea, gulf, bay, canal, or river
or by creeks or lakes without permission of
the owner or occupant authorized to give such
permission being previously obtained. Every
person convicted of trespass as defined herein
shall be punished as prescribed in 821.38.
nistory.-- l. ch. 4045. 1891: GS 3405; (1. ch. 5684. 1907;
Rn s 5259; CGL 7378; |4. ch. 69-284.
821.041 Unauthorized entry on land; prima
fad1e evidWenc oT ijr'es'Thass-.-
(1) The unaiautholized entry by any person
into or upon any legally enclosed and legally
posted land shall be prima facie evidence of
the intention of such person to commit an act
of trespass and of intent to commit any other
act pertaining to said land, the improvements
thereto or growth thereon, committed while
within said enclosure.
(2) The act of entry upon legally enclosed
and legally posted land without permission of
the owner of said land by any workman, serv-
ant, employee or agent while actually engaged
in the performance of his work or his duties in-
cident to such employment and while under the
supervision, direction or through the procure-
ment of any other person acting as supervisor,
foreman, employer, principal, or in any other
capacity, shall be prima facie evidence of the


. ~nui.,g iit anl .1ce procurement of such cnt by
:he Hu'm\'vi.sn t~forcnlan. employer, principal
tr othli Pirson, anid shallll further le primla
.'*Ie evidtlnce of intent of sich supervisor,
*:'linlan, i, d loyer, priniciplml or other person,
cause or procure the commission of any
h'r act pertaining to said land, the improve-
;:t:nt thereto or the growth thereon, actually'"
committed ly such workman, servant, employee
or agent, while the latter is on the said land. I
(3) The act committed by any person or -
persons of taking, transporting, operating or L
driving, or the act of permitting or consenting C)
to the taking or transporting of any machine,
tool, motor vehicle or draft animal into or upon
any legally enclosed and legally posted land
without the permission of the owner'of said
land by any person who -is not the owner of
such machine, tool, vehicle or animal, but with
the knowledge or consent of the owner of such
machine, tool, vehicle or animal or the person
then having the legal right to possession and
use thereof, shall be prima facie evidence of
the intent of such owner of such machine, tool,
vehicle or animal, or of the person then en-
titled to the possession and use thereof, to
cause or procure an act of trespass and any
other illegal act pertaining to such land, the
improvements thereto and the property and
growth thereon, in the accomplishment of
which act the said machine, tool, vehicle or
animal is used.
(4) As used herein, the term "owner of said
land" shall include the beneficial owner,
lessee, occupant, or other person having any
interest in said land under and by virtue of
which that person is entitled to possession
thereof. and shall also include the agents or
authorized employees of such owner. However,
this section shall not apply to any official or
employee of the state or a county, municipality
or other governmental agency now authorized
by law to enter upon lands.
Ilislory.-I11-4. ch. 25245. 1949.
821.05 Throwing down fences, etc.-Every
person in this state who shall willfully lay or
throw down the fence or bars or open a gate
of.another, or with evil intent, by any other
means interfere with the fence of another per-
son, thereby exposing crops or other property
to waste, destruction or freedom, or shall enter
upon the enclosed lands of another, or lands
bounded or formed by a sea, gulf, bay, river,
creek or lake, that are posted as provided in
this chapter, without the consent of said owner
or person occupying the same, authorized to
give such permission to hunt or fish, shall
upon conviction be punished as prescribed in
821.38.
Ililsory.- 2. cb. 4045. 1891: 0S 3408;: 2.. c. a6e4, 17:
Gos 5260; CGL m17; 15. ch. 69-284.
821.07 Posting certain enclosed land not
necessary.-It shall not be necessary to give
notice by poster on any enclosed tract of land
not exceeding two hundred acres on which
there is a dwelling house, in order to obtain


2052


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hibit
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Ills ,
821
lawf
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legibV
place
pant
pursi
pose
(2)
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be foi
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iaslot
821.
ever
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itilt'~A~S ~l)w~ill~Y'roio~~;:i~' A.


Ic-its of the stlatltes ofC this state pro-
:' trscl.;as on cllo.lsed hlnds.
-jl l. 4341. 1903: ItOs 6203; O0 1381.
71 Posted land; removing notices un-
penally.-
It is unlawful for any person to wil-
emovc, destroy, mutilate or commit any
signed to remove, mutilate or reduce the
ty or effectiveness of any posted notice
by the owner, tenant, lessee, or occu-
legally enclosed or legally posted land
nt to any law of this state for the pur-
legally enclosing the same.
Any person violating the provisions
section shall be guilty of a misdemeanor
;ccond degree, punishable as provided in
2 or 775.083.
-Si1. rh. >2-46. 1949. jWs, n!. h. 71.-1:r.
SLands bounded by water need not be
-Fo'rThe~ purpose of 9-821.07 it shall
!cessary to fence any boundary or part
undary of any such tract which shall
>ed by sea, gulf, bay, river, creek or

-|2. ch. 5418. 1905: Ros 5263: cGL 7382.
Breaking or injuring fences.-Who-
llfully and maliciously breaks down,
ijures or cuts any fence, or any part
belonging to or enclosing land not his
whoever causes to be broken down,
injured or cut any fence belonging to
iing land not his own, shall be guilty of a
f the third degree, punishable as pro-
775.082, 775.083. or 775.084.
-12, sub-ch. 4. ch. 1637. 1868: RS 2533: 51. ch.
GS :140. HCGS 526ir ; (.L 78:13; S.9. ch. 71-136.
) Cutting and carrying away timber
nd'TinTmr-ThTh-nIrviso.-


-( however shall enter upon, or cause to
be ent -ed upon, the land of another and sever,
or cai A' to be severed, from said land any tim-
ber, ti e or trees, standing or growing thereon,
or any parcel or part of the realty, the prop-
erty or another of the value of three dollars or
more, i, d take and carry away, or cause to be
taken ( carried away, same or any part there-
of, wit out the consent of the owner of said
proper r, with the intent to convert same to his
own us shall be guilty of larceny.
(2) Provided, that the provisions of this
section shall not apply to the trimming or cut-
ting of rees or timber by municipal or private
public utilities or their employees, when such
trimm g or cutting is required for the estab-
lishmdr or maintenance of the service furnish-
ed by A y such utility.
Hisuoro -l1. ch. 1!2I7. s139. CGL I'40 Supp. 7402( C. JK5.
ch 71-:vl
ct.--(11 Stealing looa or tir.ber.
821. Trespass on lands; severing and tak-
ing pr erty from freehold.-Whoever willfully
commit. a trespass by cutting, scraping, injur-
ing or estroying timber or wood standing or
growing, on the land of another, or by carrying


u\vay any kind of timber or wood, cut down or
lying on such land, or by digging or'carrying
away ily KtoiI, ore, gravel, clay, sanlll, turf
or mould from such land, or by carrying away
anything which is parcel of the realty, shall be
punished as if he had stolen personal property
of the same value.
Illstory.--IS 2511; OS 3409; InCsi 26S; COL 7384.
821.12 Penalty for taking from farm or vine-
yard products, vegetables or flowers without
consent of owiner.-Whoever takes and carries
away from any farm, garden, orchard, or.*
orange or lemon grove or destroys any farm
products, vegetables, fruits or flowers, corn,
or cotton from the stalk, or from-any vineyard
any grapes of any money value, without the
consent of the owner or manager, shall upon
conviction be punished as prescribed in 821.38.
Ilislory.-r RS 2517: II. ch. 4531. 1897; GS 3410; RGS 5266;
COL 738:; 16. ch. C(-284.
821.121 Trespass; severing, taking or in-
juring grove or farm products.-"
(1) Whoever severs or' takes or carries
away from any farm, garden, orchard, vine-
yard, orange, grapefruit, tangerine, lemon, lime
or other citrus grove, or other improved land,
or injures or destroys any farm products,
vegetables, fruit, flowers, corn or cotton from
the stalk or any tropical or other fish from a
fish hatchery or fish farm, of any money value,
without the consent of the owner or manager,
shall upon conviction be punished as prescribed
in 821.38.
(2) Any person who may become an ac-
cessory, either before or after the fact, to
such trespass or any prohibited act as set
forth in subsection (1) of this section, and
any person who shall knowingly receive any
of the property so taken shall upon conviction
be punished as prescribed in 821.38.
(3) Nothing herein shall prevent prosecu-
tion under the larceny statutes of the state
where the acts constitute larceny.
llistory.-11-3. ch. 29950. lE:; (7. ch. 69-284.
821.13 Accessory to trespass on lands; re-
ceiver.-Any person may become an accessory
to such trespass as set forth in 821.11 and
821.12, before or after the fact, and such ac-
cessory and all persons who shall knowingly
receive the property so taken shall upon con-
viction be punished as prescribed in 821.38.
Ilistory.-RS 2518; GS 3411; a OS 5267; COL 7386: 1t ch.
S69-284.
c.-Ch. 776. Principals and accessories.
5910.12 Trial of aider.
110.13: Arcessory after the ta
821.14 Trespass with intent to injure grow-
ing trees, etc.-Whoeve, willfully commits a
trespass by entering upon the garden, orchard
or other improved land of another without per-
mission of the owner, with intent to cut, take,
carry away, destroy or ijure the trees, grains,
grass, hay, fruit or vegetables there growing
or being, shall upon mnvietion be punished
as prescribed in M821Z.


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J413; 5269; CGV L 738;.l ch. 69-284.
821 6 Boxing timber on land of another.-
Whoe r cuts, boxes, girdles, or causes or
procu s to be cut, boxed or girdled, any kind
of ti er standing, growing or being on the
land another, without the consent of the
ownei, or removes or causes or procures to
be re ved from any land of another, with-
out h consent, any timber or wood of any
kind, all upon conviction be punished as
presc i ed in i821.38.
alustor -t. ch. 5259. 1903; OS .3414; ROS 5270; COL
7381; 1 ch. 69-284.
ct.-j- i 1 Stealin logs or tlmDer.
821 Penalty for cutting tree across fence.
-Wh ver shall carelessly or maliciously cut
or fel tree onto or across the fence of any
enclo field, garden or grove, and does not
at on remove the same and repair any dam-
age t t may be done* to the fence, shall be
guilty a misdemeanor of'the second degree,
punis ble as provided in 775.082 or 775.083;
and s person and his employer shall be liable
and r onsible for any and all damage to the
crops trees on the premises resulting from the
break of the fence and the consequent depre-
dation stock.
HlItolr 2. ch. 4780. 1899; 0s 3415: RGS 5271: COL
7':19 M S. h. 71-1:16.
821 Other trespasses.-Every trespass
upon property of another, committed with
a mall ous and mischievous intent, the pun-
ishme of which is not specially provided for,
shall guilty of a misdemeanor of the second
degree unishable as provided in 775.082 or
775.0
Hixsor Its 2521; OS 3416; RGS 5272 CCOL 7:191; .1897. rh. 71.1:16.
21. Trespass upon state lands prohibit-
spass upon state lands is prohibited,
and a person found guilty of such trespass
shall b guilty of a misdemeanor of the second
degree, punishable as provided in 775.082 or
775.0 provided, this section shall not
apply any lands, title to which is now
ested which may hereafter vest in the state
y areas of any tax sale certificate.
Hil ory 1. ch. 16iM's. 1!9:.; CGI. l9:i; Supp. 73.3:llY); .l( .
h. 71.:;
.- n .n jurin"r st :1 illin.
821.2 Same; "trespass" and "state lands"
fined
1 he word "trespass" when used in


821.21 Same; duties of sheriffs and prose-
cuting oficers.--
1t) T1 i sheriff and deputy sheriffs in
each of the several counties of this state
shall see that the state lands are not tres-
passed upon and shall arrest all persons
found trespassing upon state lands and report
the same to the proper prosecuting officer and
to the governor of the state.
(2) All prosecuting officers of the state or
any county shall prosecute all offenders against
the provisions of 821.19-821.21.
Ilistery.-53. ch. 16185. 1933; COL 1936 Supp. 739313).
821.22 Cutting timber from lands sold for
taxes.-If any person shall cut, or cause or
procure to be cut, or aid, assist or be employed
in cutting, any cedar, juniper, cypress, oak,
pine, palmetto or other timber standing, grow-
ing or being on any lands that have been sold
for taxes, before the lands are redeemed or a
tax deed issued for the same; or if any person
shall remove, or cause or procure to be re-
moved, or aid or assist, or be employed in re-
moving, from any of such lands any cedar,
juniper, cypress, oak, pine, palmetto or other
timber; or if any person shall cut or box, or
cause or procure to be cut or boxed, or aid.
assist or be employed in cutting or boxing any
pine timber on said lands for the purpose of
extracting and gathering the turpentine there-
from, or shall gather or remove, or cause to
be gathered or removed, or aid, assist or be
employed in gathering or removing, any tur-
pentine extracted from the pine timber so cut
or boxed; or if any person shall in any way,
by cutting, felling, girdling or otherwise, de-
stroy or injure any timber standing, growing
or being upon said.lands, he shall for every
such offense be guilty of a misdemeanor of the
second degree, punishable as provided in
775.083; provided, however, this section shall
not apply to the owner of said lands at the time
the lands were sold for taxes.
lIlsory.-ll. ch. 4416. 1895: G~ 3422; ROS 5278; COL
7?9:7; Ws P. rh. 71-1:i.
cf.-SII.07. Stealing logs or timber.
821.221 Trespass and damage to timber
and timber products.-
(1) Whoever wrongfully enters upon, or
causes to be entered upon the land or lands of
another and severs, cuts, chips, saws, chops.


2054


I ;lil..sl'ASS ,NI. IN.IIIIV T I: AI;I'.Y AND) IMIII.All (''-:NS..: CIh. R21 *

.ul 18?. CI. It6 -160
.-p.. .ui.c, ,h. II. 'r s 251; ao U.S821.19-82.21. f le dremed to be used in -
o ", m, ".*. ,.; R oIts broade.st 1iand mosnt ll,irnal Senlse, Iand shall
15 Trt'e.4;iss byl i.njurisng fruit tree.s, Vtc. Include the cultivation, living upon,. or any
ever willfully nIlld maliciaoumly, or wantt- other ulse of .ucll land., or the use or removal
,ld without caliust cuts dtlwn or lestroys of anything growing thllron, or the use or
lling or lby loplinig .r* otherwise illJuIreH removal of the soil of said land or anything
uit or other tree, or any shriub. plant, except wild game in, on or under such soil,
flower not his own, standing or grow- without written lease from the state.
shade or ornament or other useful (2) The term "state lands" when used in
Sor maliciously and injuriously severs 821.19-821.21 shall include all state owned
he freehold of another any product lands, lands vested in the state board of edu-
, or anything attached thereto, shall cation and the board of trustees of the internal a
eviction be punished as prescribed in improvement trust fund.
Ilstory.-12. ch. 16185. 1933; COL 3931 Supp. 7393(2): 2.' ch. *
- 76. sub-ch. 4. c. 637. 1868 R3 2520; OS 61-11; 1127. 35. ch. 60-106.


thereb
uponl
i8i2.3


1

tin

ca
or
cut

any
tim

sha
sat
tup

mos
timro






sist
purp
any










Provi
the
'tax
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(4)
for I
be w




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ptimb
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privil
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vidcd
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pentin


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k


acrape
damniag
produl
dand,
shall bi
for da
he soi
he ac
wner.
(2)
'rongi
nt in
robab
ich I

Iould
lamag
further
ot ap
r timb
ies or
cutting
inter
uch ti
sllry.
821.22
ne. ti
(1)
ove or
r rem
cutting
manner
t mber
s all be
s le cer
t rpenti
(2)
ove or
oved
p oyed
a y tim
t ere sh
Sx sale
ti ber p
(3)
r turp
b work
si t or
p rposes
s te wh
o stand
ti ber o
P ovided,
th cutti
i ber sl
privilege
pr vilege.
4) A
Sns of
manor c
i ed in
I islory.-
h. 91i:mi
. l11.07. S
21.24
e tine I


.Removing, or working for turpen-
er on land sold for taxes.-
person shall cut and remove or re-
use or procure to be cut and removed,
d, or aid, assist or be employed in
id removing or removing, or in any
workingg for turpentine purposes any
any land in this state when there
ny unredeemed and outstanding tax
icates against such land, timber and
privileges.
person shall cut and remove, or re-
ause or procure to be cut and re-
removed, or aid, assist or be em-
cutting and removing or removing
From any lands in this state when
Ibe any unredeemed or outstanding
rtificates against any such timber or
:ileges.
person shall in any manner work
tine purposes or cause or procure to
for turpentine purposes or aid, as-
employed in working for turpentine
ny pine timber or any lands in this
there shall be any unredeemed and
tax sale certificates against such
urpentine privileges.
hat this section shall not apply to
Sof timber when the taxes on the
1 have been paid or the turpentine
vhen the taxes on the turpentine
hall have been paid.
Person violating any of the provi-
s section h.ilil be guilty of a misde-
the first degree, punishable as pro-
5.082 or 775.083.
S2. ch. .MI&. 1907; lGS 5n9S. c I;. 7:I!.; la'Mi.
Slin I.l : or limhtr.
punishment for use of timber or tur-
owner after sale for nonpayment


turl.,ll ine-. girdlt.es. kills o'r i otl rwise
or ri.l'.ove any ; li ell r. t' ree. or fori.st
. standingn, lying or growing iil, pol said
lhollt Ithe consent of the wIg;l owner,
liable to the owner in an action at law
ges in an anmounlt eual;i to three times
which would compensate the owner for
al (damage suffered by the lawful

provided, however, that where the
entry was involuntary, or the lefend-
action brought under this act had
cause to believe that the entry upon
d was lawful, then the measure of
shall be two times the sum which
mpensate the owner for the actual
suffered by the lawful owner. Provided,
hat the provisions of this section shall
to the trimming or cutting of trees
by municipal or private public utili-
cir employees, when such trimming or
s required for the establishment or
ce of the service furnished by any
ty.
1. h. 1-355.


Ph. w2


.~fsM' '1d& 14j -i~.
,V4


of nlaxe.S.-If, at any liime after six months :ftcr
the salet of the timber or turpentine. rights for
nililiayil;l-nlnt of I xef-s due thereon. t(he former
owner thereof, or his ai e :nts or servants, shall
take or use any of such timber or turpentine,
they shall ench he guilty of a nisdemneainnr of
the second degree, punishable as provided in
775.082 or 775.(083.
llieinry.-- l. ch. 47*,rs. Il!l7; IJ : ,l .i ('(;l. T;la .; B dl.
rhl. 71.1;Ni
821.25 Injuring flowers, grounds, etc., of
stale institutions prohiilted.-
(1) It is unlawful to injure, cut, interfere
with. molest or disturb the forests, woodlands,
ornamental plantings, orchards, groves, vege-
table plantings, field crops. experimental plants,
flowers, grounds, drives, roadways, and other
property belonging to, leased by, operated by
or controlled by or flr- the department of trans-
portation, the institutions in the state univer-
sity system, the Florida school for the deaf and
the blind or the division of plant industry of
the department of agriculture and consumer
services; to steal, pilfer, pick, break or other-
wise molest any natural or cultivated trees,
shrubs, vines, fruits, flowers, vegetables, grass-
es, plants or parts thereof on such property
except when so authorized by the officials of
the Florida Board of Regents, the Florida
School for the Deaf and the Blind, the division
of plant industry, the department of transpor-
tation or employees in charge of said property.
(2) Persons violating the provisions of this
section, as amended shall be subject to the
penalty provisions of 821.28.
Ifislory.-ll. ch. 10265. 1925: COL 7429: lit. 2. ch. 26903.
1951: 12. ch. 63-204;: 1. ch. 67-8:. 1114 2. 23 5. ch. 69-106.
cl.-1822.03. Injuring state buildings.
821.26 Removing natural products from
property of state institutions prohibited.-It is
unlawful for any person to remove any soil,
muck, clay, wood, minerals, timber or other
natural products from any property belonging
to, leased by, operated by or controlled by or
for the institutions in the State University Sys-
tem, the Florida School for the Deaf and the
Blind, or the Division of Plant Industry; except
when so authorized by the officials of the Flor-
ida Board of Regents, the Florida School for
the Deaf and the Blind, the Division of Plant
Industry or employees in charge of said prop-
erty.
listory.-12. ch. 10265. 1925; COL 7430; 12. ch. 63-204; 12,
ch. 67-80.
821.27 Molesting game or fish on property
of state institutions prohibited.-It is unlawful
to kill, hunt, shoot at or wound any of the
game, song birds or wild animals on property
belonging to, leased by, operated by or con-
trolled by or for the institutions in the State
University System, the Florida School for the
Deaf and the Blind or the Division of Plant In-
dustry; or to use, hunt with, fire off or shoot
any firearms, air rifles, slung shots or other
weapons, whether deadly or not, commonly or
ordinarily used for the destruction of wildlife,
or to trap or use nets on such property; or to
)55


.. '. .AN 1 AI. NI (. 76 -
T'I'lI..SPASS ANI, .IIIn' TO III"KAI.TY AND SIMIIAI ti.Al ; .Vl*'lN I.S ('h. t72T


.i :









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ii














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1

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JO


niathorized byI the ollifiials of the Flourilda
Ihoard of Regents, the IFlirida School for the
Deaf and the Blind, the Division of Plant In-
dustry or employees in charge of said property.
lllt.ry.-- lS ch. 10265, 1325: COL 7431: 12. ch. 63-204: Is,
ch. 67-8.
821.28 Penalty for violation of 821.25-
821.27.-Any persons violating any of the pro-
visions of 821.25-821.27 shall be guilty of a
misdemeanor of the second degree, punishable
as provided in 775.082 or 775.083.
lli.sUtry.-14. rh. ituri i,-, r (l. 74:32; =lr2. ch. 71.1::6.
821.29 Sheriff combining with trespassers
on state lands.-Any sheriff, or his deputies.
who shall combine with any person trespassing
upon the state lands, or engaged in getting logs
or other timber therefrom for sale, shall be
guilty of a felony of the third degree, punishable
as provided in 775.082, 775.083, or 775.084.
listory.-13. ch. 3020. 1877; RS 2523; OS 3418; ROS
V.174. (m.i. 7;u:. 'utl. ch. 71-.1:i.
cf.-Ch. 539. Misconduct by auctioneers, public officers and
employees.
821.30 Forcible entry.-Whoever forcibly
enters into the possession of the lands and
tenements of another, and does not, upon de-
mand made by the party entitled to possession,
vacate the same within four days after the de-
mand, shall be guilty of a misdemeanor of the
first degree, punishable as provided in 775.083.
Illstory.-23. th. 1630. 1868. RS 2524; OS 3419; ROS
527.:r CG(;I. 7194. '.ll.. ch. 71-13i.
821.31 Holding over by lessee whose lease
has expired; penalty.-
(1) It is unlawful for any lessee whose
lease has expired and no new lease thereon has
been executed or agreed upon tq hold posses-
sion of lands or houses after ten days' written
notice to vacate from the owner of such prop-
erty or his agent to such lessee.
(2) Any person violating the provisions of
this section. shall be guilty of a misdemeanor
of the second degree, punishable as provided in
775.082 or 775.083.
Itistory.--1. ch. 3144. 1879; RS 2525: OS 3420: ROS
s276; COL 7395; ill. 2. ch. 16066. 1933: COL 1936 Supp.
7;395 11; !Wr ch. 71.-1:6.
821.32 Trespasser may be arrested on Sun-
day without warrant.-Whoever is discovered
in the act of willfully injuring any fruit or
forest trees, or committing any kind of mali-
cious mischief on Sunday, may be arrested
by any sheriff, deputy sheriff, constable,
watchman, police officer or other person, and
lawfully detained by imprisonment in the jail
or otherwise until a complaint can be made
against him for the offense for which he was
arrested, and he be taken upon a warrant is-
sued upon such complaint, but such detention
without warrant shall not continue more than
twenty-four hours.


821.33 Trespassing on property of water.
works.-Whoever, without the consent of any
water company or municipal corporation own-
ing waterworks doing business within the
state, shall tap any pipe or main belonging
to such waterworks company for the pur-
pose of taking or using water of such com-
pany from such pipe or'main, or for any other
purpose; or whoever, without the consent of
such waterworks company, shall take or use
any water from such pipe or main, or from
any hydrant used for the purpose of taking
or drawing water froni said pipe or main, shall
be guilty of a misdemeanor of the second degree.
punishable as provided in 775.082 or 775.083.
listery.-- t. cl. 4424. 185; OS 3423; RGS 5281; COL
741t11 u1: 9 i. rh. 7L-1:li.
cf.-j822.1. Tamperlnl with meters. etc., belonging to
electric. gas. or water plants.
821.34 Trespass in counties where fences
dispensed with.-Whenever fences or enclos-
ures have been or shall hereafter be dispensed
with in any county or part of a county in this
state, by reason of any no-fence law, or law
making it unlawful for live stock to run at
large in such county or part of a county, the
laws of this state applicable to. offenses of
trespass against realty or injury thereto, or
to property thereon, or connected therewith,
and in regard to hunting or fishing, or other
kinds of trespass on lands, shall not become
inoperative, but shall apply to such unenclosed
or unfenced land with the same force and
effect as if such enclosures or fences had not
been so dispensed with. Notices required to
be posted on lands shall be sufficient if the
sign board shall have thereon in letters easily
seen and read the word "Posted" in letters
not less than two inches long and followed
by the owner's name.
Hillstory.-1. cLh. 4410. 1895; GS 3424; 51. ch. 6485, 1913:
ROS S282: COL o11.
821.35 Turning in stock where parties farm.
ing under one fence.-When two or more per-
sons are conducting and carrying on farming
operations under one and the same fence en-
closure, it shall be unlawful for any one or
more of said farmers operating a farm within
one fence enclosure to turn in any live stock.
or permit or allow any of their own live stock
to run upon any of said enclosed farming
territory at any time between the first day of
March and the first day of December of any
year, without first having obtained the written
consent of all the occupants of said territory
actually conducting farms within said one
fence enclosure; provided, that hogs shall be
kept out from the first day of March to the first
day of November. Any person convicted of
violating this section shall be guilty of a misdr
meaner of the second degree, punishable :ia
provided in 775.082 or 775.083.


2056


W I 'J, N_
4 *1. to
tr~s~ t:-J=Air.
)W~ e sat..r~6r;~~L~~F.h F


rh. 1 21 AN) I A INilY -1-0 lI %.Vl) .rlll.Alt `7N. 7 6 162

sh.sine, use i/"l,. 4. eh. shiner le.i; 2.
3423. 1514 21" Si.15
smi! lint- ter ioil isvi-ise fish ter *li-dut thel Clu. sh ter Cf. spill 640. Alot s., lon be moofo smt Rely clay.
fish ptuaslucts ois, to ssoAmi. hunt, sir stotherwistt kill fI'0 It. When arrest boy officer without warrant is
or to ratLch with ntCt any fish or rash jprootucts. laf)ul.
out of wa:it ers isn such ivrowl~erty; cxtcpt. wheisn so


ft&ML LM





I (1. 01* Il:SI'ASX AMN'I '.IltiV 'TO I<1.1.TY ANI .lIMli.Ahl, IUNSKI*S II.; P.h 4
* .- .," T -------r------------f ^-----^< ~
Sii.1..,,.- .. Ch. or.e. q m. IIn -t_. 40 9,, u17; Us 121..'8 Prliillic for trespiws.- Any per.-nn
1*. 'I. e I'43l 4,r;, rli!i. .. 71 I.. rotIl i(.tel -of tresl:a ss i s I tlefii,.d ill illy ectil, 'I .
821.37 rrespass on fruit groves; with in this c'l:tlpter whlerin n spccifir ieni.l.ty hnas
dadlly w ipon.- not been provided shalll be puninsled :as follow: ,I
(1) person in this state shall willfully. ,.
an d with ie view of trespassing, enter within (1) When the tr.spa..s is coimitled with- I
theboun ries of any citrus fruit or other fruit ult any lcsig t effect an injury or damage
g ove o orchardd without permission' of the he o tile P'roperty or to cause the removal there-
Soner o occupant authorized to give such from of any growing crop or other plant life
p rmi3si having been obtained, or animal, either wild or domestic, it is trespass
m h without nmlice and shall Ie a mnisdlcmean'or of
(2) person in this state shall enter with- the second degree, punishshle ,as provided in
in theb ndaries of any citrus fruit or other 775.082 or 775.083.
fruit gro or orchard while carrying a deadly
w -apon without permission of the owner or (2) When the trespass is committed with -
o cupan authorized to give such permission, a design to cause damage or injury to property
b ing p 'iously obtained, or to cause the removal therefrom of. any grow-
(3) e unauthorized entry of any person ing crop or other plant life or animal, either
within t boundaries of any citrus fruit or wild or domestic, it is trespass with malice
o her fr i grove or orchard shall be prima facie and shall upon first conviction he a misde-
e idence f the intention of such person to meaner of the first lderee, punishable as pro-
c mmit act of trespass and of intent to corn- vided in 775.082 or 775.083. Upon the second
it any her act pertaining to said land, the and subsequent conviction of trespass with .
itted ilets therin tohe ow undarithere cof said malice, the offender shall be guilty of a misdo-
g ove o orchard. meanor of the second degree, punishable as pro-
(4) y person violating any of the pro- vided in 775.082or 775.083.
v sions this act shall be guilty of a misde- (3) Nothing herein contained shall be i
Senor f the first degree, punishable as deemed to prevent the owner of said lands
p ovided 775.082 or 775.083. from recovering damages from the trespasser
(5) is act shall not repeal 822.23. by civil action.
History. 1.5. ch. 61-307: Li9FJ ch. 71.1:16. History.--l.L ch. 9'W44; 910. ch. 71.1:1. 7-



















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I* i
I 12057
XA'k .^%St
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2057 \ 8




*'.- ..'-





242


Prosecutions for trespass with a ma-
licious and mischievous intent. The
-Vounty`Jud'e's Court of Leon County, en-
tered judgments of conviction and the
defendants appealed. On appeal the con-
victions were affirmed by the Circuit
Court for Leon County and then by the
Florida District Court of Appeals, 175
So.2d 249, and certiorari was- granted.
The Supreme Court, Mr. Justice Black,
held that the arrest and subsequent cop-
victions for violation of Florida statute
on trespass with malicious and mischiev-
ous intent of student demonstrators who
had entered jail grounds to protest prior
arrests and city segregation policies and
who blocked for vehicular travel a drive-
way to jail entrance not normally used
by the public and who did not disperse
after being warned by sheriff did not de-
prive them of their constitutional rights
to freedom of speech, press, assembly, or
petition.
Affirmed.

Mr. Justice Douglas, Mr. Chief Jus-
tice Warren, Mr. Justice Brennan and
Mr. Justice Fortas dissented.


1. Courts 0'397'A/
Supreme Court granted certiorari to
determine whether the convictions of pe-
titioners for trespass following their pro-
test against jail and other segregation
policies had denied them their rights of
free speech, assembly, petition, and due
process of law and equal protection. U.S.
C.A.Const. Amend. 14.


7 8 I llPREME C


301 '.B. 39
lInrrict lol. 11 A1)I)I';III'Y et aId.,
IctitloncrM,
v.
STATE OF1' FLORIDA.
No. 19.
Argued Oct. 18, 1966.
Decided Nov. 14, 1966.
Rehearing Denied Jan. 9, 1967.
Sec 385 U.S. 1020, 87 S.Ct. 698.


7. Trespass C=88
Testimony showing that university
students protesting prior arrests of fel-
low students and city segregation poli-
cies entered jail grounds and blocked for
vehicular traffic a driveway to a jail en-
trance not normally used by public and
were warned that they would be arrested
for trespass if they did not leave and that
some did not do so and were arrested au-


--L LI.LII


' OURT REPORTER


I 7 a -I164
2. iiil l -----,n ---=13
Florida trcspa~ns statute cannot he
challenged on the grounds of vaIKICuenes
' as it i aimed at conduct of one limited
kind, that is for one person or persons
to trespass upon the property of another
with a malicious and mischievous intent,
and there is no lack of notice in this stat-
ute and nothing to trap or fool the un-
wary. F.S.A. 821.18.


3. Trespass 080
The requirement of Florida statute
that the trespass be with malicious and
mischievous intent does not broaden the
scope of trespass so as to make it cover a
multitude of types of conduct as does the
common-law breach-of-peace charge; on
the contrary, the requirement narrows
the scope of the offense. F.S.A. 821.-
18.

4. Tresupass -84
Florida prosecution for an alleged
trespass on jail grounds with malicious
and mischievous intent was not abated by
Civil Rights Act of 1964 regardless of
fact that the act of trespass was a means
of protesting segregation of public ac-
commodations establishments covered by
the Act. F.S.A. 821.18; Civil Rights
Act of 1964, 201 et seq., 42 U.S.C.A.
2000a et seq.
5. Criminal Law e=700
Petty criminal statutes may not be
used to violate minorities' constitutional
rights.

6. Constitutional Law eC266
State convictions based on a total
lack of relevant evidence would be a de-
nial of due process.





I ~ .
* C


thorizcd jury to fin,!mlt lv.try es.Inl i:il
cleIncIit of the cr% of tlres,:lais wilh
malicious and :tli.schlirI-vious iltnlat miller
Florida .statute h:ul h1e'nii proved with
respect to lrson. who had not left.
F.S.A. 821.18.

8. Courts C=3G(i(27)
The Florida court's definition of the
Florida statute on trespass with ma-
licious and mischievous intent was bind-
ing on the United States Supreme Court.
F.S.A. 821.18.

9. Constitutional L;w C-274
The arrest and subsequent convic-
tions for violation of Florida statute on
trespass with malicious and mischievous
intent of student demonstrators who had
entered jail grounds to protest prior ar-
rests and city segregation policies and
who blocked for vehicular travel a drive-
way to a jail entrance not normally used
by the public and who did not disperse
after being warned by sheriff (lid not de-
prive them of their constitutional rights
to freedom of speech, press, assembly, or
petition. F.S.A. 821.18; U.S.C.A.
Const. Amend. 14.

10. Trespass C=81
Nothing in United States Constitu-
tion prevented Florida from an even-
handed enforcement of its general tres-
pass statute against those refusing to
obey sheriff's order to remove them-
selves from what amounted to the cur-
tilage of the jail house, as state no less
than a private property owner had power
to preserve property under its control
for the use to which it was lawfully
dedicated. F.S.A. 821.18.

11. Constitutional Law C90
Persons who want to propagandize
protests or views do not have a constitu-
tional right to do so whenever and how-
ever and wherever they please.

T"Every trep"lnss upon the property of
nnotlier, cumnitted with a mnliciouq nnd
misclicvous intent, the punislhnmnt of
which is not specially provided for, shall


I. C 78 165
Unihtd Stat .ili) hh ..n..t i
forbid ia stale to control the use'of ilt
own property for its own lawful non-
discriminatory purpose. .

.---

Richard Yale Feder, Miami, Fla.,
for petitioners.. I
S 40
William D. Roth. Tallahassee, Fla., ../ I
for respondent, pro hac vice, by special
leave of Court.

Mr. Justice BLACK delivered the opin-
ion of the Court. iI
!
[1] Petitioners, Harriett Louise Add-
erley and 31 other persons, were convict- ;
ed by a jury in a joint trial in the County
Judge's Court of Leon County, Florida,
on a charge of "trespass with a malicious
and mischievous intent" upon the prem-
ises of the county jail contrary to 821
18 of the Florida statutes set out below.r '
Petitioners, apparently all students of ~ I
the Florida A. & M. University in Talla-
hassee, had gone from the school to the
jail about a mile away, along with many i.-
other students, to "demonstrate" at!;
the jail their protests of arrests of j!
other protesting students the day before, i
and perhaps to protest more generally
against state and local policies and prac-
tices of racial segregation, including seg-
regation of the jail. The county sheriff, i
legal custodian of the jail and jail
grounds, tried to persuade the students to
leave the jail grounds. When this did
not work, he notified them that
they must leave, that if they did .
not leave he would arrest them for
trespassing, and that if they resisted
he would charge them with that as well.
Some of the students left but others, in-
eluding petitioners, remained and they :
were arrested. On appeal the convictions i Ii


be punished by imprisonment not exceed-
ing three months, or by fine ,nt exceed-
ing one hundred dollars." Fla.Stnt. I
821.18. F.S.A. (1905).


tli NT 14. 22. 4 It|l| I


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87 SUPRI:ME 00O


were nfl...nled y the Flnrisln (Crcuit
Court ial Ithen by the Florida D)itrict
Court of Aphl.al. 175 So.2d 249. That
being the higher sta slte court to which
they could appeal, petitioners applied to
us for certiorari
41
contending that, in view
of petitioners' purpose to protest against
jail and other segregation policies, their
conviction denied them "rights of free
speech, assembly, petition, due process
of law and equal protection of the laws
as guaranteed by the Fourteenth Amend-
ment to the Constitution of the United
States." On this "Question Presented"
we granted certiorari. 382 U.S. 1023,
86 S.Ct. 643, 15 L.Ed.2d 538. Petitioners
present their argument on this question
in four separate points, and for conven-
ience we deal with each of their points in
the order in which they present them.

I.
Petitioners have insisted from the be-
ginning of this case that it is controlled
by and must be reversed because of
our prior cases of Edwards v. South
Carolina, 372 U.S. 229, 83 S.Ct. 680, 9
L.Ed.2d 697, and Cox v. State of Louisi-
ana, 379 U.S. 536, 559, 85 S.Ct. 453, 476,
13 L.Ed.2d 471, 487. We cannot agree.
The Edwards case, like this one, did
come up when a number of persons
demonstrated on public property against
their State's segregation policies. They
also sang hymns and danced, as did the
demonstrators in this case. But here the
analogies to this case end. In Edwards,
the demonstrators went to the South


URT ErORnsL 385 U.18
7 6--1 ,
way iu. only for Jail Jmurpinse. n
without warning, to or ,rmii.ssion from
the sheriff. More itnlmrt|antly, South
Carolina .sought to pro.scicte its State
Capitol demonstrators by charging them
with the common-law crime of breach of
the peace.
4s


This Court in Edwards took
pains to point out at length the indefinite,
loose, and broad nature of this charge;
indeed, this Court pointed out, 372 U.S.
at p. 237, 83 S.Ct at p. 684, that the
South Carolina Supreme Court had itself
declared that the "breach of the peace"
charge is "not susceptible of exact def-
inition." South Carolina's power to
prosecute, it was emphasized, 372 U.S. at
p. 236, 83 S.Ct. at p. 684 would have been
different had the State proceeded un-
der a "precise and narrowly drawn
regulatory statute evincing a legis-
lative judgment that certain specific
conduct be limited or proscribed"
such as, for example, "limiting the
periods during which the State House
grounds were open to the public
* *." The South Carolina breach-of-
the-peace statute was thus struck down
as being so broad and all-embracing as to
jeopardize speech, press, assembly and
petition, under the constitutional doc-
trine enunciated in Cantwell v. State of
Connecticut. 310 U.S. 296, 307-308, 60
S.Ct 900, 904-905, 84 L.Ed. 1213 and
followed in many subsequent cases. And
it was on this same ground of vagueness
that in Cox v. State of Louisiana, supra,
379 U.S. at 551-552, 85 S.Ct. at 462-463,
the Louisiana breach-of-the-peace law
used to prosecute Cox was invalidated. -


, .Carolina State Capitol grounds to pro- [2] The Florida trespass statute un-
"est. In this case they went to the jail. der which these petitioners were charged
Traditionally, state capitol grounds are cannot be challenged on this ground. It
open to the public. Jails, built for se- is aimed at conduct of one limited kind,
curity purposes, are not The demon-
curity purposes, are not The demon- that is, for one person or persons to tres-
strators at the South Carolina Capitol pass upon the property of another with
wnithohaul v ay pass upon the property of another with
went in through a public driveway and a malicioas and mischievous intent
as they entered they were told by state There is O lack of notice in this law,
officials there that they had a right nothing to entrap or fool the unwary.
as citizens to go through the State
House grounds as long as they were [3] Petitioners seem to argue that
peaceful. Here the demonstrators en- the Florida trespass law is void for
,i i tered the jail grounds through a drive- vagueness because it requires a trespass


!'.





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SI U.B. 44 A LDERLEY v. STATE 01' rLORIDA *
S('. a n N.c. 21 i t-
* be "with u nmulicioui mii.sclhivou
et *." Jut (these ,wlrds do not
a den the .cope of tr.csp.as. nto is to III.
ke it cover a nmultitude of types of 15] Petitioners next argue that
c duct as does the couinon-law breach. "petty criminal statute may riot be used i
J the- peace charge. On the contrary, to violate minorities' constitutional
Se words narrow the scope of the of- rights." This of course is true but this
3se.. abstract proposition gets us nowhere in '
The trial court charged the jury deciding this case
a o their meaning and petitioners have .
n argued that this definition, set out IV.
SbI w,2 is not a reasonable and clear def- [6] Petitioners here contend that
in on of the terms. The use of these Petitioners' convictions are based on a
s in the statute, instead of conrib- total lack of relevant evidence." If true,
ut i to uncertainty and misunderstand- this would be a denial of due process un- .
in, actually makes its meaning more un- der Garner v. Louisiana, 368 U.S. 157, 82
t de andable and clear. S.Ct. 248, 7 L.Ed.2d 207, and Thompson 4 9 1
v.. .*' v. City of Louisville, 362 U.S. 199, 80 S.
SCt. 624, 4 L.Ed.2d 654. Both in the pe-
Si. tuition for certiorari and in the brief on
Sthe merits petitioners state that their
St Petitioners in this Court invoke summary of the evidence "does not con- ,
ne of abatement announced by flict with the facts contained in the 9.I
th court in Hammv.CityofRock Hill Circuit Courts op on" which was in ef-
S 379 J.S. 306, 85 S.Ct. 384, 13 L.Ed.2d feet affirmed b the District Court of W
Cv But that holding was that the Appeal. 175 So.2d 249. That statement
Ci Rights Act of 1964, 78 Stat. 241, is correct. and petitioners' summary of .0,.,
Swhi made it unlawful for places of facts, as well as that of the Circuit
pubi accommodation to deny service to Court, hows an abundance of facts toircuit
S any rson because of race, effected an support thejury's verdict of guilty in
:aba ent of prosecutions of persons for this case.
S seek such services that arose prior to s :
the sage of the Act. But this case in In summary both these statements
no t involves prosecution of petition- show testimony ample to prove this: Dis- :
; ers seeking service in establishments turned and upset by the arrest of their : l I ,
cove by the Act. It involves only an schoolmates the day before, a large num- 1:
cove I by the Act. It involves only an ber of Florida A. & M. students as-
alleg trespass on jail grounds-a tres- ber of Florida A & M. students as-
pass i which can be prosecuted regardless sembled on the school grounds and de-
cided to march down to the county
of th fact that it is the means of pro- jail Some apparently wanted to be
s segregation of establishments put in jail too, along with the
*c y te A. students already there.3 A group of I
*i licious' means wrongful, you re-
-".' liiousac in the wrongful, you re- cious' ix by 'malicious' is meant the act I
en 1r back in the original charge. the was done knowingly and willfully and
:e Stat h ns to prove beyond a reasonable was i onue klnoigly u nd willfully nnd. i
n.o 4 tere was n analicious amd mis- w without any legal juistificntion.
*do thIere was itnt. )T orus mnlicious' l. isclaievous,' wlhic is also required, .
ClhicV a intent. j Tile word 'nmaliiousA'
S tht "te wrongful at hnll he aRe tghat tile alleged tre.ia.ss dl:all be W 4
Idne thant thiye wrongful net shll he inclined to cause petty and trivial trouble.
S don olutarily. unlawfully and without nnoyance nnd vexation to others in or-
N e c. io ust ifi ctio lac a'worid 'a- ler for you to find that tlhe alleged trcs-
itlh that is used in these affidavits pass was committed with mischievous in- .
does ot necessarily allege nor requires wtent c itt. 74. is
tle mate to prove that tle defendant ; .
hadl tul :lire in his mnind P t tle 3. The th ree petitioners who testified in-
mne the alleged tresld:|s. Another misted that they had not come to thie jail
ay sLatting the definition of 'mali.- for the purpose of being arrested. But l



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arouna)O n;marched
from thee school aind
arrived at thel jail singing and clapping.4
They went directly to the jail-door en-
trance where they were met by a deputy
sheriff, evidently surprised by their ar-
rival. lie asked them to move back,
claiming they were blocking the entrance
to the jail and fearing that they might
attempt to enter the jail. They moved
back part of the way, where they stood or
sat, singing, clapping and dancing on the
jail driveway and on an adjacent grassy
area upon the jail premises. This par-
ticular jail entrance and driveway were
not normally used by the public, but by
the sheriff's department for transport-
ing prisoners to and from the courts sev-
eral blocks away and by commercial con-
cerns for servicing the jail. Even after
their partial retreat, the demonstrators
continued to block vehicular passage
over this driveway up to the entrance of
the jail.- Someone called the sheriff who
was at the moment apparently conferring
with one of the state court judges about
incidents connected with prior arrests
for demonstrations. When the sheriff
returned to the jail, he immediately in-
quired if all was safe inside the jail and
was told it was. He then engaged in a
conversation with two of the
46
leaders. He
told them that they were trespassing up-
on jail property and that he would give
them 10 minutes to leave or he would ar-

both the sheriff and a deputy testified
that they heard several of the denmon-
strators present at the jail loudly pro-
claim tlieir desire to be arrested. Indeed.
this latter version is borne out by the
fact that, though nssertedly protesting tlhe
prior arrests of their fellow students
and the city's segregation policies, none
of the demonstrators carried any signs
and upon arriving at the jail, no spreclhes
or other verbal protests were made.
4. There is no evidence that any attempt
was made by law enforcement officers
to interfere with this march, or. for that
matter, that such officers even knew of
the march or its ultimate destination.


V'U


rcnt M m. Neilther of the ItadluTrM I0
ny\ .IK to tlisl'er.tu the crowd, and one
of them tol thie sheriff that they wanted
to get arrested. A local min islr talked
with some of the demnionstrator. and told
them not to enter the jail, because they
could not arrest themselves, but just to
remain where they were. After about
10 minutes, the sheriff, in a voice loud
enough to be heard by all, told the
demonstrators that he was the legal cus-
todian of the jail and its premises, that
they were trespassing on county property
in violation of the law, that they should
all leave forthwith or he would arrest
them, and that if they attempted to re-
sist arrest, he would charge them with
that as a separate offense. Some of
the group then left. Others, including
all petitioners, did not leave. Some of
them sat down. In a few minutes, realiz-
ing that the remaining demonstrators
had no intention of leaving, the sheriff
ordered his deputies to surround those
remaining on jail premises and placed
them, 107 demonstrators, under arrest.
The sheriff unequivocally testified that
he did not arrest any persons other than
those who were on the jail premises. Of
the three petitioners testifying, two in-
sisted that they were arrested before
they had a chance to leave, had they
wanted to, and one testified that she did
not intend to leave. The sheriff again
explicitly testified that he did not arrest
any person who was attempting to leave.

5. Although some of the petitioners testi-
fied that they liad no intention of inter-
fering with vehicular traffic to and from
the jail entrance and that they noticed
no vehicle trying to enter or leave the
driveway, the deputy sheriff testified that
it would have been impossible for auto-
mobiles to drive up to tlhe j:il entrance
and that one cerviceman, finished with
his business in the jail. waited inside be-
cause the demonstrators were sitting
around and lining against his truck
parked outside. The sheriff testified that
tile time the demionstrntors were there,
between 9:30 nnd 10 Monday morning,
was gecnrally a very busy time for us-
ing tile jail entran-te to transport week-
end Inmates to- the courts nud for trades-
men to make service calls at the jail.

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14. ~~1 -- _~ -~- -_1 -L- --- --rI




1 J.Ji. u.S. AUD)i.T1 Y SiTA 'Ui or FARIDA 247 t
7-
7. 1- -" 17-1J2J lehr frll-'goina t'sti- t.los' refusing f llNy the liheriff's .
e i. m any the jury wai. uturized to find order to remove tlhiremselves fronr what
that the State had Iroviltn every esstcntial amounted to the curlilauc of the. jail-
d element of the crime, as it was definted by house. The SLate, no less than a private
the state court. That interpretations is, owner of property, ha;s lower to preserve a

I the question of whether conviction of the use to which it is lawfully dedicated. I
state offense, thus defined, unconstitu- For this reason there is no merit to the ::
tionally deprives petitioners of their petitioners' argument that they had a
rights to freedom of speech, press, as- constitutional rightlto stay on the prop- i
sembly or petition. We hold it does not. erty, over the jail custodian's objections, I
The sheriff, as jail custodian, because this "area chosen for the peace- i
47 ful civil rights demonstration %was not
had| power* only 'reasonable' but also particularly
as the state courts have here held, to di- only 'reason bt o particu arlg
appropriate ." Such an argu- \
rect that this large crowd of people get .
rect tat large people get .i n ment has as its major unarticulated .
off the grounds. There is not a shred of premier te .;i
premise the assumption
evidence in this record that this power 48
S. was exercised, or that its exercise was that people who i
sanctioned by the lower courts, because want to propagandize protests or views .I
the sheriff objected to what was being have a constitutional right to do so when- i A '
sung or said by the demonstrators or be- ever and however and wherever they .
cause he disagreed with the objectives please. That concept of constitutional i 4
of their protest. The record reveals that law was vigorously and forthrightly
She objected only to their presence on rejected in two of the cases petitioners
that part of the jail grounds reserved for rely on, Cox v. State of Louisiana, supra, am.
jail uses. There is no evidence at all that at 554-555 and 563-564, 85 S.Ct. at 464
on any other occasion had similarly large and 480.' We reject it again. The *1
groups of the public been permitted to United States Constitution does not for-
gather on this portion of the jail grounds bid a State to control the use of its own '3 .
for any purpose.6 Nothing in the Con- property for its own lawful nondiscrim- :
stitution of the United States prevents inatory purpose. j
Florida from even-handed enforcement These judgments are affirmed. t i 1 {.i
of its general trespass statute against Affirmed. d i'

6. In Cox v. State of Louisiana, supra. 379 with opinions or beliefs to express may
US. at 558, 85 S.Ct. at 460, the Court address a group at any public place and Ill .
emplinsized: "It is, of course, undisputed at'any time. The constitutional guarau- i
that appropriate, limited discretion, under tee of liberty implies the existence of an qi h
properly drawn statutes or ordinances, organized society maintaining public or- i.
concerning the time, place, dur:-tion. or dcr, without wlich liberty itself would
manner of use of the streets for public be lost in the excesses of annrrcly. *
assemblies may be vested in adlministra- A group of demonstrators could not in- ; :
tive officials, provided that such limited sist upon the right to cordon off a street, I i:; [l.'
discretion is 'exercised with "uniformity or entralre to a public or private build-
of rocthod of treatment upon the facts of ing, and allow lno one to pass who did not :
t each application, free from improper or agree to listen to their exhortations."
,inappropriate considerations and from 379 U.S., at 554-5'55, 85 S.Ct.. at 404.;
"'.* unfair discrimination" [and "The conduct which is thle subject of i
*: ? with] a "systematic, consistent and just this statute-pirlicting and par:ading-is .*
order of treatment, with reference to the subject to regulation even though inter-
A convenience of public use of the highways twined with expression and association. !
*" The examples are many of tle ipplica- :
d }" tion by this Court of the principle tlat '
S7. "The rights of free speech and assembly, certain forms of conduct mixed with
while fundamental in our democratic so- speech may be regulated or prohibited." '
city, still do not mean that everyone Id., at 53. 85 S.Ct., at 480. i
1. V
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