Private landowners have the legal authority to issue trespass notices without requiring a prior criminal conviction, and under Florida Statute § 810.09, willful return to property after receiving a notice constitutes a crime regardless of the individual's understanding of the notice's scope; additionally, Florida Statute § 810.092B elevates repeat trespass on the same property to a third-degree felony, meaning prior convictions trigger enhanced penalties for subsequent violations.
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Bodycam Analysis: Man Arrested Twice at Disney World in 45 Days | Florida Trespass Law ExplainedAdded:
My annual pass still works.
>> Okay.
>> Do you have your annual pass on you?
>> It's in my watch.
>> Oh, it's in your watch.
>> All I have to do is just scan it over.
>> In summer 2023, a man received a Disney World trespass notice, returned twice, and was convicted on all counts.
>> See the bowl that we're going to put out, and they're going to freak out when he comes through here.
>> I know.
>> And we're going to have to explain to him.
I don't like >> as long as he's just going to the golf course and not stopping at the hotel for any reason. Like he must come straight here to the golf course.
>> Well, I know. I think he's a a big Disney guy. So, is he?
>> This may >> well >> really take him off then. So, >> well, we can tell him he can get with his attorney and they can get with Disney.
>> Obviously, you have a good attorney. You kept yourself from being arrested.
>> So, let me find out where he's at. You guys want to stay here? All right.
Thanks.
>> Um I I have a trespass. I've >> got a minute. We got to talk to you for a minute, sir.
>> Yeah. We got to speak to you for a moment. Okay.
>> All right. So, >> you're not in trouble right now.
>> Okay.
>> Okay. Uh I guess Disney was made aware of an incident uh from the 11th at the Rosen >> uh in involving some golf clubs. I guess >> so. Well, you're not in trouble right now. We're not going to haul you off in handcuffs.
>> Disney wants to trespass you from Disney property, which does not include the golf course.
>> The golf course is up. You just can't go if you have any >> any of the parks or anything like that.
>> Disney was made aware of it cuz all that stuff's public record. They were aware that you were here.
>> So, someone somewhere in their infinite wisdom goes, "Oh, trespass. That's why we're here. That's the only reason."
>> And and I I don't know. It's up to you if you have an attorney.
>> I was going to say, does this have to do with my ex-wife or >> I have no idea who your ex-wife is.
>> No, I have no idea. None. Our job right now is just to hand you this piece of paper and tell you if you go on Disney property, you end up going to jail. But you can drive through Disney property to get to this particular course because it's not only >> you have to go through the hotel to get there.
>> Yes. So, >> and the roads on Disney property >> I don't know what's about to be honest.
>> The roads on Disney property are Ready Creek property. So, you know, even though you're at Disney, you're not on Disney property. So, >> unbelievable. Ah, she is something. I'm going to toss.
>> I don't know if that's because of your ex-wife.
>> Yeah, we don't know for sure. I don't know what kind of pool she has. We don't know if this is that. I have no idea.
But >> can you see that real quick? We'll just give you >> Here's the scene.
>> All right, we got we got a twist here.
>> Disney >> Disney owns the property.
>> They're just managing it. So, they don't want you on the property either. So, I don't know how you guys want to work that. It's whatever. But after we're done with the trespass, you guys are going to have to Well, you're going to have to leave. You don't have to.
>> At least finish the round.
>> So, that's entirely up to you. Uh what they they say it's if they want him off the property immediately.
>> From our senior, >> I'm going to say >> right now, >> he's he's the boss. the guy you just spoke to.
>> I'll call you.
>> No, you're not going to be able to.
>> It's I don't know how you guys want to do whatever with what they paid or anything like that. That would be him.
>> Yeah.
>> Yeah.
>> We'll we'll take care of the paper.
>> Okay. Yeah. I I don't know.
>> I don't know if you want to reimburse half of it or >> I will give him the whole thing.
>> All right. He >> Yeah, he's he's control like he's managing the prop. They'll give you a refund.
>> So, but yeah, just to make things easier.
All right, sir.
>> Uh, here's your copy. I doubt you'll be able to read much of it because it's like the sixth copy down, but >> that's okay. As long as >> I'm sure that I'm sure the experience will be memorable enough where you won't need to be able to read it.
>> You're good.
>> Yeah, go ahead. Cool.
>> So, he's going to read you that little blurb per our policy and then we're done.
>> Very little information.
>> Do you remember speaking to Detective Ronald Allen >> about some clubs?
>> Yes.
>> Okay. So, that's what that's about.
Okay.
>> And that's that whatever the case that is, >> they were made aware of it come over to >> their higherups, whoever's on the phone >> was made aware of it and they thought, "Oh, well, let's just trespass him >> before." Okay. So, that's why.
>> So, then in that case, if those charges are dismissed or never brought to >> that would then be between you and the 10,000 PO box, whatever. that. And so, >> do you want to take a photo of this so you have a better copy of it? Cuz I know that like I I joke around about it, but it really is you can't really read it.
So, you got your phone on you? Yeah.
There you go.
>> The first issue is Disney's legal authority. Walt Disney World is wholly private property managed by a single corporate entity under Adly v. Florida 1,966.
Private resort property may restrict access and enforce trespass like any private land owner. No criminal conviction is required to issue a trespass notice. Ownership and control are the only legal prerequisites.
Is this a friendship boat?
>> I'm not sure. What's your name?
>> Jeffrey.
>> Jeffrey. What's last name?
>> Man, man.
>> Yeah, >> okay.
>> Where have you been previously trespassed from Disney?
>> No.
>> No.
>> Can you come with us? We got to figure we got to figure something out.
You have anything on you that's going to stick full car me.
>> Do you have a car?
>> I do. That's >> Is it a rental or is it import?
>> It's my car.
>> Where's it parked?
>> Over the car. That's why I was asking if you guys I didn't know I I didn't know I was not allowed here. I thought I just couldn't go to the golf course.
I'll turn the air off for you.
>> He just wouldn't leave.
>> What's up?
>> He just wouldn't leave.
>> Apparently, he didn't know that he's trespassing all Disney property. He thought it was just a golf course.
>> Oh, he got trespassed earlier.
>> The second issue is the scope defense.
Florida Statute 810.09 requires willful return to property after notice to depart. Willfulness does not require knowledge of every property boundary, only knowledge that a notice was issued and a voluntary return. The subject acknowledged receiving the notice. His belief about its scope does not negate willfulness under Florida law. At the third encounter, the subject stated he planned to use his annual pass to enter Magic Kingdom. That admission established willfulness. The third issue is the dismissal defense. The subject argued his first arrest was dismissed.
Therefore, the notice was void. That is legally incorrect. A criminal charge and the underlying civil trespass notice are two separate legal instruments.
Dismissal of the charge does not revoke the notice. Only the property owner can revoke it and Disney did not. The fourth issue is felony enhancement. Florida Statute 810 092B elevates repeat trespass on the same property to a thirdderee felony. A prior conviction for trespass at the same location triggers the enhancement.
The subject's exposure escalated with each return.
>> I'll be going out with that subject 4600 North Drive. How you doing, sir? Hi. Can I talk to you for a second?
What's up?
>> Do you have any identification on you?
>> Uh, yeah. It's back at the hotel. Okay.
>> You want to walk with me or >> No, just hang out here. Hang out here.
All right. Just come over here in my car.
>> Hey, Mom.
>> Hang out.
>> Hey. Um, come here.
>> I'm with the a sheriff right now at Disney again.
I love you. Bye.
>> What is your name?
>> My name is Jeffrey.
>> Jeffrey? What?
>> Okay. Jeffrey, uh, you don't have anything on you with your identification?
>> Yeah.
Okay. Is this okay? Is >> that Is that all right? Do you have anything else on you that's going to hurt me, cut me, poke me? No.
>> All right. Do you mind if I search you real quick?
>> Am I in trouble?
>> Just for my safety and your safety.
>> What What have I done wrong?
>> Nothing. I just checking out with you.
Make sure that you're all right. All right. Just do you have anything on you that's going to hurt me, poke me, cut me? Can I search you?
>> Anything wrong? I'd really like to just leave.
>> Well, I'm You're not free to leave right now. Okay.
>> Why is that?
>> You match somebody that we're looking for. Okay. So, I I need to get some of my friends over here and make sure that I got the right person. So, do me a favor. Just put your phone on the hood right there. All right. You're not under arrest right now.
>> All right. Do you have anything on you that's going to hurt me?
>> No, it's just just here. I can put it here on the >> Okay. Do you have your driver's license or some type of form of ID in there?
>> Yeah, you do. Right there. Yeah, it's right there.
>> Can you pull it out there for me?
Have you ever been trespassed from Disney before?
>> Yes, but then I also had it taking >> So, what are you doing back here?
>> Mom, I think they're arresting me.
>> I I haven't I haven't said that. Why are you telling Why are you telling her that I'm arresting you?
>> Because you guys are surrounding me with police cars.
>> These are my friends. Remember I told you my friends were coming to help me out so I can figure this out. All right.
And that's what we're doing. All right.
You're not in handcuffs. All right.
>> Okay. Just calm down.
>> He's fine. Everything's fine, ma'am.
>> All right. So, you're more than welcome to stay on the line. There's no reason to, but you can if you want. All right.
Um, so like I was saying, you've been trespassed for Dizzy before, right?
>> Correct. I am. And then we took care of that where we got it all dismissed.
>> How'd you do that?
>> Because I went to court and because I had purchased things on property, then they said that that negates the trespass.
>> Okay.
>> And that's why they got rid of the charge.
>> Okay.
>> So, they let me go.
>> Okay. But that's not how a trespass works, unfortunately.
>> You guys just let me leave the property and cuz I didn't know >> I I'm not in charge right now. I I have to talk to my partners at Disney and you know, we got to go from there. Okay.
>> I don't I don't want to go to jail, please, sir.
>> Huh?
>> I really don't want to go to jail, sir.
>> I I can't help that. If you're not supposed to be here, >> you know, when's the last time you were in jail?
>> It was a month ago when we took turn.
>> Month ago. Okay.
>> But I've never done anything wrong on Disney property.
>> Okay.
All right. Do me a favor. Just hang out with my friends right here and I'll be right back.
Is she coming over here?
>> Jeffrey, you ever been to Nevada?
>> Uh, I have. And And that's supposed to be nonextraditable.
>> Okay.
>> Cuz I have someone fixing that as well.
>> Oh, okay.
>> Yeah, that's uh pretty bad. Pretty bad, right? if you get arrested or got a warrant out of Nevada.
>> Well, that's a month ago. That's when they ran my driver's license.
>> You had a really bad month, didn't you?
>> I did.
>> Yeah.
>> You got trespassed from Nevada and you got or you got >> Disney.
>> You can't go back to Nevada. You can't go back to Disney.
>> That's a pretty bad month.
>> In trouble, >> huh?
>> I swear I would never come back. Just hold on tight. Let let me work with Disney here. See what we got.
>> Has he got the paperwork?
>> Yeah, they're picking it up now.
>> Oh, okay.
>> Yeah, that's what we're waiting on.
>> Okay.
>> Yeah.
>> All right.
>> All right, Jeffy, turn around.
>> Okay. Well, we just want to make sure you're going to be arrested for trespass after warning. Okay.
You are not under any circumstances allowed to come back to Disney World property anywhere for any reason. Okay. All right.
Hopefully we understand this time. Right here. Put yourself right up against the flag. All right. Lean forward.
>> So, is that what you're using?
>> I do. Yeah. or that North Carolina address.
>> No, I live right there behind Space Mountain actually preserves.
>> James, the uh one is the correct one.
So, what brings you out here today?
>> I was visiting a friend at the Contemporary and I was going to go to the Magic King.
>> How How are you going to get in?
>> Well, my annual pass still works.
>> Okay.
Do you have your annual pass on you?
It's in my watch.
>> Oh, it's in your watch.
>> All I have to do is just scan it.
>> Oh, okay.
All right.
>> The lead deputy receives an A minus.
Trespass procedure was correct across all three encounters. Force was proportionate throughout the deduction.
Failing to verbally state the full scope of the notice on camera at the first encounter enabled the scope defense. The subject receives a D+. He did not physically resist. His defenses, while creative, were legally incorrect and self-defeating. His on camera admission about the annual pass directly established the willfulness the prosecution needed to prove. Takeaway one, a trespass notice from a private landowner requires no criminal predicate. It is valid on issuance alone. Takeaway two, dismissal of a criminal trespass charge does not void the underlying civil notice. The two are legally independent. Takeaway three, voluntary on camera statements can complete a criminal charge. Silence is always the safer option at a scene. Let us know if there is a topic you would like us to cover in the comments below.
Thank you for watching.
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