Spring Break fun on Florida’s waters can take a wrong turn fast. This article is part of our 10-article series on the unexpected ways a day of partying can turn into a serious legal issue.
A Relaxing Day on the Water Can Turn Into Legal Trouble
Florida’s waterways are some of the most inviting in the country, especially during Spring Break. With miles of canals, private docks, and waterfront homes lining the Intracoastal Waterway, it may seem tempting to tie up your boat and enjoy the scenery. But before you step off onto a dock that isn ’t yours, you should know that unauthorized docking can be considered trespassing under Florida law.
A simple mistake – whether it’s stopping at the wrong dock, tying up without permission, or stepping onto private property – can quickly escalate into criminal charges.
Real-World Example: A group of Spring Breakers in Miami Beach docked their boat at an empty dock to take a break. Thinking the house was vacant, one person walked onto the deck and used the pool. The homeowner, seeing this on security cameras, called the police. The individual was charged with criminal trespass, while another was arrested for entering a boat that wasn’t theirs. A fun afternoon turned into a serious legal situation.
At BD Law, we help Spring Breakers, boaters, and tourists navigate Florida’s strict property laws and defend against trespassing-related charges. Knowing your rights and understanding the law can make all the difference in avoiding legal trouble this Spring Break.
Is Docking Without Permission Considered Trespassing in Florida?
Yes. Florida law treats private docks, boats, and backyards along the water as private property. That means that docking at a private dock or stepping onto a boat or waterfront property without permission could result in a criminal trespassing charge.
Key Legal Points:
- Unauthorized docking or tying up to a private dock is considered trespassing if the owner has not granted permission.
- Entering a docked boat without permission is burglary of a conveyance, a more serious offense that can lead to felony charges.
- Jumping into a private pool or backyard from your boat is still considered criminal trespass and could put you at risk of encountering an armed property owner.
Many Spring Breakers and tourists make the mistake of thinking waterfront docks or boats are fair game, but in Florida, private property laws apply just as strictly on the water as they do on land.
What Happens If You Trespass on a Private Dock or Boat?
If you are caught docking on private property without permission, several things can happen:
The Property Owner Calls Law Enforcement
Many waterfront homeowners in Florida closely monitor their property, especially in high-traffic boating areas. If they see an unfamiliar boat docking or someone stepping onto their dock, they may call the police or Florida Fish and Wildlife Conservation Commission (FWC) officers.
You Could Be Charged With Criminal Trespassing
Under Florida Statutes § 810.08, you can be charged with trespassing for entering or remaining on private property without the owner’s consent. Trespassing penalties include:
- Up to 60 days in jail and a $500 fine for a second-degree misdemeanor.
- Up to one year in jail and a $1,000 fine for a first-degree misdemeanor if a warning was given, and the person refused to leave.
You Could Face Felony Charges for Entering a Boat Without Permission
If you enter someone’s boat without permission, you could be charged with burglary of a conveyance (Florida Statutes § 810.02), which is a felony offense. This could lead to:
- Up to five years in prison
- A $5,000 fine
- A permanent criminal record
How to Avoid a Trespassing Charge While Boating
If you’re out on the water, stay on the right side of the law by following these simple rules:
- Use only public docks or marinas: Always check for public docking areas, mooring fields, or marinas before tying up.
- Get permission before docking: If you want to dock somewhere private, ask for permission first.
- Do not enter boats, docks, or properties without consent: Even if it looks abandoned, it’s still private property.
- Avoid jumping into private pools or properties: Many waterfront homes have security cameras and armed owners who may perceive trespassing as a threat.
- Understand the law before you go out: Know the trespassing laws in Florida to avoid legal trouble.
What to Do If You Are Accused of Trespassing on a Dock or Boat
If you are stopped by law enforcement or accused of trespassing, keep these things in mind:
- Do not argue or resist: Cooperate and remain calm.
- Do not admit guilt: Even a simple apology can be misinterpreted as an admission of guilt in court.
- Request legal representation: A criminal defense attorney can help defend your case.
- Document your side of the story: If you had no intent to trespass, your lawyer can argue lack of intent as a defense.
Why Hiring a Criminal Defense Attorney is Critical
A trespassing charge may seem minor, but it can have serious legal consequences, especially if it escalates into burglary of a conveyance or criminal mischief. Hiring an experienced Florida criminal defense attorney can help you:
- Fight the charges: Your attorney may argue lack of intent, mistaken identity, or lack of evidence.
- Reduce or dismiss the charges: In some cases, charges can be dropped or reduced to civil citations.
- Protect your record: Avoiding a criminal record is crucial for future employment and travel.
At BD Law, criminal defense attorney Brandon Dinetz and his team have extensive experience defending clients against trespassing and criminal charges. As a former prosecutor, Brandon understands how the system works and fights to protect his clients from unnecessary convictions.
Final Thoughts: Think Before You Dock
A fun day out on the water can quickly turn into an arrest if you’re not careful where you dock. Florida takes trespassing seriously, and even a simple mistake can carry legal consequences. If you are facing trespassing charges, you need a legal team that understands the system and knows how to fight back.
Accused of Trespassing in Florida? BD Law Can Help
If you or a loved one has been cited or arrested for trespassing on private docks, boats, or waterfront properties, don’t leave your future to chance. BD Law is ready to fight for you. Contact us today for a free consultation and the strong defense you deserve. We serve clients in West Palm Beach, Miami, Fort Lauderdale, Orlando, Tampa, and across Florida.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult with an attorney for legal guidance on your specific case.