Removing Trespassers

[frigate]

What is the name of your state (only U.S. law)? FL

If someone enters my yard/property around the house, is that trespassing?

What am I allowed to do to make them leave? Can I try to physically remove them?

If they won't leave and get agitated, can I force them to leave by presenting a firearm?

If I'm not allowed to do any of those things, and am only allowed to call the police, am I just supposed to sit there even if my property is being destroyed?

I think in Florida, I can only use a gun to protect a person against death or great bodily harm, not for any property.

Some things can't be replaced if destroyed.

Contrary to what some might advocate, I don't want to be a nice little victim.

 

[Tallrat]

If someone enters my yard/property around the house, is that trespassing?

Usually

What am I allowed to do to make them leave? Can I try to physically remove them?

Ask them to leave - No you cannot

If they won't leave and get agitated, can I force them to leave by presenting a firearm?

Good way to get your self killed

If I'm not allowed to do any of those things, and am only allowed to call the police, am I just supposed to sit there even if my property is being destroyed?

No don't sit - Go to a phone and call police

I think in Florida, I can only use a gun to protect a person against death or great bodily harm, not for any property.

Put the gun down. Even if you are right you will go through one legal hassle you dont want

Some things can't be replaced if destroyed.
Contrary to what some might advocate, I don't want to be a nice little victim.

If you go guns a blazing you will be more than a victim. Call law enforcement and let them handle it.

 

[HuAi]

Videotape the tresspass if you can

 

[HomeGuru]

OP, , it is not the Wild Wild West.

 

[hoahell]

hmmmm

A lot of farmers in Florida routinely shoot at trespassors. Not saying this is a good thing, but just saying they do. The said trespassors are insurance surveyors, that run like hell LOL

 

[divgradcurl]

OP, you might want to look up Florida Statutes 810.08 and 810.09. In particular, 810.09(c) states, in part:

"Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and that the person to be taken into custody and detained has committed or is committing the violation. If a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention in compliance with the requirements of this paragraph does not result in criminal or civil liability for false arrest, false imprisonment, or unlawful detention."

810.09 discusses generally trespassing onto land. 810.08 is trespassing into a building or vehicle. This is essentially a citizen's arrest -- it is not clear if this extends to using force to get someone off of your property. A quick Google search suggests that you can use reasonable force to remove a person unlawfuly on your property, once said person has been ordered to leave and refused the order.

As far as firearms go, a person may open carry on their own property: 790.053. You will want to review 776.013 for info on lawful uses of deadly force -- protecting property is not one of them. Brandishing a firearm when there is no fear of imminent death or great bodily harm may be problematic, but certainly just carrying a gun on your person, while on your own property, is perfectly lawful.

No don't sit - Go to a phone and call police

When seconds count, the police are only minutes away.