.png)
Trespass & Theme Park Bans
Living in the shadow of the world's busiest theme parks gives Osceola and Orange County a criminal charge most of the country rarely sees: theme park trespass. Tourists and locals alike get stopped by park security, walked to an office, read a trespass warning — sometimes a “lifetime ban” — and occasionally handed over to a deputy for a criminal charge. Outside the parks, the same statutes cover disputes with ex-landlords, retail bans, and arguments that ended with “and don't come back.”
Trespass is a crime of warning and defiance — which means the warning, who gave it, and what exactly it covered are where the defense lives. Call or text 407-846-8008.
The Law
• Trespass in a structure or conveyance (§ 810.08): entering or remaining without authorization, or refusing to leave after being asked by someone with authority. Second-degree misdemeanor — up to 60 days; first-degree misdemeanor if a person is present; third-degree felony if armed.
• Trespass on property other than a structure (§ 810.09): land and fenced/posted areas, with its own enhancement ladder (including construction sites and posted agricultural land).
• A prior warning is what converts an otherwise lawful visit into a crime: once told to leave or stay away by the owner or an authorized agent, returning — even years later, even to a different gate of the same property — supports an arrest.
The Theme Park Scenario
Park security teams issue trespass warnings every day — for alleged ticket misuse, intoxication, disputes with staff, filming violations, or conduct in line. Three things matter:
1. A trespass warning is not a conviction — it's a private property owner exercising its rights. But it is documented, photographed, and enforced, and returning afterward is the crime, prosecuted on the park's records and testimony.
2. The scope question is real. Corporate resort properties span hotels, shopping districts, and multiple parks under different entities. Whether a warning lawfully covered the place of the alleged return — and whether the person charged is actually the person warned, years later — are genuine, winnable issues.
3. Season pass and ticket consequences are contractual and separate from the criminal case; handling the criminal charge well is the prerequisite to any attempt at reinstatement.
If you're a visitor who flew home after an arrest or notice to appear, these cases can often be handled without your returning to Florida — but not if the court date is missed. A missed date means a warrant that waits for your next vacation.
Defenses
• No valid warning — the State must prove an authorized person communicated it, and that the defendant was the one warned;
• Authorization or invitation — tickets purchased and accepted, open-to-the-public areas, and mixed messages from staff;
• Scope — warned off one property, charged on another;
• The refusal element — “refusing to leave” requires a real directive and real defiance, not a slow exit during a dispute;
• Resolution — trespass is a classic diversion/dismissal charge for first offenders, and a dismissed charge can be expunged.
Frequently Asked Questions
I got a lifetime ban but wasn't arrested. Do I have a criminal record?
No — a warning alone is not a charge. Keep the paperwork: the ban's scope matters if you're ever accused of returning, and counsel can sometimes negotiate with the property on older bans.
I was arrested at a park on vacation and I live in another state.
We appear for you, negotiate, and resolve — typically with no return trip. Call before the arraignment date on your paperwork.
Can a store or park really ban me forever?
Private property owners may exclude almost anyone for almost any lawful reason. The criminal exposure comes only from returning — so until a ban is lifted, treat it as real.
Is trespass worth hiring a lawyer over?
A trespass conviction is still a permanent criminal record affecting jobs and immigration. Handled right, many of these cases can end with no conviction at all — which is worth far more than the cost of handling it right.
Small Charge. Permanent Record. Easy Choice.
Call or text 407-846-8008 for a free consultation with former prosecutor Chad Seibel. Office visits are by appointment only.