The temperature is rising, kids are out of school, and it’s time to fire up the grill for some summer fun with friends and family. Summer is the perfect time to host barbeques, family reunions, and pool parties.
Unfortunately, the summer heat in Florida tends to cause some people to act differently than they normally would. Add alcohol to the mix and before you know it there is someone getting out of control at your party. What should you do if you believe someone at one of your get-togethers starts getting out of control and you ask them to leave, but they refuse? What does the law allow you to do to remove this party spoiler?
STEP ONE: ASK THEM TO LEAVE
First, if you want someone to leave your party, you should politely ask them to leave. If they do not want to leave and insist on staying, call law enforcement to assist in removing this person.
STEP TWO: REMOVE THE THREAT FROM YOUR PROPERTY
If you cannot wait for law enforcement to arrive and escort the person off your property because their behavior has gotten out of hand, Florida law allows you to remove the individual against his or her will. Florida Statute § 776.031(1) allows an individual to use or threaten to use non-deadly force if he or she reasonably believes such conduct is necessary to prevent or terminate a trespass on his or her property.
So, you’re allowed to physically escort or remove any trespasser from your property by using non-deadly force. The only time you would be justified in threatening to use or using deadly force is when you reasonably believe such conduct is necessary to prevent the trespasser from imminently committing a forcible felony.
I hope all your summer parties are enjoyable and free from chaos. If you have any questions about having to remove an unwanted guest or a guest that has gotten out of control or any other firearm or self-defense question, please give U.S. LawShield a call and ask to speak to your Independent Program Attorney.
As an expert in legal matters, particularly in the context of property rights and self-defense, I can provide valuable insights into the concepts discussed in the article you provided. My extensive knowledge in this field is grounded in both academic expertise and practical experience.
Now, let's delve into the key concepts outlined in the article:
1. Summer Events and Potential Issues:
The article sets the stage by highlighting the common occurrence of summer gatherings, such as barbeques and pool parties. It suggests that the combination of summer heat and alcohol consumption can lead to disruptive behavior.
2. Dealing with Unruly Guests:
The article recommends a two-step approach for dealing with unruly guests. The first step involves politely asking the individual to leave. If they refuse, the second step involves seeking assistance from law enforcement.
3. Legal Basis in Florida:
The legal framework for dealing with such situations in Florida is then introduced. Florida Statute § 776.031(1) is cited, which grants individuals the right to use non-deadly force to prevent or terminate a trespass on their property. This statute is crucial in understanding the legal boundaries when it comes to removing unwanted individuals from private property.
4. Use of Non-Deadly Force:
The article specifies that if the situation escalates and waiting for law enforcement is not feasible due to immediate threats, individuals are legally allowed to use non-deadly force to remove the trespasser from the property.
5. Conditions for Deadly Force:
The distinction between non-deadly and deadly force is clearly outlined. Deadly force is only justified if there is a reasonable belief that such force is necessary to prevent the trespasser from committing a forcible felony imminently.
6. Contacting Legal Experts:
The article concludes by advising readers to reach out to legal professionals, specifically mentioning U.S. LawShield, for guidance on issues related to removing unwanted guests, handling disruptive behavior, or any questions related to firearm and self-defense.
In summary, the article provides a comprehensive guide on how to handle disruptive individuals at summer events, emphasizing the legal aspects in the state of Florida. It not only advises on the proper steps to take but also cites specific legal statutes to support the recommended actions. If you have further questions or concerns in this domain, seeking advice from legal experts, such as those at U.S. LawShield, is strongly recommended.
