A.J.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2016-01-13
No. 4D14-1506
GERBER and KLINGENSMITH, JJ., concur.
182 So. 3d 895 Florida District Court of Appeal, Fourth District (2016)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A juvenile appellant was charged with trespass after refusing to leave a McDonald's when ordered by a Coral Springs police officer. The appellate court affirmed the trial court's admission of a photograph of a posted sign authorizing all Coral Springs police officers to order persons to leave the premises, rejecting the appellant's hearsay objection.


Holding

The posted sign does not constitute hearsay because the words amounted to a verbal act with independent legal significance—specifically, the conferral of authority on police officers to communicate trespass orders. The sign properly proved that the officer was authorized under § 810.09(3) because the owner through the posted sign conveyed authority to all Coral Springs police officers.


Headnotes

[1] A sign posted on private property authorizing law enforcement officers to order individuals to leave the premises constitutes a verbal act, not hearsay, when offered to p…

[2] The words on a sign have independent legal significance and are admissible to prove the law attaches duties and liabilities to their utterance, rather than for the truth…

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Key Quotes

“The words on the sign amounted to a verbal act and not hearsay, because they had 'independent legal significance — the law attaches duties and liabilities to their utterance.'”

Establishes the core legal principle that posted authorization words are not hearsay but rather verbal acts with independent legal significance.

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Facts & Procedural History

A sign posted at the entrance of a McDonald's in Coral Springs stated that all Coral Springs police officers were authorized to advise any person to l…

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Opinion of the Court
GROSS, J.

GROSS, J.

A sign securely affixed to the outside of a McDonald’s, by the front door,- read: “Notice: All Coral Springs police officers are authorized to advise any person- to leave these premises. Failure to leave the premises after being instructed will result *896in an arrest for trespass. Florida Statutes 810.09.” The .trial court properly admitted a photograph of the sign into evidence over appellant’s hearsay objection, because the sign amounted to a verbal act authorizing the arresting officer to order appellant to leave the premises.

Appellant was charged with trespass on property other than a structure or conveyance, in violation of section 810.09(2)(b), Florida Statutes (2014), which provides, in pertinent part:

If the offender defies an order to leave, personally communicated to the offender by the owner of thfe premises or" by an authorized person ... the offender commits a misdemeanor of the first degree.

(emphasis added). The trespass statute defines an “authorized person” as “any law enforcement officer whose department has received written authorization from the ownér, his or her agent, or a community association authorized as an agent for the owner, to communicate an order to leave the property in the case of a threat to public safety or welfare.” § 810.09(3). A common definition of “received” is “to have something bestowed, conferred, etc.” The Random House Dictionary op the English Language Unabridged 1198 (1967).

A contested issue at trial was whether the arresting officer was a person “authorized” within the meaning of section 810.09(2)(b) to order appellant to leave the premises. To prove, this element of the crime, the state offered a photo of the sign described above. Appellant objected on hearsay grounds. The trial judge overruled the objection. On appeal, appellant challenges this ruling.

Hearsay is defined as “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.”- § 90.801(l)(c), Fla. Stat. (2014). “A ‘declarant’ is a person who makes a statement.” § 90.801(l)(b).

The words on the sign amounted to a verbal act and not hearsay, because they had “independent legal significance — the law attaches duties and liabilities to their utterance.” A.J. v. State, 677 So.2d 935, 937 (Fla. 4th DCA 1996). The words went to prove that the owner of the property had conferred authority on all Coral Springs police officers to communicate an order to leave the property. Like language giving consent, the words that conferred authority on the police to act were operative once McDonald’s securely posted them on the building. The words were not offered for the truth of their contents. See State v. Welker, 536 So.2d 1017, 1019-20 (Fla.1988); Welker v. State, 504 So.2d 802, 806 n. 3 (Fla. 1st DCA 1987); Palmer v. State, 448 So.2d 55, 56 (Fla. 5th DCA 1984).

Appellant relies upon J.G. v. State, 114 So.3d 1078 (Fla. 2d DCA 2013), but that case is distinguishable. J.G. was also a trespass case where an officer’s authority was in issue; the officer vaguely testified that he was an agent of the property owner, through “an agreement or affidavit” on file at the substation. Id. at 1079. The second district observed that the state provided no documentation authorizing the officer. to issue trespass -warnings. The words conferring authority were never offered in evidence. Here, the posted signed bestowed the authority required by statute.

Affirmed.

GERBER and KLINGENSMITH, JJ., concur.


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