Meaning of a No Soliciting Sign
The purpose of a no soliciting sign is to provide prior express notice to any solicitants that they are not welcome to come onto the property for the purposes described in the sign. While these signs are often thought of as being exclusively for the purpose of preventing door-to-door salespeople from advertising their goods and services, they may also be used in an effort to prohibit unwanted interactions with non-commercial entities such as protestors, charitable organizations, and certain religious groups . Whether the activity of a specific group or individual is prohibited by a no soliciting sign is most often determined by the language on the sign itself. For example, some no soliciting signs purport to prohibit wholly unwanted groups from distributing flyers or promotional materials while permitting all other activity. Soliciting for religious or political purposes is often tolerated by property owners who do not wish to forbid all potentially annoying interactions with their guests or neighbors. Sometimes, purely religious conduct may fall within the scope of no soliciting signs due to the religious nature of the specific incident at issue.
Florida No Soliciting Sign laws
Both Florida state law and local ordinances have a variety of rules that govern the use of no soliciting signs.
State Law
Florida Statute Section 810.09(1)(b) specifically addresses trespassing after the notice has been verbally communicated or by posting a sign at an entry point of the property that specifies entry is prohibited without express or implied consent. It further states that "entry is forbidden only to those persons who have no right of entry."
Local Ordinances
Even if there is no statute that bans soliciting in your neighborhood, it’s always a good idea to check your city code to see if your however no solicitors signs are covered under any additional rules. For the most part, city codes govern noise and communication control, commercial activities, as well as zoning and building codes. Because soliciting activities fall under commercial activities, they are subject to restrictions set forth by the city.
For example, the City of Jacksonville has an ordinance that prohibits "the only practice of soliciting without a permit." Potently prohibited includes soliciting in or within 50 feet of a facility bound by a no soliciting sign. "Soliciting" refers to the sale of merchandise, contractors, employment, or for other social, charitable, or religious benefits.
The City of Gainesville has an ordinance that states "it shall be unlawful for any person to go in or upon any real property for the purpose of picketing in any manner in a residential area against, or in support of any person or any cause or for any other purpose except a) by order of a court of competent jurisdiction, b) with permission of the owner or occupant thereof." Gainesville also has a no soliciting ordinance that when a "residential area has been designated by owner, tenant or occupant with a ‘no soliciting or the like’ invite or message restricting solicitation…notice of the. restriction against solicitation shall be considered as having been made, and it shall then be unlawful for any person to enter upon such premises or to remain upon that land for instructional purposes."
In Miami-Dade County while the sign may be posted upon the owner’s property at the owner’s expense, there are no state or county ordinances or codes that ban or otherwise regulate solicitation or distribution of circulars or advertising material.
Keeping these laws in mind can help you understand what your rights are as a homeowner and what you can do about a person or organization harassing you after an express or implied invitation has been withdrawn.
No Soliciting Signs Law is Enforceable in Florida
In Florida, post no soliciting signs are enforced and enforceable in the civil context according to common law. This means even though properties are private, it is well established that property owners do have the right to control access on their property. However, enforcement is only possible when visitors have actual notice of the rules pertaining to soliciting. The most common way of providing those rules are with tasteful, non-ambiguous signs readable from a reasonable distance.
Once a visitor receives adequate notice, offending behavior is actionable. For instance, if a business owner posts a no soliciting sign on his front door and a door to door sales person is still trying to sell then the business owner can order the sales person to leave and if he or she does not leave they could be held liable for trespassing. Keep in mind property owners are expected to provide prospective visitors notice of the prohibitions prior to any offending conduct.
Warning visitors in the form of an appropriately drafted warning letter is often required by law prior to barring visitors from entry. This requirement is usually addressed in a businesses’ rental contract, or stated policy. For example, the warning letter may be required in a club setting in order to explicitly advise that trespassing and squatting is strictly prohibited.
No Soliciting Exceptions
No Soliciting signs are a common practice to prohibit individuals or certain types of individuals from selling products, services, soliciting donations, or even hanging up flyers on someone’s property. Though consumers may feel that a No Soliciting sign is like the "Do Not Enter" sign out on the street, there are some ambiguities in the laws that give rise to exceptions to the rule, and more often than not, these exceptions are in favor of the solicitors.
Solicitors for Charitable Organizations Florida Statute Chapter 496, the Florida Solicitation of Charitable Contributions Act makes it unlawful for any person to solicit or distribute to persons located in Florida any solicitation for a charitable organization unless that organization is registered with the Division of Consumer Services (the "Division") within the Department of Agriculture and Consumer Services (the "Department"). The Act defines a "solicitation" to mean "the attempting to sell or offering to sell goods or services through the use of a request for money or other consideration or the distribution or making available of an oral or written statement or advertisement requesting a contribution."
However, Section 496.410(10) specifically provides that [s]olicitation shall not consist of the mere dissemination, distribution, or sale of printed material." For example, hanging up door hangers is specifically permitted by the statute and the solicitation of money through the door hangers is only incidental for the actual distribution of materials.
There are certain exceptions outlined in Florida Statutes, Section 496.405 for organizations that are not required to register with the Division for purposes of soliciting contributions in the state. Some are organized for political purposes; governmental is performing services for the state and any political subdivisions; organizations exempt under section 501(c)(4), (5), or (6) of the Internal Revenue Code; or organized for the benefit of persons receiving first aid or who are disaster victims.
Solicitors for Religious Organizations As it relates to solicitors for religious organizations , according to Florida Statutes, Section 496.404(2), the law exempts any religious organization that has been granted an exemption pursuant to Section 501(c)(3) of the Internal Revenue Code.
Solicitors for Vendors/Contractors Florida Statutes, Section 812.941(1), commonly referred to as the "No Solicitation Law," prohibits solicitors from going upon private property where the person posting "No Solicitation" signs which signs are prominently displayed and the solicitor has no purpose other than soliciting. However, the No Solicitation Law specifically provides that there is no prohibition against soliciting business for merchandise or services which the person intends to provide or perform upon the private premises in the future. See, also, Florida Statutes, Section 812.941. The Florida Second District Court of Appeal has specifically held that a contractor actively soliciting on a property by knocking on the door constituted for a "purpose other than soliciting," for purposes of the statute. Smith v. Orange Blossom Bldrs., LLC, 806 So. 2d 561 (Fla. 2d DCA 2002). This provided the contractor with liability for prospective trespass.
There are also laws that prohibit vendors from going onto private property to offer to sell goods or services. See, e.g., Landy v. City of Tallahassee, 927 F.2d 314 (11th Cir. 1991) (holding that attempted enforcement of an ordinance prohibiting sidewalk vendors was invalid on the basis that vendors are protected in the same manner as individuals attempting to communicate political ideas in traditional public forums).
Solicitors for Commercial Door-To-Door Sales Notwithstanding the aforementioned, the Florida Supreme Court has determined that commercial door-to-door salesmen are not protected by the state constitution’s privacy and association provisions, and that such individuals are prohibited from going onto private property where the owner has prohibited them from doing so by way of placing a "No Soliciting" sign or similarly restrictive policy. Hoffman v. City of Palmdale, 1 Cal. 4th 748, 822 P.2d 597, 4 Cal. Rptr. 2d 187 (1991).
How to Properly Post a No Soliciting Sign in Florida
The placement of no soliciting signs on your property is important for a few reasons. First, you want to make sure that they are clear and visible so that people know not to bother you. Second, you want to place them in an area that will provide you with some legal rights if someone decides to ignore them. In Florida, the law provides you with some rights if a telemarketer or other solicitor approaches you when you have a no soliciting sign on your property.
Residential vs. Commercial
Florida does not have any laws that specifically discuss the placement of no soliciting signs for residential versus commercial properties. However, it’s advisable to take into account the nature of the property on which you are placing them. For example, if you’re showing off an expensive home to prospective buyers and you have no soliciting signs posted in plain view, the constant buzz of solicitor traffic potential buyers would face may discourage them. On the other hand, if you own a large commercial strip mall and only have one small sign posted saying that no solicitors are allowed, you may face the problem of prospective customers ignoring that sign and entering the mall for their appointments or business.
Location
The best spots to install no soliciting signs are often at the front entrances of a home or commercial property. For example, if you have a gate or fence surrounding your home, it’s a good idea to place no soliciting signs on either side of the gate where potential solicitors will be able to see them. The same goes for the front doors or gates of a commercial property.
Size
The size of no soliciting signs is again based upon the type of property you are addressing. For example, if your property has a large driveway and driveway gate, you may want to consider installing larger signs that draw attention to the fact that the property is off-limits to solicitors. Conversely, a small sign may work perfectly for a small residential unit or mailbox.
Wording
When it comes to the wording of no soliciting signs, it’s generally recommended that you keep it short and informative. There is no need to be rude or threatening—the presence of a no soliciting sign in Florida still qualifies under the law as "restricted areas" and you can assert your rights there should someone test the no soliciting sign. A short phrase like, "No solicitation or trespassing. Violators may be prosecuted," is typically effective in discouraging solicitors.
Fine for Violating a No Soliciting Sign
Violating a no soliciting sign can have material consequences in Florida. For one, individuals or organizations that violate a no soliciting regulation can be subject to trespass. Florida criminal trespass charges are outlined in the Florida Statute section 810.09. As a result of Florida Statute section 810.09(1) and (2)(a), the act of remaining on premises (including but not limited to, private communities, residential buildings, and commercial buildings) without permission of the owner after notification to depart is a first-degree misdemeanor. The owner of the premises essentially has the right to demand an individual to leave their private property in accordance with Florida Statute Section 810 . 09 and any refusal to leave the premises after such notice is a violation of the statute.
According to Florida Statute Section 810.09(3), trespassing is a third-degree felony if:
1. The person who trespasses is armed with a firearm or electric weapon or device.
2. The person who trespasses enters or remains in a dwelling, or a structure where people are normally expected, without permission of the owner.
Under Florida law, a third-degree felony is punishable by up to five (5) years in Florida State Prison and a fine of up to $5,000.
Under Florida Statute Section 4B.11, property owners are entitled to recover reasonable attorneys’ fees and costs. Under Florida Statute Section 501.142(8), property owners may also be entitled to additional damages or other equitable relief.