Trespass

​It is the policy of Lee County to maintain an environment that is open and accessible to the public. However, it may be deemed necessary to deny a person access to Lee County facilities, conveyances, property or equipment for a period of time when his or her actions:

  • are harmful and/or disruptive to others or government operations
  • violate Lee County's policies, rules or regulations
  • or violate the law

Denying a person access to and use of Lee County facilities, conveyances, property and equipment is a matter that Lee County does not take without due consideration. Therefore, the County has established an appeals process for individuals who wish to have access restored.

Procedure

Individuals who have received a Trespass Warning from Lee County facilities, conveyances, property or equipment may contact the Department Director, or designee, who oversees the facility, conveyance, property or equipment from which they have been trespassed. Department Directors' contact information can be found in the Contact Us section of the County website or on the front page of each department's site.

Requesting an Appeal

  1. An individual may discuss the Trespass Warning with the Department Director, or designess, who may rescind the warning at his/her discretion. 
  2. If the Department Director does not rescind the Trespass Warning, the individual has the right to a hearing before a trespass appeal committee in accordance with Administrative Code 1-8.
    • The request for appeal must be submitted in writing, within 10 days of the issuance of the warning to the Department Director.
    • The appeal must include the individual's name, address and phone number, if any.
    • There is no fee to file an appeal.
    • The appeal may be filed by a representative, parent or guardian if the individual is a minor or disabled.
    • In accordance with the Americans with Disabilities Act, Lee County will not discriminate against qualified individuals with disabilities in its services, programs, or activities. To request an auxiliary aid or service for effective communication or a reasonable modification to participate, contact Raphaela Morais-Peroba 239-533-8782, Florida Relay Service 711, or rperoba@leegov.com.  Accommodation will be provided at no cost to the requester. Requests should be make at least five (5) business days in advance.
  3. An individual may also waive their right to a hearing, have their appeal reviewed and a decision rendered. This decision would be mailed to the individual at the address provided.

Hearing

  1. A hearing will be scheduled and a notice will be provided to the address provided by the individual via certified letter within seven (7) days following the filing of the appeal.
  2. If the appeal is successful, the respondent will be notified by mail to the address provided. 
  3. If the appeal is not successful, it will remain in effect for the remaining time of the warning. Warnings are typically issued for the time period of one (1) year.
  4. The Trespass Warning will remain in effect during the appeal and review process.

First Amendment Rights Acknowledged

The Department Director will have the ability to consider and authorize an individual to enter the public property that is subject to the Trespass Warning to exercise his/her First Amendment rights if there is no other reasonable alternative location to exercise those rights or conduct necessary government business.

Administrative Code

For full details regarding Trespass Warnings and the Appeals Process, please review Administrative Code 1-8.
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