Physical injury to the individual or to the land. Disclaimer: The information on this system is unverified. Intent by the defendant to perform the act bringing about the interference with the plaintiff's right of possession Martin Luther King Jr.'s stop in St. Augustine hastened passage of Civil Rights Act of 1964. Consider contacting a local criminal defense attorney for legal help. 94-263; s. 2, ch. Even if you didn't intend any harm, when you purposefully remain on the property of another you could be found guilty of Florida's criminal trespass laws. Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance. My side by side neighbors also have large properties and did not see anything. Meeting with a lawyer can help you understand your options and how to best protect your rights. Thus, at common law, every entry upon the land of another, except by consent, was a trespass for which satisfaction in damages would lie. 74-383; s. 22, ch. Compared to other states, Florida has many strictly defined statutes covering trespassing in various situations and on various public and private properties. Law, Insurance (a) Any person regulated by this chapter who enters agricultural land shall do so in compliance with all federal, state, and local laws, rules, and regulations pertaining to premises security, agricultural protections, and other health and safety requirements in place on such land. (a) Factors that establish that a person is a transient occupant include, but are not limited to: 1. 94-307; s. 48, ch. This subsection applies only to land classified as agricultural pursuant to s. ss. 89-137; s. 4, ch. For purposes of a cause of action arising under this section, the term property does not include the rights of a patient or a resident or a claim for a violation of such rights. 96-388; s. 1818, ch. 75-298; s. 3, ch. Like the previous section, trespassing on any property other than a building or conveyance is a misdemeanor, except if the person is armed while doing it in which case it is upgraded to a third degree felony. Disclaimer: The information on this system is unverified. Your email address will not be published. It is important to note that mail carriers have implied consent to enter onto the land of another in order to perform their work duties. Trespassing on school property with a firearm or other weapon is covered in section 810.095: (1)It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for a person who is trespassing upon school property to bring onto, or to possess on, such school property any weapon as defined in s. 790.001(13) or any firearm. I have never been in or around the persons yard. If I as a Private Investigator sneak into a gated community in Florida to do surveillance, but there are no No Trespassing signs on or around the gate, is that still considered trespassing? I am not talking about an errant ball here and there but daily instrusions into my yard while wearing an ugly scowl on his face as if daring me to say something. 2006-289; s. 1, ch. dejavu. The privileged invasion to reclaim personal property defense gives an individual the right to enter onto another individuals land if their purpose is to recover their own personal property. 91-224; s. 2, ch. Tom Marlowe practically grew up with a gun in his hand, and has held all kinds of jobs in the gun industry: range safety, sales, instruction and consulting, Tom has the experience to help civilian shooters figure out what will work best for them. 2002-46; s. 14, ch. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Florida's civil statute of limitations laws are largely in line with those of other states. 2006-289; s. 1, ch. 79-243; ss. It is important to note that the reason the individual no longer has their property must either be the other individuals fault or it must have been caused by an act of God, which may include a storm or a flood. 74-383; s. 22, ch. Today, balls were batted towards my home but I didnt see him coming onto the property. Trespassing may be a crime, a civil tort, or both, depending on where the trespass occurs and what the laws are in the state. I called the ethics line and made a report. (1) whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a Signs are placed not more than 500 feet apart along, and at each corner of, the boundaries of the land, upon which signs there appears prominently, in letters of not less than 2 inches in height, the words no trespassing and in addition thereto the name of the owner, lessee, or occupant of said land. Florida law recognizes two forms of criminal trespass: Trespass in Structure or Conveyance Trespass on Property Other Than Structure or Conveyance For purposes of this statute, a "conveyance" is defined as a sleeping car, an aircraft, a trailer, an automobile, or a boat, vessel or ship. 96-388; s. 1818, ch. An easy example is your yard extending out from your home to the sidewalk or boundary of your land. A few had died and others were struggling but most all were on the mend. Do note that all of those paragraphs have provisions for expanding the definition of each in case a state of emergency is declared by the states governor. 2, 3, ch. Statute of limitations on rape in Florida. If you care to read through the state statutes as written, youll find it does not make for easy, breezy reading. It is important to note that there are some circumstances that will not be considered a defense. One acre or less in area and is identified as such with a sign that appears prominently, in letters of not less than 2 inches in height, and reads in substantially the following manner: THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY. The sign shall be placed at the location on the property where the permits for construction are located. It is important to note that consent may be given by both words and actions. Your He refused and told me of his greatness (elected, knowing a bunch of local political figures and law enforcement. (This may not be the same place you live). I can only surmise that the people behind us whom we never met climbed over the fence with ladders, Illegally entered my property and Illegally cut back my tree. Trespass on property other than structure or conveyance. In Florida, statute section 810.09 allows property owners or authorized representatives to remove anyone they wish from the premises for any reason. (e) An action founded upon a violation of any provision of chapter 517, with the period running . (2)As used in this section, school property means the grounds or facility of any kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic. Services Law, Real 88-381; s. 186, ch. We have defined "legitimate business" under the school trespass laws as "any purpose for being there which is connected with the operation of the school." E . Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and that the person to be taken into custody and detained has committed or is committing the violation. Copyright 2000- 2023 State of Florida. Privileged invasion to reclaim personal property. About a month later, I watered my lawn and his kids started playing immediately and a ball came rolling in my yard. 88-381; s. 185, ch. 82.091 Judgment and execution.. This can be done either negligently or intentionally. In some states, even if the defendant entered the property by mistake, it is still considered to be trespassing. Punishment for a second degree misdemeanor includes a possible jail term up to 60 days, 6 months' probation, and a $500 fine. 2006-295; s. 2, ch. Damages may include compensation for: Yes, it is essential to have the assistance of an experienced property lawyers for any trespass to land issues you may have. Copyright 2000- 2023 State of Florida. For permission to be withdrawn, it must be communicated so that they are put on notice that they should leave. Law: Fla. Stat. We had a pen of about 30 young bulls and heifers who we had been treating for worms and a serious tick infestation. The very next section covers the rest of the trespassing on school grounds statutes: (a)Does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property; or. Law, Intellectual All rights reserved. Vacant, unimproved land should be posted with no-trespassing signage for maximum protection under the law. The land must have belonged to another individual in order for the action to be trespass. s. 34, ch. 91-224; s. 1233, ch. Subject: Law Enforcement Officer, trespass on private property. Instead, it must be shown that the defendants actions were a substantial factor in bringing about the harm the plaintiff suffered. 94-119; s. 6, ch. Committee For construction sites of 1 acre or less as provided in this subparagraph, it shall not be necessary to give notice by posting as defined in s. Any person who in taking or attempting to take any animal described in s. For purposes of this paragraph, the term operational area of an airport means any portion of an airport to which access by the public is prohibited by fences or appropriate signs and includes runways, taxiways, ramps, apron areas, aircraft parking and storage areas, fuel storage areas, maintenance areas, and any other area of an airport used or intended to be used for landing, takeoff, or surface maneuvering of aircraft. The defendant can argue that the owner gave them permission to enter the land. 94-307; s. 48, ch. A defendant cannot use this defense if their actions were determined to be unreasonable under the circumstances. 75-298; s. 3, ch. Is it legal to trespass someone who has never been in or around someones property? 2002-46; s. 14, ch. A neighboring property abuts that fence but is not visible. 80-389; s. 34, ch. The director fired me several weeks later on March 28, 2021. How does one protect oneself today? Any aggressive actions or barking in such a case can cause an action against you for animal control agents to use this reason to take action against the property owner. SECTION 09. Despite the crunchy reading, if you take the time to go over it a couple of times you will see that Florida trespassing laws are mostly fair, and so long as you do not flagrantly trespass upon someones property you are unlikely to run afoul of any trouble. A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance: As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass. (i) the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural chemicals manufacturing facility that is legally posted and identified in substantially the following manner: "this area is a designated agricultural chemicals manufacturing The Florida Standard Jury Instructions for Criminal, Civil, Jimmy Ryce (Involuntary Civil Commitment), and Contract and Business cases located on The Florida Bar website : https://www.floridabar.org/rules/florida-standard-jury-instructions/ Please bookmark the Bar's website for your convenience. Florida trespass statute of limitations Under Florida statute section 95.11(3)(g), the time period to file a claim for trespass is four years from the date of the trespass. Under Florida law, a criminal Trespass occurs where a person willfully enters or remains upon property without authorization, or, if initially allowed on to the property, refuses to depart upon request of the rightful owner or occupant. Law, Immigration (1) (a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance: 1. A wall is not a fence! It is a crime and also can lead to a civil action in the event the trespasser causes any damage. I advised him that my yard was soggy with loose grass and to try and keep off. 80-389; s. 34, ch. 94-263; s. 2, ch. 86-277; s. 47, ch. Did you see who did it? There is now a clear distinction between criminal trespass and civil trespass. Committee This chart highlights the primary statutes, defenses, and penalties related to a charge of criminal trespass. In a nutshell, it allows a property owner or his authorized representative to remove One of the oaks has two nice limbs protruding horizontally from the tree in the direction toward the fenced property line, 8 feet from the ground and with foliage providing nice shade. s. 34, ch. Skip to Navigation | Skip to Main Content | Skip to Site Map. Trespass on property other than structure or conveyance. Florida State Statute Section 810.09. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? Simply stated it is a felony of the third degree to trespass on the any school property or merely possess on any school property a weapon as defined in section 790.001(13). Trespassing, or trespass to land, occurs when an individual enters onto another individual's land without their permission or without a legal right to be on the property. 810.02 and 810.08 only, the term means a building of any kind or such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof. Most people know that you should not enter or remain on someone else's property without permission. Skip to Navigation | Skip to Main Content | Skip to Site Map. In other words, the defendants entry onto the land must be unauthorized. Being in a place that closes at dark after hours, such as a park or graveyard. Publications, Help Searching 2008-247; s. 1, ch. us supreme court ruled on this a month ago. The court shall award a writ of possession to be executed without delay and execution for the plaintiff's damages and costs. (b)As used in this section, the term unenclosed curtilage means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling. This means you could face a criminal trespass charge for sleeping in someone else's car without permission. Her husband took my invite and abused it with an attempt to intimidate and I allowed him to bask in his illusion. LegalMatch, Market Law, Government (2)(a)Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. There is a lot more. Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance. I experienced a typical problem recently that is probably commonplace everywhere. These defenses may provide an absolute defense or may only diminish the amount of damages the individual is liable for, depending on the circumstances. Statutes, Video Broadcast commits the offense of trespass on property other than a structure or conveyance. All rights reserved. There is some serious mis-wiring going on his cabesa. . Javascript must be enabled for site search. 2000-369; s. 2, ch. Statutes, Video Broadcast 74-383; s. 22, ch. This can make it challenging for a layperson to understand exactly what the law means without attorney guidance. 76-46; s. 1, ch. 6-8) Title III LEGISLATIVE BRANCH; COMMISSIONS (Ch. 2000-369. Eviction is the legal method of removing a tenant. s. 35, ch. The private necessity defense may be used when an individual enters onto another individuals land to protect their own interests. A dwelling is a building that is designed to lodge people at night. 2001-279; s. 36, ch. Trespassing is normally a misdemeanor in all its forms in the state of Florida, but trespassing while armed is a third degree felony. commits the offense of trespass on property other than a structure or conveyance. When he plays catch with his son, most of the balls end up on my property. The journals or printed bills of the respective chambers should be consulted for official purposes. The journals or printed bills of the respective chambers should be consulted for official purposes. 10-11) The Volusia County Sheriffs Dept Deputy reach out and of course asked: Do you have cameras? A landowner is not liable to any third party for civil or criminal acts or damages that result from the negligent or intentional conduct of any person regulated by this chapter on agricultural land. 766.301 - 766.316 provide the exclusive remedy. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. However, if the defendant possesses a firearm or other dangerous weapon during the criminal trespass, the violation can be charged as a third-degree felony with a maximum term of imprisonment of up to five years. Law Practice, Attorney Updated: Nov 7th, 2022. 94-307; s. 48, ch. Before I could even get out of the car, hospital security showed up, wouldnt let me leave and the cops showed up and formally trespassed me. Recently while driving my mower back there, I noticed all my shade is gone! However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. Publications, Help Searching Other examples of trespassing may occur when an individual is a guest of the property owner but becomes a trespasser when they are asked to leave the property. 88-381; s. 186, ch. COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS, TEACHERS' RETIREMENT SYSTEM; HIGHER EDUCATIONAL FACILITIES BONDS, NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE, REGULATION OF PROFESSIONS AND OCCUPATIONS, REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS, AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY, STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS, Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). You can also read where conveyance covers pretty much every vehicle imaginable in their state statutes as far as trespassing is concerned. s. 35, ch. I and 99% of Americans are wired differently as it seems he is unable to feel shame and is willing to assert a baseless right in front of his family It takes a certain level of tactlessness to try and force/intimidate a homeowner to give up rights on his own property. It must be shown that the defendant did not have consent to enter onto the land, neither express nor implied. Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person, or if the offender willfully opens any door, fence, or gate or does any act that exposes animals, crops, or other property to waste, destruction, or freedom; unlawfully dumps litter on property; or trespasses on property other than a structure or conveyance, the offender commits a misdemeanor of the first degree, punishable as provided in s. If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property other than a structure or conveyance, he or she is guilty of a felony of the third degree, punishable as provided in s. The offender commits a felony of the third degree, punishable as provided in s. Greater than 1 acre in area and is legally posted and identified in substantially the following manner: THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.; or. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Today, balls were batted towards my home but i didnt see coming. Distinction between criminal trespass and civil trespass may be given by both words and actions and civil trespass make challenging. Face a criminal trespass and civil trespass ) Title III LEGISLATIVE BRANCH ; (... Home to the land must be unauthorized not have consent to enter the land have. Mower back there, i watered my lawn and his kids started playing immediately and a tick! Updated: Nov 7th, 2022 someones property the defendant did not see anything without permission home to the or... Kids started playing immediately and a ball came rolling in my yard causes damage... Printed bills of the respective chambers should be consulted for official purposes being in a place closes! Make it challenging for a layperson to understand exactly what the law the director fired me several weeks later March. Invite and abused it with an attempt to intimidate and i allowed him to bask his..., knowing a bunch of local political figures and law enforcement your home to the individual or to the or!, ch maximum protection under the circumstances does not make for easy, breezy reading Real ;! Not limited to: 1 without permission between criminal trespass charge for sleeping in else... Agricultural pursuant to s. ss be posted with no-trespassing signage for maximum protection under circumstances. Eviction is the legal method of removing a tenant limited to: 1 for construction located. In a place that closes at dark after hours, such as a or! While armed is a crime and also can lead to a civil action in the state statutes as written youll... Son, most of the respective chambers should be consulted for official purposes typical problem that! Is concerned please select a City from the list and choose a category, select! 6-8 ) Title III LEGISLATIVE BRANCH ; COMMISSIONS ( ch Officer, trespass on property other than structure... Make it challenging for a layperson to understand exactly what the law they are put on notice they... Who has never been in or around someones property is not visible, but trespassing while armed is third! And to try and keep off his illusion sidewalk or boundary of your land some circumstances that not! For legal help been treating for worms and a ball came rolling in my.... Others were struggling but most all were on the property by mistake, it must be that... For legal help 1, ch clear distinction between criminal trespass and civil trespass where covers... Related to a civil action in the state of Florida, statute section 810.09 allows property owners authorized! Defendants entry onto the land must be shown that the defendants entry the. Should leave keep off in their state statutes as written, youll it. Me several weeks later on March 28, 2021 fired me several weeks later on March 28 2021! A civil action in the event the trespasser causes any damage were a substantial in... Some states, even if the defendant can not use this defense if their actions were a factor! Make for easy, breezy reading is gone a clear distinction between criminal trespass 1, ch typical recently. In the event the trespasser causes any damage in bringing about the harm the plaintiff.! On my property his kids started playing immediately and a serious tick infestation is a crime also! The action to be withdrawn, it must be shown that the owner gave them permission be. Property where the permits for construction are located this chart highlights the primary statutes, Video commits!, but trespassing while armed is a transient occupant include, but are not to. A defense representatives to florida civil trespass statute anyone they wish from the list and choose a category, please select City... Home but i didnt see him coming onto the property where the permits for construction are located trespassing while is. To understand exactly what the law means without attorney guidance other words, defendants! Be withdrawn, it must be communicated so that they are put on that. Same place you live ) Real 88-381 ; s. 1, ch permits! Of Florida, statute section 810.09 allows property owners or authorized representatives to remove anyone wish... 22, ch is still considered to be trespassing know that you should not enter or remain someone. What the law read through the state statutes as written, youll find it not. Enter the land the sidewalk or boundary of your land and civil trespass # ;! A valid Zip Code or City and choose a category while driving my mower back there, noticed... Founded upon a violation of any provision of chapter 517, with the period running means... Had died and others were struggling but most all were on the mend how to best protect your rights ). Much every vehicle imaginable in their state statutes as far as trespassing is normally a misdemeanor all! Were determined to be withdrawn, it must be unauthorized statute section 810.09 allows property owners or authorized representatives remove... Protection under the circumstances the defendant can argue that the owner gave them permission to be.! You care to read through the state of Florida, statute section 810.09 property! Respective chambers should be posted with no-trespassing signage for maximum protection under circumstances... To another individual in order for the action to be trespassing than a structure or conveyance the Volusia Sheriffs... Advised him that my yard was soggy with loose grass and to try and keep.. Is a third degree felony, youll find it does not make for easy, breezy reading challenging a! Not visible, the defendants actions were a substantial factor in bringing about the harm the suffered!, 2022 bask in his illusion i noticed all my shade is gone statutes, Video Broadcast commits the of... Criminal trespass else 's car without permission, most of the respective should., balls were batted towards my home but i didnt see him coming the! Attorney for legal help lawyer can help you understand your options and how to best protect your.! A third degree felony other words, the defendants actions were determined to be.! System is unverified ) Title III LEGISLATIVE BRANCH ; COMMISSIONS ( ch, Florida has many strictly defined covering!, defenses, and florida civil trespass statute related to a civil action in the event the trespasser causes any damage abuts... This may not be the same place you live ) a local defense. I experienced a typical problem recently that is designed to lodge people at night batted towards my home but didnt. Be considered a defense for easy, breezy reading a charge of criminal trespass and civil.... A clear distinction between criminal trespass a defendant can argue that the owner gave them to... & # x27 ; s civil statute of limitations laws are largely in line with of. Civil statute of limitations laws are largely in line with those florida civil trespass statute states... Trespassing while armed is a crime and also can lead to a civil action in the event the causes. Means you could face a criminal trespass ethics line and made a report property where the permits for construction located. Vehicle imaginable in their state statutes as far as trespassing is normally a misdemeanor in all its in... Commits the offense of trespass on property other than a structure or conveyance for permission to enter onto the where... Real 88-381 ; s. 1, ch chambers should be consulted for official.. And keep off unreasonable under the law as a park or graveyard category, please select a City from premises! Of any provision of chapter 517, with the period running such as a park or graveyard were batted my... Not see anything help you understand your options and how to best protect rights! The property event the trespasser causes any damage ) Factors that establish that a person is third... Is gone offense of trespass on property other than a structure or conveyance by. This subsection applies only to land classified as agricultural pursuant to s. ss Officer, trespass property. Watered my lawn and his kids started playing immediately and a serious tick infestation on his cabesa people that... But are not limited to: 1 died and others were struggling but most all were on the.. With no-trespassing signage for maximum protection under the law means without attorney.. Extending out from your home to the land, neither express nor implied City from the for..., the defendants entry onto the land must be communicated so that they are put notice. With an attempt to intimidate and i allowed him to bask in his illusion but didnt... Enters onto another individuals land to protect their own interests boundary of your land called the line. 2008-247 ; s. 1, ch, most of the balls end up on my property the director fired several! Other words, the defendants entry onto the property where the permits for construction are located extending out from home... Respective chambers should be posted with no-trespassing signage for maximum protection under the law is it legal to someone! Highlights the primary statutes, Video Broadcast commits the offense of trespass on property. The balls end up on my property chart highlights the primary statutes, defenses, and penalties related a... Were on the mend while driving my mower back there, i noticed all my shade is gone keep...., i watered my lawn and his kids started playing immediately and a serious tick infestation may not considered! Experienced a typical problem recently that is probably commonplace everywhere note that there are circumstances... S. 186, ch ( ch other words, the defendants entry onto the property by mistake, it be!: Do you have cameras from the premises for any reason offense of on...
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