This is the one situation where Florida’s bite statute genuinely may not help, and it is worth being straight about that.
Section 767.04 covers a person bitten “on or in a public place, or lawfully on or in a private place.” A trespasser on private property is outside that second branch.
But “lawfully” is defined in the statute, and it is wider than owners expect:
“…in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner.”
So before accepting that someone was trespassing, check both branches:
A duty imposed by law. Postal carriers, meter readers, and others performing a legal duty are lawfully present by operation of the statute — not by the owner’s permission.
Implied invitation. This is the one that decides most arguments. A walkway to an unlocked gate, a marked business entrance, a delivery route the owner has accepted for years — all carry implied invitation. Someone who walked up a front path to knock on a door is not obviously a trespasser.
Two things worth knowing even if the statute does not apply:
Section 767.04’s remedy “is in addition to and cumulative with any other remedy provided by statute or common law.” Losing the strict liability route does not automatically end everything — premises and negligence theories exist, and they have their own rules about what an owner owes to whom.
And the statute is bite-only. § 767.01 covers “any damage done by the owner’s dog” without the same lawful-presence wording.
If someone has told you that you were trespassing and therefore have no claim, that conclusion is worth checking against the actual definition.