The Miami-Dade County Sheriff's Office posted a video on social media on Thursday to remind everyone that taking fruit from trees on private property without permission is illegal, and doing so can result in fines starting at $200 or even criminal charges for theft.
The notice arrives in the height of mango season in South Florida, when the temptation to grab the fruit hanging over a fence or peeking above a sidewalk is stronger than ever.
The rule is clear: If the tree is not yours, neither is the fruit
The Section 21-118 of the Miami-Dade County Code prohibits taking, removing, or damaging plants, fruits, or nursery products from any private or public property without the owner's consent.
If the tree is planted on private property, the fruit belongs to the owner, even if the branches extend beyond the fence or the fruit is just inches away from the public sidewalk.
The regulation also applies to trees in unenclosed areas, such as front gardens and public rights-of-way.
“If the tree is planted on private property, the fruit belongs to the owner. If you have any doubts, always ask for permission before picking it.”, warned the Sheriff’s Office in its post.
How much can it cost you?
Violations may result in a $200 civil citation.
The most serious cases can lead to criminal charges for theft, with penalties of up to $500 in fines or 60 days in jail according to the county's general code.
Entering someone else's property to collect mangoes can also constitute trespassing, an offense that is punishable in Florida with up to 60 days in jail.
What the law says about branches that invade your yard
The lawyer David Barman, a professor of business law at Florida International University, clarifies that there is an important distinction under common law: "If the fruit falls into your yard or onto the sidewalk, it is definitely yours. If it is on your neighbor's tree branch but hangs over your fence, it is still your neighbor's fruit. If you take it before it falls, it is theft."
The most relevant legal precedent in Florida is the case Gallo v. Heller (1987), which established that property owners are not responsible for the natural growth of their trees into neighboring properties, but that the neighbor may trim branches that encroach on their space at their own expense.
A season marked by repeated incidents
The Sheriff’s warning is not coincidental.
So far in July, two different mango thieves were caught on camera jumping over a fence of a property in Miami on the 7th and 13th of this month, using fruit pickers to take the mangoes from the owner's tree, identified only as "Wilfredo."
In April 2023, two men stopped their vehicle on a highway in Miami-Dade and climbed onto the roof of the car to reach mangos from a tree on private property.
The most serious incident occurred in April 2021, when a man stabbed two teenagers, aged 14 and 15, who had entered his property in Hialeah to steal mangos. One of the youths suffered a thigh wound that damaged an artery and required emergency surgery.
The simplest advice: ask first
In 2026, a winter freeze delayed the peak of the season to late July and August, keeping the trees laden with fruit and the temptation very much alive.
Many homeowners in Miami-Dade indicate that they prefer people to simply knock on the door: nine out of ten times they would be willing to share the fruit for free.
The bartender summarizes it with a lesson he repeats every semester in his classes: “I tell my students that if we followed the rules of kindergarten, we wouldn’t need most laws. Be kind, and if your tree has a lot of fruit, be a good neighbor and share it. And if you want fruit, don’t assume you can take it: ask first.”
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