Florida Senate - 2017                                    SB 1420
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-01050-17                                            20171420__
    1                        A bill to be entitled                      
    2         An act relating to trespasses upon school buses;
    3         creating s. 810.098, F.S.; defining the term “school
    4         bus”; providing that a person who boards or enters any
    5         part of or who remains upon a school bus commits a
    6         trespass upon a school bus under specified
    7         circumstances; providing criminal penalties; providing
    8         that a person commits a trespass upon a public school
    9         bus for additional specified actions; providing
   10         criminal penalties; authorizing a law enforcement
   11         officer to arrest a person, either on or off the
   12         school bus and without warrant, if the officer has
   13         probable cause for believing the person has committed
   14         the offense of trespass upon a school bus; exempting a
   15         law enforcement officer who arrests such person from
   16         being held criminally or civilly liable for false
   17         arrest, false imprisonment, or unlawful detention;
   18         providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 810.098, Florida Statutes, is created to
   23  read:
   24         810.098 Trespass upon a school bus; penalties; arrest.—
   25         (1) As used in this section, the term “school bus” has the
   26  same meaning as in s. 1006.25(1).
   27         (2) A person who boards or enters any part of or who
   28  remains upon a school bus commits a trespass upon a school bus
   29  and is guilty of a misdemeanor of the second degree, punishable
   30  as provided in s. 775.082 or s. 775.083, if such person:
   31         (a) Does not have authorization, license, or an invitation
   32  to board, enter any part of, or remain upon the school bus; or
   33         (b) Is a student currently under suspension or expulsion.
   34         (3) A person commits a trespass upon a public school bus
   35  and is guilty of a misdemeanor of the first degree, punishable
   36  as provided in s. 775.082 or s. 775.083, if such person:
   37         (a) Boards or enters any part of or remains upon a school
   38  bus after the school bus operator under contract with the school
   39  district or another duly authorized school district official has
   40  directed such person not to board or enter the school bus or to
   41  disembark from the school bus;
   42         (b) Intentionally and without lawful purpose stops,
   43  impedes, delays, or detains the school bus in the course of its
   44  official operation or with the intent of committing a crime; or
   45         (c) Intentionally demolishes, destroys, defaces, burns, or
   46  damages the school bus.
   47         (4) A law enforcement officer may arrest, either on or off
   48  the school bus and without warrant, a person who the officer has
   49  probable cause to believe has committed the offense of trespass
   50  upon a school bus. A law enforcement officer who makes such an
   51  arrest may not be held criminally or civilly liable for false
   52  arrest, false imprisonment, or unlawful detention.
   53         Section 2. This act shall take effect October 1, 2017.