CODING: Words stricken are deletions; words underlined are additions.
Senate Bill 0590
    Florida Senate - 1998                                   SB 590

    By Senator Silver





    38-523-98

  1                      A bill to be entitled

  2         An act relating to property crimes; amending s.

  3         810.011, F.S.; defining the term "curtilage";

  4         amending s. 810.09, F.S.; removing references

  5         to unenclosed curtilage from the offense of

  6         trespass on property other than a structure or

  7         conveyance; amending s. 812.014, F.S.; removing

  8         reference to unenclosed curtilage from the

  9         offense of theft from a dwelling; providing an

10         effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Subsection (12) is added to section

15  810.011, Florida Statutes, to read:

16         810.011  Definitions.--As used in this chapter:

17         (12)  "Curtilage" means the ground and buildings

18  immediately surrounding a structure or dwelling. It is not

19  necessary for the curtilage to be enclosed.

20         Section 2.  Subsection (1) of section 810.09, Florida

21  Statutes, is amended to read:

22         810.09  Trespass on property other than structure or

23  conveyance.--

24         (1)(a)  A person who, without being authorized,

25  licensed, or invited, willfully enters upon or remains in any

26  property other than a structure or conveyance:

27         1.  as to which notice against entering or remaining is

28  given, either by actual communication to the offender or by

29  posting, fencing, or cultivation as described in s. 810.011;

30  or

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 590
    38-523-98




  1         2.  If the property is the unenclosed curtilage of a

  2  dwelling and the offender enters or remains with the intent to

  3  commit an offense thereon, other than the offense of trespass,

  4

  5  commits the offense of trespass on property other than a

  6  structure or conveyance.

  7         (b)  As used in this section, the term "unenclosed

  8  curtilage" means the unenclosed land or grounds, and any

  9  outbuildings, that are directly and intimately adjacent to and

10  connected with the dwelling and necessary, convenient, and

11  habitually used in connection with that dwelling.

12         Section 3.  Paragraph (d) of subsection (2) of section

13  812.014, Florida Statutes, is amended to read:

14         812.014  Theft.--

15         (2)

16         (d)  It is grand theft of the third degree and a felony

17  of the third degree, punishable as provided in s. 775.082, s.

18  775.083, or s. 775.084, if the property stolen is valued at

19  $100 or more, but less than $300, and is taken from a dwelling

20  as defined in s. 810.011(2) or from the unenclosed curtilage

21  of a dwelling pursuant to s. 810.09(1).

22         Section 4.  This act shall take effect July 1, 1998.

23

24            *****************************************

25                          SENATE SUMMARY

26    Defines the term "curtilage" for the purpose of crimes
      relating to burglary and trespass. Removes reference to
27    unenclosed curtilage from the crime of theft from a
      dwelling.
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29

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