Senate Bill 0590c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 590
By the Committee on Criminal Justice and Senator Silver
307-1624-98
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.; defining
8 the term "authorized person"; removing
9 reference to unenclosed curtilage from the
10 offense of theft from a dwelling; providing an
11 effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Subsection (12) is added to section
16 810.011, Florida Statutes, to read:
17 810.011 Definitions.--As used in this chapter:
18 (12) "Curtilage" means the land or grounds, and any
19 outbuildings, that are directly and intimately adjacent to and
20 connected with the dwelling or structure and necessary,
21 convenient, and habitually used in connection with that
22 dwelling or structure. It is not necessary for the curtilage
23 to be enclosed.
24 Section 2. Subsections (1) and (2) of section 810.09,
25 Florida Statutes, are amended to read:
26 810.09 Trespass on property other than structure or
27 conveyance.--
28 (1)(a) A person who, without being authorized,
29 licensed, or invited, willfully enters upon or remains in any
30 property other than a structure or conveyance:
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 590
307-1624-98
1 1. as to which notice against entering or remaining is
2 given, either by actual communication to the offender or by
3 posting, fencing, or cultivation as described in s. 810.011;
4 or
5 2. If the property is the unenclosed curtilage of a
6 dwelling and the offender enters or remains with the intent to
7 commit an offense thereon, other than the offense of trespass,
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9 commits the offense of trespass on property other than a
10 structure or conveyance.
11 (b) As used in this section, the term "unenclosed
12 curtilage" means the unenclosed land or grounds, and any
13 outbuildings, that are directly and intimately adjacent to and
14 connected with the dwelling and necessary, convenient, and
15 habitually used in connection with that dwelling.
16 (2)
17 (b) If the offender defies an order to leave,
18 personally communicated to the offender by the owner of the
19 premises or by an authorized person, or if the offender
20 willfully opens any door, fence, or gate or does any act that
21 exposes animals, crops, or other property to waste,
22 destruction, or freedom; unlawfully dumps litter on property;
23 or trespasses on property other than a structure or
24 conveyance, the offender commits a misdemeanor of the first
25 degree, punishable as provided in s. 775.082 or s. 775.083. As
26 used in this section, the term "authorized person" includes a
27 law enforcement officer who receives either express or implied
28 authorization from the owner or his or her agent.
29 Section 3. Paragraph (d) of subsection (2) of section
30 812.014, Florida Statutes, is amended to read:
31 812.014 Theft.--
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 590
307-1624-98
1 (2)
2 (d) It is grand theft of the third degree and a felony
3 of the third degree, punishable as provided in s. 775.082, s.
4 775.083, or s. 775.084, if the property stolen is valued at
5 $100 or more, but less than $300, and is taken from a dwelling
6 as defined in s. 810.011(2) or from the unenclosed curtilage
7 of a dwelling pursuant to s. 810.09(1).
8 Section 4. This act shall take effect July 1, 1998.
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10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
11 Senate Bill 590
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13 . Revises the definition of "curtilage" by removing the
words "immediately surrounding" and adding the terms
14 "directly and intimately adjacent to" as well as,
"necessary, convenient, and habitually used."
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. Amends the trespass statute to clarify that a law
16 enforcement officer is authorized to order a trespasser
off a property when the officer has either express or
17 implied authorization from the owner or his or her agent.
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