Senate Bill 0786

    Florida Senate - 1998                                   SB 786

    By Senator Gutman





    34-766-98

  1                      A bill to be entitled

  2         An act relating to the offense of trespass;

  3         amending s. 810.08, F.S.; providing an enhanced

  4         penalty for trespass in a structure or

  5         conveyance if the offender commits an assault

  6         or battery upon any person in the structure or

  7         conveyance; providing an effective date.

  8

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

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11         Section 1.  Section 810.08, Florida Statutes, is

12  amended to read:

13         810.08  Trespass in structure or conveyance.--

14         (1)  Whoever, without being authorized, licensed, or

15  invited, willfully enters or remains in any structure or

16  conveyance, or, having been authorized, licensed, or invited,

17  is warned by the owner or lessee of the premises, or by a

18  person authorized by the owner or lessee, to depart and

19  refuses to do so, commits the offense of trespass in a

20  structure or conveyance.

21         (2)(a)  Except as otherwise provided in this

22  subsection, trespass in a structure or conveyance is a

23  misdemeanor of the second degree, punishable as provided in s.

24  775.082 or s. 775.083.

25         (b)  If there is a human being in the structure or

26  conveyance at the time the offender trespassed, attempted to

27  trespass, or was in the structure or conveyance, the trespass

28  in a structure or conveyance is a misdemeanor of the first

29  degree, punishable as provided in s. 775.082 or s. 775.083.

30         (c)  If the offender is armed with a firearm or other

31  dangerous weapon, or arms himself or herself with such while

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






    Florida Senate - 1998                                   SB 786
    34-766-98




  1  in the structure or conveyance, or commits an assault or

  2  battery upon any person in the structure or conveyance, the

  3  trespass in a structure or conveyance is a felony of the third

  4  degree, punishable as provided in s. 775.082, s. 775.083, or

  5  s. 775.084.  Any owner or person authorized by the owner may,

  6  for prosecution purposes, take into custody and detain, in a

  7  reasonable manner, for a reasonable length of time, any person

  8  when he or she reasonably believes that a violation of this

  9  paragraph has been or is being committed, and he or she

10  reasonably believes that the person to be taken into custody

11  and detained has committed or is committing such violation.

12  In the event a person is taken into custody, a law enforcement

13  officer shall be called as soon as is practicable after the

14  person has been taken into custody.  The taking into custody

15  and detention by such person, if done in compliance with the

16  requirements of this paragraph, shall not render such person

17  criminally or civilly liable for false arrest, false

18  imprisonment, or unlawful detention.

19         Section 2.  This act shall take effect July 1, 1998.

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22                          SENATE SUMMARY

23    Provides that it is a third-degree felony for a person to
      trespass in a structure or conveyance and to commit an
24    assault or battery upon any person in the structure or
      conveyance.
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