Senate Bill 0786c1
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Florida Senate - 1998 CS for SB 786
By the Committee on Criminal Justice and Senator Gutman
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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; amending s. 921.0022, F.S.;
8 providing for a level-4 rank in the offense
9 severity ranking chart of the Criminal
10 Punishment Code; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Section 810.08, Florida Statutes, is
15 amended to read:
16 810.08 Trespass in structure or conveyance.--
17 (1) Whoever, without being authorized, licensed, or
18 invited, willfully enters or remains in any structure or
19 conveyance, or, having been authorized, licensed, or invited,
20 is warned by the owner or lessee of the premises, or by a
21 person authorized by the owner or lessee, to depart and
22 refuses to do so, commits the offense of trespass in a
23 structure or conveyance.
24 (2)(a) Except as otherwise provided in this
25 subsection, trespass in a structure or conveyance is a
26 misdemeanor of the second degree, punishable as provided in s.
27 775.082 or s. 775.083.
28 (b) If there is a human being in the structure or
29 conveyance at the time the offender trespassed, attempted to
30 trespass, or was in the structure or conveyance, the trespass
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Florida Senate - 1998 CS for SB 786
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1 in a structure or conveyance is a misdemeanor of the first
2 degree, punishable as provided in s. 775.082 or s. 775.083.
3 (c) If the offender is armed with a firearm or other
4 dangerous weapon, or arms himself or herself with such while
5 in the structure or conveyance, or commits an assault or
6 battery upon any person in the structure or conveyance, the
7 trespass in a structure or conveyance is a felony of the third
8 degree, punishable as provided in s. 775.082, s. 775.083, or
9 s. 775.084. Any owner or person authorized by the owner may,
10 for prosecution purposes, take into custody and detain, in a
11 reasonable manner, for a reasonable length of time, any person
12 when he or she reasonably believes that a violation of this
13 paragraph has been or is being committed, and he or she
14 reasonably believes that the person to be taken into custody
15 and detained has committed or is committing such violation.
16 In the event a person is taken into custody, a law enforcement
17 officer shall be called as soon as is practicable after the
18 person has been taken into custody. The taking into custody
19 and detention by such person, if done in compliance with the
20 requirements of this paragraph, shall not render such person
21 criminally or civilly liable for false arrest, false
22 imprisonment, or unlawful detention.
23 Section 2. Paragraph (d) of subsection (3) of section
24 921.0022, Florida Statutes, is amended to read:
25 921.0022 Criminal Punishment Code; offense severity
26 ranking chart.--
27 (3) OFFENSE SEVERITY RANKING CHART
28
29 Florida Felony
30 Statute Degree Description
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Florida Senate - 1998 CS for SB 786
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2 (d) LEVEL 4
3 316.1935(2) 3rd Fleeing or attempting to elude
4 law enforcement officer resulting
5 in high-speed pursuit.
6 784.07(2)(b) 3rd Battery of law enforcement
7 officer, firefighter, intake
8 officer, etc.
9 784.075 3rd Battery on detention or
10 commitment facility staff.
11 784.08(2)(c) 3rd Battery on a person 65 years of
12 age or older.
13 784.081(3) 3rd Battery on specified official or
14 employee.
15 784.082(3) 3rd Battery by detained person on
16 visitor or other detainee.
17 787.03(1) 3rd Interference with custody;
18 wrongly takes child from
19 appointed guardian.
20 787.04(2) 3rd Take, entice, or remove child
21 beyond state limits with criminal
22 intent pending custody
23 proceedings.
24 787.04(3) 3rd Carrying child beyond state lines
25 with criminal intent to avoid
26 producing child at custody
27 hearing or delivering to
28 designated person.
29 790.115(1) 3rd Exhibiting firearm or weapon
30 within 1,000 feet of a school.
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Florida Senate - 1998 CS for SB 786
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1 790.115(2)(b) 3rd Possessing electric weapon or
2 device, destructive device, or
3 other weapon on school property.
4 790.115(2)(c) 3rd Possessing firearm on school
5 property.
6 810.02(4)(a) 3rd Burglary, or attempted burglary,
7 of an unoccupied structure;
8 unarmed; no assault or battery.
9 810.02(4)(b) 3rd Burglary, or attempted burglary,
10 of an unoccupied conveyance;
11 unarmed; no assault or battery.
12 810.06 3rd Burglary; possession of tools.
13 810.08(2)(c) 3rd Trespass on property, armed with
14 firearm or dangerous weapon.
15 810.08(2)(c) 3rd Trespass on property with assault
16 or battery committed therein.
17 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
18 or more but less than $20,000.
19 812.014
20 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
21 firearm, motor vehicle,
22 livestock, etc.
23 817.563(1) 3rd Sell or deliver substance other
24 than controlled substance agreed
25 upon, excluding s. 893.03(5)
26 drugs.
27 828.125(1) 2nd Kill, maim, or cause great bodily
28 harm or permanent breeding
29 disability to any registered
30 horse or cattle.
31 837.02(1) 3rd Perjury in official proceedings.
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Florida Senate - 1998 CS for SB 786
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1 837.021(1) 3rd Make contradictory statements in
2 official proceedings.
3 843.025 3rd Deprive law enforcement,
4 correctional, or correctional
5 probation officer of means of
6 protection or communication.
7 843.15(1)(a) 3rd Failure to appear while on bail
8 for felony (bond estreature or
9 bond jumping).
10 874.05(1) 3rd Encouraging or recruiting another
11 to join a criminal street gang.
12 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
13 893.03(1)(a), (b), or (d), or
14 (2)(a) or (b) drugs).
15 914.14(2) 3rd Witnesses accepting bribes.
16 914.22(1) 3rd Force, threaten, etc., witness,
17 victim, or informant.
18 914.23(2) 3rd Retaliation against a witness,
19 victim, or informant, no bodily
20 injury.
21 918.12 3rd Tampering with jurors.
22 Section 3. This act shall take effect October 1, 1998.
23
24 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
25 Senate Bill 786
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27 The offense of trespass with an assault or battery would be
ranked as a level 4 offense in the offense severity ranking
28 chart of the Criminal Punishment Code and would apply to such
offender actions that occur on or after October 1, 1998.
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