Senate Bill 0154

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    Florida Senate - 1999                                   SB 154

    By Senator Sebesta





    20-91A-99

  1                      A bill to be entitled

  2         An act relating to trespass upon the grounds or

  3         facilities of a school; transferring,

  4         renumbering, and amending s. 228.091, F.S.;

  5         providing for the offense of trespass upon the

  6         grounds or facilities of a school to apply to a

  7         trespass upon the grounds or facilities of a

  8         nonpublic school; defining the term "school

  9         property"; providing an effective date.

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

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13         Section 1.  Section 228.091, Florida Statutes, is

14  transferred, renumbered as section 810.097, Florida Statutes,

15  and amended to read:

16         810.097 228.091  Trespass upon grounds or facilities of

17  a school public schools; penalties; arrest.--

18         (1)  Any person who:

19         (a)1.  Is not a student, officer, or employee of the a

20  public school;

21         2.  Does not have legitimate business on the campus or

22  any other authorization, license, or invitation to enter or

23  remain upon school property; or

24         3.  Is not a parent, guardian, or person who has legal

25  custody of a student enrolled at such school; or

26         (b)1.  Is a student currently under suspension or

27  expulsion; or

28         2.  Is an employee who is not required by his or her

29  employment by such school to be on the campus or any other

30  facility owned, operated, or controlled by the governing board

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    Florida Senate - 1999                                   SB 154
    20-91A-99




  1  of such school and who has no lawful purpose to be on such

  2  premises;

  3

  4  and who enters or remains upon the campus or any other

  5  facility owned by any such school commits a trespass upon the

  6  grounds of a public school facility and is guilty of a

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

  8  775.082 or s. 775.083.

  9         (2)  Any person who:

10         (a)1.  Is not a student, officer, or employee of the a

11  public school;

12         2.  Does not have legitimate business on the campus or

13  any other authorization, license, or invitation to enter or

14  remain upon school property; or

15         3.  Is not a parent, guardian, or person who has legal

16  custody of a student enrolled at such school; or

17         (b)1.  Is a student currently under suspension or

18  expulsion; or

19         2.  Is an employee who is not required by his or her

20  employment by the school to be on the campus or any other

21  facility owned, operated, or controlled by the governing board

22  of such school and who has no lawful purpose to be on such

23  premises;

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25  and who enters or remains upon the campus or other facility of

26  such school after the chief administrative officer of such

27  school, or any employee thereof designated by the chief

28  administrative officer to maintain order on such campus or

29  facility, has directed such person to leave such campus or

30  facility or not to enter upon the campus or facility, commits

31  a same, is guilty of the offense of trespass upon the grounds

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    Florida Senate - 1999                                   SB 154
    20-91A-99




  1  of a public school facility and is guilty of a misdemeanor of

  2  the first degree, punishable as provided in s. 775.082 or s.

  3  775.083.

  4         (3)  The chief administrative officer of a school, or

  5  any employee thereof designated by the chief administrative

  6  officer to maintain order on such campus or facility, who has

  7  probable cause to believe that a person is trespassing upon

  8  school grounds in violation of this section may take such

  9  person into custody and detain him or her in a reasonable

10  manner for a reasonable length of time pending arrival of a

11  law enforcement officer.  Such taking into custody and

12  detention by an authorized person does shall not render that

13  person criminally or civilly liable for false arrest, false

14  imprisonment, or unlawful detention.  If In the event a

15  trespasser is taken into custody, a law enforcement officer

16  shall be called to the scene immediately after the person is

17  taken into custody.

18         (4)  Any law enforcement officer may arrest either on

19  or off the premises and without warrant any person the officer

20  has probable cause for believing has committed the offense of

21  trespass upon the grounds of a public school facility.  Such

22  arrest shall not render the law enforcement officer criminally

23  or civilly liable for false arrest, false imprisonment, or

24  unlawful detention.

25         (5)  As used in this section, the term "school" means

26  the grounds or facility of any kindergarten, elementary

27  school, middle school, junior high school, or secondary

28  school, whether public or nonpublic.

29         Section 2.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999                                   SB 154
    20-91A-99




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  2                          SENATE SUMMARY

  3    Provides that the offense of trespass upon the grounds or
      facilities of a school applies to a trespass upon the
  4    grounds or facilities of any kindergarten, elementary
      school, middle school, junior high school, or secondary
  5    school, whether public or nonpublic.

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