House Bill hb1423er

    ENROLLED

    2002 Legislature                     HB 1423, Second Engrossed



  1                                 

  2         An act relating to school safety; creating s.

  3         810.0975, F.S.; defining the term "school

  4         safety zone"; prohibiting certain persons from

  5         entering or loitering within a school safety

  6         zone; providing a penalty; providing an

  7         exception for residents and persons operating a

  8         licensed business; providing an effective date.

  9  

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

11  

12         Section 1.  Section 810.0975, Florida Statutes, is

13  created to read:

14         810.0975  School safety zones; definition; trespass

15  prohibited; penalty.--

16         (1)  For the purposes of this section, the term "school

17  safety zone" means in, on, or within 500 feet of any real

18  property owned by or leased to any public or private

19  elementary, middle or high school or school board and used for

20  elementary, middle or high school education.

21         (2)(a)  Each principal or designee of each public or

22  private school in this state shall notify the appropriate law

23  enforcement agency to prohibit any person from loitering in

24  the school safety zone who does not have legitimate business

25  in the school safety zone or any other authorization, or

26  license to enter or remain in the school safety zone or does

27  not otherwise have invitee status in the designated safety

28  zone.

29         (b)  During the period from 1 hour prior to the start

30  of a school session until 1 hour after the conclusion of a

31  school session, it is unlawful for any person to enter the


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




    ENROLLED

    2002 Legislature                     HB 1423, Second Engrossed



  1  premises or trespass within a school safety zone or to remain

  2  on such premises or within such school safety zone when that

  3  person does not have legitimate business in the school safety

  4  zone or any other authorization, license, or invitation to

  5  enter or remain in the school safety zone. Any person who

  6  violates this subsection commits a misdemeanor of the second

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

  8         (c)  Any person who does not have legitimate business

  9  in the school safety zone or any other authorization, license,

10  or invitation to enter or remain in the school safety zone who

11  shall willfully fail to remove himself or herself from the

12  school safety zone after the principal or designee, having a

13  reasonable belief that he or she will commit a crime or is

14  engaged in harassment or intimidation of students entering or

15  leaving school property, requests him or her to leave the

16  school safety zone commits a misdemeanor of the second degree,

17  punishable as provided in s. 775.082 or s. 775.083. Nothing in

18  this section shall be construed to abridge or infringe upon

19  the right of any person to peaceably assemble and protest.

20         (3)  This section does not apply to residents or

21  persons engaged in the operation of a licensed commercial

22  business within the school safety zone.

23         Section 2.  This act shall take effect July 1, 2002.

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