HB 1117 2003
1	A bill to be entitled
2	An act relating to trespass; creating s. 810.098, F.S.;
3	prohibiting the damaging of fences or other animal
4	retention structures during a trespass upon agricultural
5	property; providing penalties; providing for forfeiture of
6	motor vehicle or other personal property used in the
7	offense; amending s. 932.701, F.S.; redefining the term
8	"contraband article" for purposes of the Florida
9	Contraband Forfeiture Act to include such motor vehicles
10	and personal property; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Section 810.098, Florida Statutes, is created
15	to read:
16	810.098 Trespass on agricultural property.--Any person who
17	enters upon agricultural property without the owner's permission
18	and, in the process of entering the property or while upon the
19	property, causes damage to fencing or any retention structure
20	used to contain animals, thereby exposing the public to danger,
21	commits a felony of the third degree, punishable as provided in
22	s. 775.082, s. 775.083, or s. 775.084. The law enforcement
23	agency investigating a violation of this section may seize any
24	motor vehicle and any other personal property used in damaging
25	such fence or retention structure, and such motor vehicle and
26	personal property are subject to forfeiture under the Florida
27	Contraband Forfeiture Act.
28	Section 2. Paragraph (a) of subsection (2) of section
29	932.701, Florida Statutes, is amended to read:
30	932.701 Short title; definitions.--
31	(2) As used in the Florida Contraband Forfeiture Act:
32	(a) "Contraband article" means:
33	1. Any controlled substance as defined in chapter 893 or
34	any substance, device, paraphernalia, or currency or other means
35	of exchange that was used, was attempted to be used, or was
36	intended to be used in violation of any provision of chapter
37	893, if the totality of the facts presented by the state is
38	clearly sufficient to meet the state's burden of establishing
39	probable cause to believe that a nexus exists between the
40	article seized and the narcotics activity, whether or not the
41	use of the contraband article can be traced to a specific
42	narcotics transaction.
43	2. Any gambling paraphernalia, lottery tickets, money,
44	currency, or other means of exchange which was used, was
45	attempted, or intended to be used in violation of the gambling
46	laws of the state.
47	3. Any equipment, liquid or solid, which was being used,
48	is being used, was attempted to be used, or intended to be used
49	in violation of the beverage or tobacco laws of the state.
50	4. Any motor fuel upon which the motor fuel tax has not
51	been paid as required by law.
52	5. Any personal property, including, but not limited to,
53	any vessel, aircraft, item, object, tool, substance, device,
54	weapon, machine, vehicle of any kind, money, securities, books,
55	records, research, negotiable instruments, or currency, which
56	was used or was attempted to be used as an instrumentality in
57	the commission of, or in aiding or abetting in the commission
58	of, any felony, whether or not comprising an element of the
59	felony, or which is acquired by proceeds obtained as a result of
60	a violation of the Florida Contraband Forfeiture Act.
61	6. Any real property, including any right, title,
62	leasehold, or other interest in the whole of any lot or tract of
63	land, which was used, is being used, or was attempted to be used
64	as an instrumentality in the commission of, or in aiding or
65	abetting in the commission of, any felony, or which is acquired
66	by proceeds obtained as a result of a violation of the Florida
67	Contraband Forfeiture Act.
68	7. Any personal property, including, but not limited to,
69	equipment, money, securities, books, records, research,
70	negotiable instruments, currency, or any vessel, aircraft, item,
71	object, tool, substance, device, weapon, machine, or vehicle of
72	any kind in the possession of or belonging to any person who
73	takes aquaculture products in violation of s. 812.014(2)(c).
74	8. Any motor vehicle offered for sale in violation of s.
75	320.28.
76	9. Any motor vehicle used during the course of committing
77	an offense in violation of s. 322.34(9)(a).
78	10. Any motor vehicle or other personal property used in
79	committing a trespass on agricultural property in violation of
80	s. 810.098.
81	Section 3. This act shall take effect July 1, 2003.