| 1 | A bill to be entitled |
| 2 | An act relating to trespass; amending s. 810.011, F.S.; |
| 3 | providing that property that is owned or leased by a |
| 4 | railroad or railway company does not have to satisfy the |
| 5 | definition of "posted land" in order to obtain the |
| 6 | benefits of ss. 810.09 and 810.12, F.S., in certain |
| 7 | circumstances; amending s. 901.15, F.S.; authorizing a law |
| 8 | enforcement officer to make a warrantless arrest if there |
| 9 | is probable cause to believe a person has committed |
| 10 | trespass to a stationary rail or roadbed in certain |
| 11 | circumstances; reenacting s. 810.09(1)(a), F.S., relating |
| 12 | to trespass on property other than structure or |
| 13 | conveyance, for the purpose of incorporating the amendment |
| 14 | to s. 810.011, F.S., in a reference thereto; providing an |
| 15 | effective date. |
| 16 |
|
| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
|
| 19 | Section 1. Subsection (5) of section 810.011, Florida |
| 20 | Statutes, is amended to read: |
| 21 | 810.011 Definitions.--As used in this chapter: |
| 22 | (5)(a) "Posted land" is that land upon which signs are |
| 23 | placed not more than 500 feet apart along, and at each corner |
| 24 | of, the boundaries of the land, upon which signs there appears |
| 25 | prominently, in letters of not less than 2 inches in height, the |
| 26 | words "no trespassing" and in addition thereto the name of the |
| 27 | owner, lessee, or occupant of said land. Said signs shall be |
| 28 | placed along the boundary line of posted land in a manner and in |
| 29 | such position as to be clearly noticeable from outside the |
| 30 | boundary line. |
| 31 | (b) It shall not be necessary to give notice by posting on |
| 32 | any enclosed land or place not exceeding 5 acres in area on |
| 33 | which there is a dwelling house in order to obtain the benefits |
| 34 | of ss. 810.09 and 810.12 pertaining to trespass on enclosed |
| 35 | lands. |
| 36 | (c) It shall not be necessary to give notice by posting as |
| 37 | required in paragraph (a) on any stationary rails or roadbeds |
| 38 | that are owned or leased by a railroad or railway company and: |
| 39 | 1. Readily recognizable to a reasonable person as being |
| 40 | the property of a railroad or railway company; or |
| 41 | 2. Identified by conspicuous fencing or signs indicating |
| 42 | that the property is owned or leased by a railroad or railway |
| 43 | company |
| 44 |
|
| 45 | in order to obtain the benefits of ss. 810.09 and 810.12 |
| 46 | pertaining to trespass on enclosed lands. |
| 47 | Section 2. Subsection (15) of section 901.15, Florida |
| 48 | Statutes, is amended to read: |
| 49 | 901.15 When arrest by officer without warrant is |
| 50 | lawful.--A law enforcement officer may arrest a person without a |
| 51 | warrant when: |
| 52 | (15)(a) There is probable cause to believe that the person |
| 53 | has committed trespass in a secure area of an airport when signs |
| 54 | are posted in conspicuous areas of the airport which notify that |
| 55 | unauthorized entry into such areas constitutes a trespass and |
| 56 | specify the methods for gaining authorized access to such areas. |
| 57 | (b) There is probable cause to believe that the person has |
| 58 | committed trespass to any stationary rails or roadbeds owned or |
| 59 | leased by a railroad or railway company and such property |
| 60 | satisfies the criteria of s. 810.011(5)(c). |
| 61 |
|
| 62 | An arrest under this subsection may be made on or off airport, |
| 63 | railroad, or railway premises. A law enforcement officer who |
| 64 | acts in good faith and exercises due care in making an arrest |
| 65 | under this subsection is immune from civil liability that |
| 66 | otherwise might result by reason of the law enforcement |
| 67 | officer's action. |
| 68 | Section 3. For the purpose of incorporating the amendment |
| 69 | to section 810.011, Florida Statutes, in a reference thereto, |
| 70 | paragraph (a) of subsection (1) of section 810.09, Florida |
| 71 | Statutes, is reenacted to read: |
| 72 | 810.09 Trespass on property other than structure or |
| 73 | conveyance.-- |
| 74 | (1)(a) A person who, without being authorized, licensed, |
| 75 | or invited, willfully enters upon or remains in any property |
| 76 | other than a structure or conveyance: |
| 77 | 1. As to which notice against entering or remaining is |
| 78 | given, either by actual communication to the offender or by |
| 79 | posting, fencing, or cultivation as described in s. 810.011; or |
| 80 | 2. If the property is the unenclosed curtilage of a |
| 81 | dwelling and the offender enters or remains with the intent to |
| 82 | commit an offense thereon, other than the offense of trespass, |
| 83 |
|
| 84 | commits the offense of trespass on property other than a |
| 85 | structure or conveyance. |
| 86 | Section 4. This act shall take effect October 1, 2004. |