| 1 | The Committee on Judiciary recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to trespass; amending s. 810.011, F.S.; |
| 7 | providing that property that is owned or leased by a |
| 8 | railroad or railway company does not have to satisfy the |
| 9 | definition of "posted land" in order to obtain the |
| 10 | benefits of ss. 810.09 and 810.12, F.S., 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 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 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 |
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| 45 | in order to obtain the benefits of ss. 810.09 and 810.12 |
| 46 | pertaining to trespass on enclosed lands. |
| 47 | Section 2. For the purpose of incorporating the amendment |
| 48 | to section 810.011, Florida Statutes, in a reference thereto, |
| 49 | paragraph (a) of subsection (1) of section 810.09, Florida |
| 50 | Statutes, is reenacted to read: |
| 51 | 810.09 Trespass on property other than structure or |
| 52 | conveyance.-- |
| 53 | (1)(a) A person who, without being authorized, licensed, |
| 54 | or invited, willfully enters upon or remains in any property |
| 55 | other than a structure or conveyance: |
| 56 | 1. As to which notice against entering or remaining is |
| 57 | given, either by actual communication to the offender or by |
| 58 | posting, fencing, or cultivation as described in s. 810.011; or |
| 59 | 2. If the property is the unenclosed curtilage of a |
| 60 | dwelling and the offender enters or remains with the intent to |
| 61 | commit an offense thereon, other than the offense of trespass, |
| 62 |
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| 63 | commits the offense of trespass on property other than a |
| 64 | structure or conveyance. |
| 65 | Section 3. This act shall take effect October 1, 2004. |