| 1 | A bill to be entitled |
| 2 | An act relating to trespass on the property of a certified |
| 3 | domestic violence center; amending s. 810.09, F.S.; |
| 4 | providing that a person commits a felony of the third |
| 5 | degree if he or she trespasses on the property of a |
| 6 | certified domestic violence center; providing a penalty; |
| 7 | providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsection (2) of section 810.09, Florida |
| 12 | Statutes, is amended to read: |
| 13 | 810.09 Trespass on property other than structure or |
| 14 | conveyance.-- |
| 15 | (2)(a) Except as provided in this subsection, trespass on |
| 16 | property other than a structure or conveyance is a misdemeanor |
| 17 | of the first degree, punishable as provided in s. 775.082 or s. |
| 18 | 775.083. |
| 19 | (b) If the offender defies an order to leave, personally |
| 20 | communicated to the offender by the owner of the premises or by |
| 21 | an authorized person, or if the offender willfully opens any |
| 22 | door, fence, or gate or does any act that exposes animals, |
| 23 | crops, or other property to waste, destruction, or freedom; |
| 24 | unlawfully dumps litter on property; or trespasses on property |
| 25 | other than a structure or conveyance, the offender commits a |
| 26 | misdemeanor of the first degree, punishable as provided in s. |
| 27 | 775.082 or s. 775.083. |
| 28 | (c) If the offender is armed with a firearm or other |
| 29 | dangerous weapon during the commission of the offense of |
| 30 | trespass on property other than a structure or conveyance, he or |
| 31 | she is guilty of a felony of the third degree, punishable as |
| 32 | provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or |
| 33 | person authorized by the owner may, for prosecution purposes, |
| 34 | take into custody and detain, in a reasonable manner, for a |
| 35 | reasonable length of time, any person when he or she reasonably |
| 36 | believes that a violation of this paragraph has been or is being |
| 37 | committed, and that the person to be taken into custody and |
| 38 | detained has committed or is committing the such violation. If |
| 39 | In the event a person is taken into custody, a law enforcement |
| 40 | officer shall be called as soon as is practicable after the |
| 41 | person has been taken into custody. The taking into custody and |
| 42 | detention in compliance with the requirements of this paragraph |
| 43 | does not result in criminal or civil liability for false arrest, |
| 44 | false imprisonment, or unlawful detention. |
| 45 | (d) The offender commits a felony of the third degree, |
| 46 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 47 | if the property trespassed is a construction site that is |
| 48 | legally posted and identified in substantially the following |
| 49 | manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE |
| 50 | WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." |
| 51 | (e) The offender commits a felony of the third degree, |
| 52 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 53 | if the property trespassed upon is commercial horticulture |
| 54 | property and the property is legally posted and identified in |
| 55 | substantially the following manner: "THIS AREA IS DESIGNATED |
| 56 | COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO |
| 57 | TRESPASSES ON THIS PROPERTY COMMITS A FELONY." |
| 58 | (f) The offender commits a felony of the third degree, |
| 59 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 60 | if the property trespassed upon is an agricultural site for |
| 61 | testing or research purposes that is legally posted and |
| 62 | identified in substantially the following manner: "THIS AREA IS |
| 63 | A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, |
| 64 | AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." |
| 65 | (g) The offender commits a felony of the third degree, |
| 66 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 67 | if the property trespassed upon is a domestic violence center |
| 68 | certified under s. 39.905 which is legally posted and identified |
| 69 | in substantially the following manner: "THIS AREA IS A |
| 70 | DESIGNATED RESTRICTED SITE AND ANYONE WHO TRESPASSES ON THIS |
| 71 | PROPERTY COMMITS A FELONY." |
| 72 | (h)(g) Any person who in taking or attempting to take any |
| 73 | animal described in s. 372.001(10) or (11), or in killing, |
| 74 | attempting to kill, or endangering any animal described in s. |
| 75 | 585.01(13) knowingly propels or causes to be propelled any |
| 76 | potentially lethal projectile over or across private land |
| 77 | without authorization commits trespass, a felony of the third |
| 78 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 79 | 775.084. For purposes of this paragraph, the term "potentially |
| 80 | lethal projectile" includes any projectile launched from any |
| 81 | firearm, bow, crossbow, or similar tensile device. This section |
| 82 | does shall not apply to any governmental agent or employee |
| 83 | acting within the scope of his or her official duties. |
| 84 | Section 2. This act shall take effect July 1, 2006. |