CS/HB 1185

1
A bill to be entitled
2An act relating to trespass; amending s. 810.011, F.S.;
3defining the term "construction site" for specified
4purposes; amending s. 810.09, F.S.; revising requirements
5for posting on a construction site; revising the
6definition of the terms "authorized person" or "person
7authorized" for specified purposes; providing an effective
8date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (13) is added to section 810.011,
13Florida Statutes, to read:
14     810.011  Definitions.--As used in this chapter:
15     (13)  "Construction site" means any property upon which
16there is construction that is subject to building permit posting
17requirements.
18     Section 2.  Paragraph (d) of subsection (2) and subsection
19(3) of section 810.09, Florida Statutes, are amended to read:
20     810.09  Trespass on property other than structure or
21conveyance.--
22     (2)
23     (d)  The offender commits a felony of the third degree,
24punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
25if the property trespassed is a construction site that is:
26     1.  Greater than 1 acre in area and that is legally posted
27and identified in substantially the following manner: "THIS AREA
28IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON
29THIS PROPERTY COMMITS A FELONY."; or
30     2.  One acre or less in area and is identified as such with
31a sign that appears prominently, in letters of not less than 2
32inches in height, and reads in substantially the following
33manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE
34WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." The sign
35shall be placed at the location on the property where the
36permits for construction are located. For construction sites of
371 acre or less as provided in this subparagraph, it shall not be
38necessary to give notice by posting as defined in s. 810.011(5).
39(3)  As used in this section, the term "authorized person"
40or "person authorized" means any owner, or his or her agent, or
41a community association authorized as an agent for the owner, or
42any law enforcement officer whose department has received
43written authorization from the owner, or his or her agent, or a
44community association authorized as an agent for the owner, to
45communicate an order to leave the property in the case of a
46threat to public safety or welfare.
47     Section 3.  This act shall take effect July 1, 2007.


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