1 | A bill to be entitled |
2 | An act relating to trespass; amending s. 810.011, F.S.; |
3 | defining the term "construction site" for specified |
4 | purposes; amending s. 810.09, F.S.; revising requirements |
5 | for posting on a construction site; revising the |
6 | definition of the terms "authorized person" or "person |
7 | authorized" for specified purposes; providing an effective |
8 | date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Subsection (13) is added to section 810.011, |
13 | Florida Statutes, to read: |
14 | 810.011 Definitions.--As used in this chapter: |
15 | (13) "Construction site" means any property upon which |
16 | there is construction that is subject to building permit posting |
17 | requirements. |
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 |
21 | conveyance.-- |
22 | (2) |
23 | (d) The offender commits a felony of the third degree, |
24 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
25 | if the property trespassed is a construction site that is: |
26 | 1. Greater than 1 acre in area and that is legally posted |
27 | and identified in substantially the following manner: "THIS AREA |
28 | IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON |
29 | THIS PROPERTY COMMITS A FELONY."; or |
30 | 2. One acre or less in area and is identified as such with |
31 | a sign that appears prominently, in letters of not less than 2 |
32 | inches in height, and reads in substantially the following |
33 | manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE |
34 | WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." The sign |
35 | shall be placed at the location on the property where the |
36 | permits for construction are located. For construction sites of |
37 | 1 acre or less as provided in this subparagraph, it shall not be |
38 | necessary to give notice by posting as defined in s. 810.011(5). |
39 | (3) As used in this section, the term "authorized person" |
40 | or "person authorized" means any owner, or his or her agent, or |
41 | a community association authorized as an agent for the owner, or |
42 | any law enforcement officer whose department has received |
43 | written authorization from the owner, or his or her agent, or a |
44 | community association authorized as an agent for the owner, to |
45 | communicate an order to leave the property in the case of a |
46 | threat to public safety or welfare. |
47 | Section 3. This act shall take effect July 1, 2007. |