| 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. |