| 1 | Representative Troutman offered the following: |
| 2 |
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| 3 | Amendment (with title amendments) |
| 4 | Between lines 72 and 73, insert: |
| 5 |
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| 6 | Section 3. Section 810.125, Florida Statutes, is created |
| 7 | to read: |
| 8 | 810.125 Injury to certain trespassers on agricultural |
| 9 | land; recovery limited.--A person or organization owning, |
| 10 | controlling, or possessing an interest in agricultural real |
| 11 | property, or an agent of such person or organization, shall not |
| 12 | be held liable for negligence related to such property that |
| 13 | results in the death of, injury to, or damage to a person who |
| 14 | has engaged or is engaging in conduct on the property that is |
| 15 | unlawful under either s. 810.10 or s. 810.115 or unlawful |
| 16 | trespassing by such person incident to such conduct on the |
| 17 | property. |
| 18 | Section 4. Subsection (5) of section 810.011, Florida |
| 19 | Statutes, is amended to read: |
| 20 | 810.011 Definitions.--As used in this chapter: |
| 21 | (5)(a) "Posted land" is that land upon which: |
| 22 | 1. Signs are placed not more than 500 feet apart along, |
| 23 | and at each corner of, the boundaries of the land, upon which |
| 24 | signs there appears prominently, in letters of not less than 2 |
| 25 | inches in height, the words "no trespassing" and in addition |
| 26 | thereto the name of the owner, lessee, or occupant of said land. |
| 27 | Said signs shall be placed along the boundary line of posted |
| 28 | land in a manner and in such position as to be clearly |
| 29 | noticeable from outside the boundary line; or. |
| 30 | 2.a. Conspicuous no trespassing notice is painted on trees |
| 31 | or posts on the property, provided that the notice is: |
| 32 | (I) Painted in an international orange color and |
| 33 | displaying the stenciled words "No Trespassing" in letters no |
| 34 | less than 2 inches high and 1 inch wide either vertically or |
| 35 | horizontally; |
| 36 | (II) Placed so that the bottom of the painted notice is |
| 37 | not less than 3 feet from the ground or more than 5 feet from |
| 38 | the ground; and |
| 39 | (III) Placed at locations that are readily visible to any |
| 40 | person approaching the property and no more than 500 feet apart |
| 41 | on agricultural land. |
| 42 | b. Beginning October 1, 2007, when a landowner uses the |
| 43 | painted no trespassing posting to identify a "no trespassing" |
| 44 | area, those painted notices shall be accompanied by signs |
| 45 | complying with subparagraph 1. and placed conspicuously at all |
| 46 | places where entry to the property is normally expected or known |
| 47 | to occur. |
| 48 | (b) It shall not be necessary to give notice by posting on |
| 49 | any enclosed land or place not exceeding 5 acres in area on |
| 50 | which there is a dwelling house in order to obtain the benefits |
| 51 | of ss. 810.09 and 810.12 pertaining to trespass on enclosed |
| 52 | lands. |
| 53 | Section 5. Section 810.10, Florida Statutes, is amended to |
| 54 | read: |
| 55 | 810.10 Posted land; removing notices unlawful; penalty.-- |
| 56 | (1) It is unlawful for any person to willfully remove, |
| 57 | destroy, mutilate, or commit any act designed to remove, |
| 58 | mutilate, or reduce the legibility or effectiveness of any |
| 59 | posted notice placed by the owner, tenant, lessee, or occupant |
| 60 | of legally enclosed or legally posted land pursuant to any law |
| 61 | of this state for the purpose of legally enclosing the same. |
| 62 | (2) Any person violating the provisions of this section |
| 63 | commits shall be guilty of a misdemeanor of the first second |
| 64 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 65 | Section 6. Subsection (1) of section 810.115, Florida |
| 66 | Statutes, is amended to read: |
| 67 | 810.115 Breaking or injuring fences.-- |
| 68 | (1) Whoever willfully and maliciously breaks down, mars, |
| 69 | injures, defaces, cuts, or otherwise creates or causes to be |
| 70 | created an opening, gap, interruption, or break in any fence, or |
| 71 | any part thereof, belonging to or enclosing land not his or her |
| 72 | own, or whoever causes to be broken down, marred, injured, |
| 73 | defaced, or cut any fence belonging to or enclosing land not his |
| 74 | or her own, commits a misdemeanor of the first degree, |
| 75 | punishable as provided in s. 775.082 or s. 775.083. A person who |
| 76 | commits a second or subsequent offense under this subsection |
| 77 | commits a felony of the third degree, punishable as provided in |
| 78 | s. 775.082, s. 775.083, or s. 775.084. |
| 79 |
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| 80 | ======= T I T L E A M E N D M E N T ======= |
| 81 | Remove line 13 and insert: |
| 82 |
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| 83 | provision does not apply to certain sales; creating s. 810.125, |
| 84 | F.S.; limiting liability for injury to certain trespassers on |
| 85 | agricultural property; amending s. 810.011, F.S.; revising the |
| 86 | definition of "posted land" to provide an alternative method of |
| 87 | posting; amending s. 810.10, F.S.; increasing criminal penalties |
| 88 | for certain offenses relating to notices on posted land; |
| 89 | amending s. 810.115, F.S.; increasing criminal penalties for |
| 90 | certain offenses relating to breaking or injuring fences; |
| 91 | providing an |