Senate Bill sb1522
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1522
By Senator Oelrich
17-1310-07 See HB 553
1 A bill to be entitled
2 An act relating to trespass; amending s.
3 768.075, F.S.; revising provisions relating to
4 immunity from liability for injuries to
5 trespassers; amending s. 810.10, F.S.;
6 increasing criminal penalties for certain
7 offenses relating to notices on posted land;
8 amending s. 810.115, F.S.; increasing criminal
9 penalties for certain offenses relating to
10 breaking or injuring fences; providing an
11 effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Subsection (1) and paragraph (b) of
16 subsection (3) of section 768.075, Florida Statutes, are
17 amended to read:
18 768.075 Immunity from liability for injury to
19 trespassers on real property.--
20 (1) A person or organization owning or controlling an
21 interest in real property, or an agent of such person or
22 organization, shall not be held liable for any civil damages
23 for death of or injury or damage to a trespasser upon the
24 property when such trespasser was under the influence of
25 alcoholic beverages with a blood-alcohol level of 0.08 percent
26 or higher, when such trespasser was under the influence of any
27 chemical substance set forth in s. 877.111, when such
28 trespasser was illegally under the influence of any substance
29 controlled under chapter 893, or if the trespasser is affected
30 by any of the aforesaid substances to the extent that her or
31 his normal faculties are impaired. However, the person or
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1522
17-1310-07 See HB 553
1 organization owning or controlling the interest in real
2 property shall not be immune from liability if gross
3 negligence or intentional misconduct on the part of such
4 person or organization or agent thereof is a proximate cause
5 of the death of or injury or damage to the trespasser.
6 (3)
7 (b) To avoid liability to undiscovered trespassers, a
8 person or organization owning or controlling an interest in
9 real property must refrain from intentional misconduct that
10 proximately causes injury to the undiscovered trespasser, but
11 has no duty to warn of dangerous conditions. To avoid
12 liability to discovered trespassers, a person or organization
13 owning or controlling an interest in real property must
14 refrain from gross negligence or intentional misconduct that
15 proximately causes injury to the discovered trespasser, but
16 the person or organization has no duty to and must warn the
17 trespasser of dangerous conditions that are known to the
18 person or organization owning or controlling an interest in
19 real property but that are not readily observable by others.
20 Section 2. Section 810.10, Florida Statutes, is
21 amended to read:
22 810.10 Posted land; removing notices unlawful;
23 penalty.--
24 (1) It is unlawful for any person to willfully remove,
25 destroy, mutilate, or commit any act designed to remove,
26 mutilate, or reduce the legibility or effectiveness of any
27 posted notice placed by the owner, tenant, lessee, or occupant
28 of legally enclosed or legally posted land pursuant to any law
29 of this state for the purpose of legally enclosing the same.
30 (2) Any person violating the provisions of this
31 section commits shall be guilty of a felony misdemeanor of the
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1522
17-1310-07 See HB 553
1 third second degree, punishable as provided in s. 775.082, or
2 s. 775.083, or s. 775.084.
3 Section 3. Subsection (1) of section 810.115, Florida
4 Statutes, is amended to read:
5 810.115 Breaking or injuring fences.--
6 (1) Whoever willfully and maliciously breaks down,
7 mars, injures, defaces, cuts, or otherwise creates or causes
8 to be created an opening, gap, interruption, or break in any
9 fence, or any part thereof, belonging to or enclosing land not
10 his or her own, or whoever causes to be broken down, marred,
11 injured, defaced, or cut any fence belonging to or enclosing
12 land not his or her own, commits a felony misdemeanor of the
13 third first degree, punishable as provided in s. 775.082, or
14 s. 775.083, or s. 775.084.
15 Section 4. This act shall take effect October 1, 2007.
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