Senate Bill sb1522

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