Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for SB 2180
                        Barcode 064782
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 2/WD/2R          .                    
       04/26/2007 03:29 PM         .                    
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 1, line 12, through
15            page 2, line 11, delete those lines
16  
17  and insert:  
18         Section 1.  Subsection (5) of section 810.011, Florida
19  Statutes, is amended, and subsection (13) is added to that
20  section, to read:
21         810.011  Definitions.--As used in this chapter:
22         (5)(a)  "Posted land" is that land upon which:
23         1.  Signs are placed not more than 500 feet apart
24  along, and at each corner of, the boundaries of the land, upon
25  which signs there appears prominently, in letters of not less
26  than 2 inches in height, the words "no trespassing" and in
27  addition thereto the name of the owner, lessee, or occupant of
28  said land. Said signs shall be placed along the boundary line
29  of posted land in a manner and in such position as to be
30  clearly noticeable from outside the boundary line; or
31         2.a.  Conspicuous purple paint marks are placed on
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    12:16 PM   04/26/07                            s2180c1c-21-13e

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2180 Barcode 064782 1 trees or posts on the property, provided that the marks are: 2 (I) Vertical lines at least 1 inch in width and at 3 least 8 inches in length; 4 (II) Placed so that the bottom of the mark is not less 5 than 3 feet from the ground or more than 5 feet from the 6 ground; and 7 (III) Placed at locations that are readily visible to 8 any person approaching the property and no more than 1,000 9 feet apart on forest land. 10 b. Beginning October 1, 2007, when a landowner uses 11 the purple posting to identify a "no trespassing" area, those 12 marks shall be accompanied by signs placed conspicuously and 13 at all places where entry to the property is normally expected 14 explaining that the purple paint marks mean no trespassing, 15 property restricted, or a similar explanation of what the 16 purple paint marks indicate. Property that is fenced or not 17 fenced and using the purple paint marks shall have signs 18 placed conspicuously and at all places where entry to the 19 property is normally expected. On and after October 1, 2009, 20 no sign shall be required to explain the purple posting. 21 (b) It shall not be necessary to give notice by 22 posting on any enclosed land or place not exceeding 5 acres in 23 area on which there is a dwelling house in order to obtain the 24 benefits of ss. 810.09 and 810.12 pertaining to trespass on 25 enclosed lands. 26 (13) "Construction site" means any property upon which 27 there is construction for which a building permit is a 28 requirement. 29 Section 2. Paragraph (d) of subsection (2) of section 30 810.09, Florida Statutes, is amended to read: 31 810.09 Trespass on property other than structure or 2 12:16 PM 04/26/07 s2180c1c-21-13e
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2180 Barcode 064782 1 conveyance.-- 2 (2) 3 (d)1. The offender commits a felony of the third 4 degree, punishable as provided in s. 775.082, s. 775.083, or 5 s. 775.084, if the property trespassed upon is a construction 6 site greater than 1 acre in area which that is legally posted 7 and identified in substantially the following manner: "THIS 8 AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO 9 TRESPASSES ON THIS PROPERTY COMMITS A FELONY." 10 2. The offender commits a felony of the third degree, 11 punishable as provided in s. 775.082, s. 775.083, or s. 12 775.084, if the property trespassed upon is a construction 13 site of 1 acre or less in area and is identified as such with 14 a sign that appears prominently, in letters or not less than 2 15 inches in height, and reads in substantially the following 16 manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND 17 ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." The 18 sign shall be placed at the location on the property where the 19 permits for construction are located. For construction sites 20 of 1 acre or less as provided in this subparagraph, it is not 21 necessary to give notice by posting as defined in s. 22 810.011(5). 23 Section 3. Section 810.10, Florida Statutes, is 24 amended to read: 25 810.10 Posted land; removing notices unlawful; 26 penalty.-- 27 (1) It is unlawful for any person to willfully remove, 28 destroy, mutilate, or commit any act designed to remove, 29 mutilate, or reduce the legibility or effectiveness of any 30 posted notice placed by the owner, tenant, lessee, or occupant 31 of legally enclosed or legally posted land pursuant to any law 3 12:16 PM 04/26/07 s2180c1c-21-13e
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2180 Barcode 064782 1 of this state for the purpose of legally enclosing the same. 2 (2) Any person violating the provisions of this 3 section commits shall be guilty of a felony misdemeanor of the 4 third second degree, punishable as provided in s. 775.082, or 5 s. 775.083, or s. 775.084. 6 Section 4. Subsection (1) of section 810.115, Florida 7 Statutes, is amended to read: 8 810.115 Breaking or injuring fences.-- 9 (1) Whoever willfully and maliciously breaks down, 10 mars, injures, defaces, cuts, or otherwise creates or causes 11 to be created an opening, gap, interruption, or break in any 12 fence, or any part thereof, belonging to or enclosing land not 13 his or her own, or whoever causes to be broken down, marred, 14 injured, defaced, or cut any fence belonging to or enclosing 15 land not his or her own, commits a felony misdemeanor of the 16 third first degree, punishable as provided in s. 775.082, or 17 s. 775.083, or s. 775.084. 18 Section 5. Section 810.125, Florida Statutes, is 19 created to read: 20 810.125 Injury to certain trespassers on agricultural 21 land; recovery limited.--Any person intentionally and 22 knowingly trespassing on agricultural property who is injured 23 or harmed on such property shall be barred from bringing suit 24 against a person owning or controlling an interest in the real 25 property that is the subject of the trespass for any injury or 26 harm arising to the trespasser during the course and scope of 27 his or her unlawful conduct. 28 29 (Redesignate subsequent sections.) 30 31 4 12:16 PM 04/26/07 s2180c1c-21-13e
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2180 Barcode 064782 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, lines 3-8, delete those lines 4 5 and insert: 6 810.011, F.S.; revising the definition of 7 "posted land" to provide an alternative method 8 of posting; defining the term "construction 9 site" for specified purposes; amending s. 10 810.09, F.S.; revising provisions relating to 11 trespassing on a construction site; providing 12 for signage to notify the public of a covered 13 construction site; amending s. 810.10, F.S.; 14 increasing criminal penalties for certain 15 offenses relating to notices on posted land; 16 amending s. 810.115, F.S.; increasing criminal 17 penalties for certain offenses relating to 18 breaking or injuring fences; creating s. 19 810.125, F.S.; limiting liability for injury to 20 certain trespassers on agricultural property; 21 providing an effective date. 22 23 24 25 26 27 28 29 30 31 5 12:16 PM 04/26/07 s2180c1c-21-13e