Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2180
Barcode 064782
CHAMBER ACTION
Senate House
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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
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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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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
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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
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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.
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29 (Redesignate subsequent sections.)
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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
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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.
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