Senate Bill sb2180c1

    Florida Senate - 2007                           CS for SB 2180

    By the Committee on Regulated Industries; and Senator Bennett





    580-2197-07

  1                      A bill to be entitled

  2         An act relating to trespass; amending s.

  3         810.011, F.S.; defining the term "construction

  4         site" for specified purposes; amending s.

  5         810.09, F.S.; revising provisions relating to

  6         trespassing on a construction site; providing

  7         for signage to notify the public of a covered

  8         construction site; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Subsection (13) is added to section

13  810.011, Florida Statutes, to read:

14         810.011  Definitions.--As used in this chapter:

15         (13)  "Construction site" means any property upon which

16  there is construction for which a building permit is a

17  requirement.

18         Section 2.  Paragraph (d) of subsection (2) of section

19  810.09, Florida Statutes, is amended to read:

20         810.09  Trespass on property other than structure or

21  conveyance.--

22         (2)

23         (d)1.  The offender commits a felony of the third

24  degree, punishable as provided in s. 775.082, s. 775.083, or

25  s. 775.084, if the property trespassed upon is a construction

26  site greater than 1 acre in area which that is legally posted

27  and identified in substantially the following manner: "THIS

28  AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO

29  TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

30         2.  The offender commits a felony of the third degree,

31  punishable as provided in s. 775.082, s. 775.083, or s.

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






    Florida Senate - 2007                           CS for SB 2180
    580-2197-07




 1  775.084, if the property trespassed upon is a construction

 2  site of 1 acre or less in area and is identified as such with

 3  a sign that appears prominently, in letters or not less than 2

 4  inches in height, and reads in substantially the following

 5  manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND

 6  ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." The

 7  sign shall be placed at the location on the property where the

 8  permits for construction are located. For construction sites

 9  of 1 acre or less as provided in this subparagraph, it is not

10  necessary to give notice by posting as defined in s.

11  810.011(5).

12         Section 3.  This act shall take effect July 1, 2007.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 2180

16                                 

17  The committee substitute(CS) deletes the provision in s.
    810.011, F.S., which exempts property of less than one acre
18  from the posting requirement.  It provides a definition for
    "construction site" in s. 810.011(13), F.S., to provide that
19  the location is subject to a building permit requirement
    instead of providing that it is subject to building permit
20  posting requirements.

21  The CS creates s. 810.09(2)(d)2., F.S., to provide a third
    degree felony violation for trespass at construction sites of
22  less than one acre in size. It provides the form for the
    no-trespassing notice, requires that the notice be placed
23  where the building permits for the construction site are
    located, and specifies that it is not necessary for a
24  construction site of less than one acre to give the notice
    required by s. 810.011(5), F.S.
25  
    The CS amends s. 810.09(2)(d)1., F.S., to limit its provisions
26  to a construction site greater than one acre.

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