Senate Bill sb2180e1

    CS for SB 2180                                 First Engrossed



  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; revising the definition of

  9         the terms "authorized person" or "person

10         authorized"; providing an effective date.

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

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

15  810.011, Florida Statutes, to read:

16         810.011  Definitions.--As used in this chapter:

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

18  there is construction for which a building permit is a

19  requirement.

20         Section 2.  Paragraph (d) of subsection (2) and

21  subsection (3) of section 810.09, Florida Statutes, are

22  amended to read:

23         810.09  Trespass on property other than structure or

24  conveyance.--

25         (2)

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

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

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

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

30  and identified in substantially the following manner: "THIS

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






    CS for SB 2180                                 First Engrossed



 1  AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO

 2  TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

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

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

 5  775.084, if the property trespassed upon is a construction

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

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

 8  inches in height, and reads in substantially the following

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

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

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

12  permits for construction are located. For construction sites

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

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

15  810.011(5).

16         (3)  As used in this section, the term "authorized

17  person" or "person authorized" means any owner, or his or her

18  agent, or a community association authorized as an agent for

19  the owner, or any law enforcement officer whose department has

20  received written authorization from the owner, or his or her

21  agent, or a community association authorized as an agent for

22  the owner, to communicate an order to leave the property in

23  the case of a threat to public safety or welfare.

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

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