Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 2754
Barcode 675338
CHAMBER ACTION
Senate House
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04/30/2007 04:31 PM .
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11 Senator Haridopolos moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, between lines 13 and 14,
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16 insert:
17 Section 3. Section 810.125, Florida Statutes, is
18 created to read:
19 810.125 Injury to certain trespassers on agricultural
20 land; recovery limited.--A person or organization owning,
21 controlling, or possessing an interest in agricultural real
22 property, or an agent of such person or organization, shall
23 not be held liable for negligence related to such property
24 that results in the death of, injury to, or damage to a person
25 who has engaged or is engaging in conduct on the property that
26 is unlawful under either s. 810.10 or s. 810.115 or unlawful
27 trespassing by such person incident to such conduct on the
28 property.
29 Section 4. Subsection (5) of section 810.011, Florida
30 Statutes, is amended to read:
31 810.011 Definitions.--As used in this chapter:
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 2754
Barcode 675338
1 (5)(a) "Posted land" is that land upon which:
2 1. Signs are placed not more than 500 feet apart
3 along, and at each corner of, the boundaries of the land, upon
4 which signs there appears prominently, in letters of not less
5 than 2 inches in height, the words "no trespassing" and in
6 addition thereto the name of the owner, lessee, or occupant of
7 said land. Said signs shall be placed along the boundary line
8 of posted land in a manner and in such position as to be
9 clearly noticeable from outside the boundary line; or.
10 2.a. Conspicuous no trespassing notice is painted on
11 trees or posts on the property, provided that the notice is:
12 (I) Painted in an international orange color and
13 displaying the stenciled words "No Trespassing" in letters no
14 less than 2 inches high and 1 inch wide either vertically or
15 horizontally;
16 (II) Placed so that the bottom of the painted notice
17 is not less than 3 feet from the ground or more than 5 feet
18 from the ground; and
19 (III) Placed at locations that are readily visible to
20 any person approaching the property and no more than 500 feet
21 apart on agricultural land.
22 b. Beginning October 1, 2007, when a landowner uses
23 the painted no trespassing posting to identify a "no
24 trespassing" area, those painted notices shall be accompanied
25 by signs complying with subparagraph 1. and placed
26 conspicuously at all places where entry to the property is
27 normally expected or known to occur.
28 (b) It shall not be necessary to give notice by
29 posting on any enclosed land or place not exceeding 5 acres in
30 area on which there is a dwelling house in order to obtain the
31 benefits of ss. 810.09 and 810.12 pertaining to trespass on
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 2754
Barcode 675338
1 enclosed lands.
2 Section 5. Section 810.10, Florida Statutes, is
3 amended to read:
4 810.10 Posted land; removing notices unlawful;
5 penalty.--
6 (1) It is unlawful for any person to willfully remove,
7 destroy, mutilate, or commit any act designed to remove,
8 mutilate, or reduce the legibility or effectiveness of any
9 posted notice placed by the owner, tenant, lessee, or occupant
10 of legally enclosed or legally posted land pursuant to any law
11 of this state for the purpose of legally enclosing the same.
12 (2) Any person violating the provisions of this
13 section commits shall be guilty of a misdemeanor of the first
14 second degree, punishable as provided in s. 775.082 or s.
15 775.083.
16 Section 6. Subsection (1) of section 810.115, Florida
17 Statutes, is amended to read:
18 810.115 Breaking or injuring fences.--
19 (1) Whoever willfully and maliciously breaks down,
20 mars, injures, defaces, cuts, or otherwise creates or causes
21 to be created an opening, gap, interruption, or break in any
22 fence, or any part thereof, belonging to or enclosing land not
23 his or her own, or whoever causes to be broken down, marred,
24 injured, defaced, or cut any fence belonging to or enclosing
25 land not his or her own, commits a misdemeanor of the first
26 degree, punishable as provided in s. 775.082 or s. 775.083. A
27 person who commits a second or subsequent offense under this
28 subsection commits a felony of the third degree, punishable as
29 provided in s. 775.082, s. 775.083, or s. 775.084.
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31 (Redesignate subsequent sections.)
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2:57 PM 04/30/07 s2754c2c-26-r8h
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 2754
Barcode 675338
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, line 14, after the second semicolon,
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5 insert:
6 creating s. 810.125, F.S.; limiting liability
7 for injury to certain trespassers on
8 agricultural property; amending s. 810.011,
9 F.S.; revising the definition of "posted land"
10 to provide an alternative method of posting;
11 amending s. 810.10, F.S.; increasing criminal
12 penalties for certain offenses relating to
13 notices on posted land; amending s. 810.115,
14 F.S.; increasing criminal penalties for certain
15 offenses relating to breaking or injuring
16 fences;
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