Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 2754
                        Barcode 943672
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3         Floor: 2/AD/2R          .                    
       05/01/2007 03:21 PM         .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Haridopolos moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 3, between lines 13 and 14,
15  
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:
                                  1
    4:24 PM   04/30/07                             s2754c2c-26-dd2

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2754 Barcode 943672 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 a safety orange color and displaying 13 the stenciled words "No Trespassing" in letters no less than 2 14 inches high and 1 inch wide either vertically or horizontally; 15 (II) Placed so that the bottom of the painted notice 16 is not less than 1 foot from the ground or more than 5 feet 17 from the ground; and 18 (III) Placed at locations that are readily visible to 19 any person approaching the property and no more than 500 feet 20 apart on agricultural land. 21 b. Beginning October 1, 2007, when a landowner uses 22 the painted no trespassing posting to identify a "no 23 trespassing" area, those painted notices shall be accompanied 24 by signs complying with subparagraph 1. and placed 25 conspicuously at all places where entry to the property is 26 normally expected or known to occur. 27 (b) It shall not be necessary to give notice by 28 posting on any enclosed land or place not exceeding 5 acres in 29 area on which there is a dwelling house in order to obtain the 30 benefits of ss. 810.09 and 810.12 pertaining to trespass on 31 enclosed lands. 2 4:24 PM 04/30/07 s2754c2c-26-dd2
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2754 Barcode 943672 1 Section 5. Section 810.10, Florida Statutes, is 2 amended to read: 3 810.10 Posted land; removing notices unlawful; 4 penalty.-- 5 (1) It is unlawful for any person to willfully remove, 6 destroy, mutilate, or commit any act designed to remove, 7 mutilate, or reduce the legibility or effectiveness of any 8 posted notice placed by the owner, tenant, lessee, or occupant 9 of legally enclosed or legally posted land pursuant to any law 10 of this state for the purpose of legally enclosing the same. 11 (2) Any person violating the provisions of this 12 section commits shall be guilty of a misdemeanor of the first 13 second degree, punishable as provided in s. 775.082 or s. 14 775.083. 15 Section 6. Subsection (1) of section 810.115, Florida 16 Statutes, is amended to read: 17 810.115 Breaking or injuring fences.-- 18 (1) Whoever willfully and maliciously breaks down, 19 mars, injures, defaces, cuts, or otherwise creates or causes 20 to be created an opening, gap, interruption, or break in any 21 fence, or any part thereof, belonging to or enclosing land not 22 his or her own, or whoever causes to be broken down, marred, 23 injured, defaced, or cut any fence belonging to or enclosing 24 land not his or her own, commits a misdemeanor of the first 25 degree, punishable as provided in s. 775.082 or s. 775.083. A 26 person who commits a second or subsequent offense under this 27 subsection commits a felony of the third degree, punishable as 28 provided in s. 775.082, s. 775.083, or s. 775.084. 29 30 (Redesignate subsequent sections.) 31 3 4:24 PM 04/30/07 s2754c2c-26-dd2
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2754 Barcode 943672 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, 4 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; 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 4:24 PM 04/30/07 s2754c2c-26-dd2