(LATE FILED)Amendment
Bill No. 0553
Amendment No. 800793
CHAMBER ACTION
Senate House
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1Representative(s) Troutman offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 19-93 and insert:
5land; liability.--A person or organization owning, controlling,
6or possessing an interest in agricultural real property, or an
7agent of such person or organization, shall not be held liable
8for negligence related to such property that results in the
9death of, injury to, or damage to a person who has engaged or is
10engaging in conduct on the property that is unlawful under
11either s. 810.10 or s. 810.115, or unlawful trespassing by such
12person incident to such conduct on the property.
13     Section 2.  Subsection (5) of section 810.011, Florida
14Statutes, is amended to read:
15     810.011  Definitions.--As used in this chapter:
16     (5)(a)  "Posted land" is that land upon which:
17     1.  Signs are placed not more than 500 feet apart along,
18and at each corner of, the boundaries of the land, upon which
19signs there appears prominently, in letters of not less than 2
20inches in height, the words "no trespassing" and in addition
21thereto the name of the owner, lessee, or occupant of said land.
22Said signs shall be placed along the boundary line of posted
23land in a manner and in such position as to be clearly
24noticeable from outside the boundary line; or
25     2.a.  Conspicuous no trespassing notice is painted on trees
26or posts on the property, provided that the notice is:
27     (I)  Painted in an international orange color and
28displaying the stenciled words "No Trespassing" in letters no
29less than 2 inches high and 1 inch wide either vertically or
30horizontally;
31     (II)  Placed so that the bottom of the painted notice is
32not less than 3 feet from the ground or more than 5 feet from
33the ground; and
34     (III)  Placed at locations that are readily visible to any
35person approaching the property and no more than 500 feet apart
36on agricultural land.
37     b.  Beginning October 1, 2007, when a landowner uses the
38painted no trespassing posting to identify a "no trespassing"
39area, those painted notices shall be accompanied by signs
40complying with subparagraph 1. and placed conspicuously at all
41places where entry to the property is normally expected or known
42to occur.
43     (b)  It shall not be necessary to give notice by posting on
44any enclosed land or place not exceeding 5 acres in area on
45which there is a dwelling house in order to obtain the benefits
46of ss. 810.09 and 810.12 pertaining to trespass on enclosed
47lands.
48     Section 3.  Section 810.10, Florida Statutes, is amended to
49read:
50     810.10  Posted land; removing notices unlawful; penalty.--
51     (1)  It is unlawful for any person to willfully remove,
52destroy, mutilate, or commit any act designed to remove,
53mutilate, or reduce the legibility or effectiveness of any
54posted notice placed by the owner, tenant, lessee, or occupant
55of legally enclosed or legally posted land pursuant to any law
56of this state for the purpose of legally enclosing the same.
57     (2)  Any person violating the provisions of this section
58commits shall be guilty of a misdemeanor of the first second
59degree, punishable as provided in s. 775.082 or s. 775.083.
60     Section 4.  Subsection (1) of section 810.115, Florida
61Statutes, is amended to read:
62     810.115  Breaking or injuring fences.--
63     (1)  Whoever willfully and maliciously breaks down, mars,
64injures, defaces, cuts, or otherwise creates or causes to be
65created an opening, gap, interruption, or break in any fence, or
66any part thereof, belonging to or enclosing land not his or her
67own, or whoever causes to be broken down, marred, injured,
68defaced, or cut any fence belonging to or enclosing land not his
69or her own, commits a misdemeanor of the first degree,
70punishable as provided in s. 775.082 or s. 775.083. A person who
71commits a second or subsequent offense under this subsection
72commits a felony of the third degree, punishable as provided in
73s. 775.082, s. 775.083, or s. 775.084.
74
75======= T I T L E  A M E N D M E N T =======
76     Remove line(s) 4-5 and insert:
77agricultural property; amending s. 810.011, F.S.;
78revising the


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