| 1 | A bill to be entitled |
| 2 | An act relating to trespass; amending s. 768.075, F.S.; |
| 3 | revising provisions relating to immunity from liability |
| 4 | for injuries to trespassers; amending s. 810.10, F.S.; |
| 5 | increasing criminal penalties for certain offenses |
| 6 | relating to notices on posted land; amending s. 810.115, |
| 7 | F.S.; increasing criminal penalties for certain offenses |
| 8 | relating to breaking or injuring fences; providing an |
| 9 | effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (1) and paragraph (b) of subsection |
| 14 | (3) of section 768.075, Florida Statutes, are amended to read: |
| 15 | 768.075 Immunity from liability for injury to trespassers |
| 16 | on real property.-- |
| 17 | (1) A person or organization owning or controlling an |
| 18 | interest in real property, or an agent of such person or |
| 19 | organization, shall not be held liable for any civil damages for |
| 20 | death of or injury or damage to a trespasser upon the property |
| 21 | when such trespasser was under the influence of alcoholic |
| 22 | beverages with a blood-alcohol level of 0.08 percent or higher, |
| 23 | when such trespasser was under the influence of any chemical |
| 24 | substance set forth in s. 877.111, when such trespasser was |
| 25 | illegally under the influence of any substance controlled under |
| 26 | chapter 893, or if the trespasser is affected by any of the |
| 27 | aforesaid substances to the extent that her or his normal |
| 28 | faculties are impaired. However, the person or organization |
| 29 | owning or controlling the interest in real property shall not be |
| 30 | immune from liability if gross negligence or intentional |
| 31 | misconduct on the part of such person or organization or agent |
| 32 | thereof is a proximate cause of the death of or injury or damage |
| 33 | to the trespasser. |
| 34 | (3) |
| 35 | (b) To avoid liability to undiscovered trespassers, a |
| 36 | person or organization owning or controlling an interest in real |
| 37 | property must refrain from intentional misconduct that |
| 38 | proximately causes injury to the undiscovered trespasser, but |
| 39 | has no duty to warn of dangerous conditions. To avoid liability |
| 40 | to discovered trespassers, a person or organization owning or |
| 41 | controlling an interest in real property must refrain from gross |
| 42 | negligence or intentional misconduct that proximately causes |
| 43 | injury to the discovered trespasser, but the person or |
| 44 | organization has no duty to and must warn the trespasser of |
| 45 | dangerous conditions that are known to the person or |
| 46 | organization owning or controlling an interest in real property |
| 47 | but that are not readily observable by others. |
| 48 | Section 2. Section 810.10, Florida Statutes, is amended to |
| 49 | read: |
| 50 | 810.10 Posted land; removing notices unlawful; penalty.-- |
| 51 | (1) It is unlawful for any person to willfully remove, |
| 52 | destroy, mutilate, or commit any act designed to remove, |
| 53 | mutilate, or reduce the legibility or effectiveness of any |
| 54 | posted notice placed by the owner, tenant, lessee, or occupant |
| 55 | of legally enclosed or legally posted land pursuant to any law |
| 56 | of this state for the purpose of legally enclosing the same. |
| 57 | (2) Any person violating the provisions of this section |
| 58 | commits shall be guilty of a felony misdemeanor of the third |
| 59 | second degree, punishable as provided in s. 775.082, or s. |
| 60 | 775.083, or s. 775.084. |
| 61 | Section 3. Subsection (1) of section 810.115, Florida |
| 62 | Statutes, is amended to read: |
| 63 | 810.115 Breaking or injuring fences.-- |
| 64 | (1) Whoever willfully and maliciously breaks down, mars, |
| 65 | injures, defaces, cuts, or otherwise creates or causes to be |
| 66 | created an opening, gap, interruption, or break in any fence, or |
| 67 | any part thereof, belonging to or enclosing land not his or her |
| 68 | own, or whoever causes to be broken down, marred, injured, |
| 69 | defaced, or cut any fence belonging to or enclosing land not his |
| 70 | or her own, commits a felony misdemeanor of the third first |
| 71 | degree, punishable as provided in s. 775.082, or s. 775.083, or |
| 72 | s. 775.084. |
| 73 | Section 4. This act shall take effect October 1, 2007. |