| 1 | A bill to be entitled |
| 2 | An act relating to trespass; creating s. 810.125, F.S.; |
| 3 | limiting liability for injury to certain trespassers on |
| 4 | agricultural property; providing for application and |
| 5 | construction; amending s. 810.011, F.S.; revising the |
| 6 | definition of "posted land" to provide an alternative |
| 7 | method of posting; amending s. 810.10, F.S.; increasing |
| 8 | criminal penalties for certain offenses relating to |
| 9 | notices on posted land; amending s. 810.115, F.S.; |
| 10 | increasing criminal penalties for certain offenses |
| 11 | relating to breaking or injuring fences; providing an |
| 12 | effective date. |
| 13 |
|
| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
|
| 16 | Section 1. Section 810.125, Florida Statutes, is created |
| 17 | to read: |
| 18 | 810.125 Injury to certain trespassers on agricultural |
| 19 | land; recovery limited.-- |
| 20 | (1) A person having a real property interest in |
| 21 | agricultural land shall not be liable to any person who |
| 22 | intentionally and knowingly trespasses on such agricultural land |
| 23 | and is injured or harmed during the course and scope of such |
| 24 | unlawful conduct. |
| 25 | (2) This section shall not apply to injury or harm that is |
| 26 | caused by the intentional and willful conduct of the holder of |
| 27 | the possessory or other controlling interest in the real |
| 28 | property; nor shall this section be interpreted or construed to |
| 29 | alter the common law as it pertains to the attractive nuisance |
| 30 | doctrine. |
| 31 | Section 2. Subsection (5) of section 810.011, Florida |
| 32 | Statutes, is amended to read: |
| 33 | 810.011 Definitions.--As used in this chapter: |
| 34 | (5)(a) "Posted land" is that land upon which: |
| 35 | 1. Signs are placed not more than 500 feet apart along, |
| 36 | and at each corner of, the boundaries of the land, upon which |
| 37 | signs there appears prominently, in letters of not less than 2 |
| 38 | inches in height, the words "no trespassing" and in addition |
| 39 | thereto the name of the owner, lessee, or occupant of said land. |
| 40 | Said signs shall be placed along the boundary line of posted |
| 41 | land in a manner and in such position as to be clearly |
| 42 | noticeable from outside the boundary line; or |
| 43 | 2.a. Conspicuous purple paint marks are placed on trees or |
| 44 | posts on the property, provided that the marks are: |
| 45 | (I) Vertical lines at least 1 inch in width and at least 8 |
| 46 | inches in length; |
| 47 | (II) Placed so that the bottom of the mark is not less |
| 48 | than 3 feet from the ground or more than 5 feet from the ground; |
| 49 | and |
| 50 | (III) Placed at locations that are readily visible to any |
| 51 | person approaching the property and no more than 1,000 feet |
| 52 | apart on forest land. |
| 53 | b. Beginning October 1, 2007, when a landowner uses the |
| 54 | purple posting to identify a "no trespassing" area, those marks |
| 55 | shall be accompanied by signs placed conspicuously and at all |
| 56 | places where entry to the property is normally expected |
| 57 | explaining that the purple paint marks mean no trespassing, |
| 58 | property restricted, or a similar explanation of what the purple |
| 59 | paint marks indicate. Property that is fenced or not fenced and |
| 60 | using the purple paint marks shall have signs placed |
| 61 | conspicuously and at all places where entry to the property is |
| 62 | normally expected. On and after October 1, 2009, no sign shall |
| 63 | be required to explain the purple posting. |
| 64 | (b) It shall not be necessary to give notice by posting on |
| 65 | any enclosed land or place not exceeding 5 acres in area on |
| 66 | which there is a dwelling house in order to obtain the benefits |
| 67 | of ss. 810.09 and 810.12 pertaining to trespass on enclosed |
| 68 | lands. |
| 69 | Section 3. Section 810.10, Florida Statutes, is amended to |
| 70 | read: |
| 71 | 810.10 Posted land; removing notices unlawful; penalty.-- |
| 72 | (1) It is unlawful for any person to willfully remove, |
| 73 | destroy, mutilate, or commit any act designed to remove, |
| 74 | mutilate, or reduce the legibility or effectiveness of any |
| 75 | posted notice placed by the owner, tenant, lessee, or occupant |
| 76 | of legally enclosed or legally posted land pursuant to any law |
| 77 | of this state for the purpose of legally enclosing the same. |
| 78 | (2) Any person violating the provisions of this section |
| 79 | commits shall be guilty of a felony misdemeanor of the third |
| 80 | second degree, punishable as provided in s. 775.082, or s. |
| 81 | 775.083, or s. 775.084. |
| 82 | Section 4. Subsection (1) of section 810.115, Florida |
| 83 | Statutes, is amended to read: |
| 84 | 810.115 Breaking or injuring fences.-- |
| 85 | (1) Whoever willfully and maliciously breaks down, mars, |
| 86 | injures, defaces, cuts, or otherwise creates or causes to be |
| 87 | created an opening, gap, interruption, or break in any fence, or |
| 88 | any part thereof, belonging to or enclosing land not his or her |
| 89 | own, or whoever causes to be broken down, marred, injured, |
| 90 | defaced, or cut any fence belonging to or enclosing land not his |
| 91 | or her own, commits a felony misdemeanor of the third first |
| 92 | degree, punishable as provided in s. 775.082, or s. 775.083, or |
| 93 | s. 775.084. |
| 94 | Section 5. This act shall take effect October 1, 2007. |