| 1 | A bill to be entitled |
| 2 | An act relating to trespass; amending s. 810.09, F.S.; |
| 3 | including trespass on certain property of railway |
| 4 | companies and mining companies within the offense of |
| 5 | trespass on property other than a structure or conveyance; |
| 6 | providing criminal penalties; amending s. 810.011, F.S.; |
| 7 | revising the definition of the term "cultivated land" for |
| 8 | purposes of provisions relating to trespass; 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. Section 810.09, Florida Statutes, is amended to |
| 14 | read: |
| 15 | 810.09 Trespass on property other than structure or |
| 16 | conveyance.- |
| 17 | (1)(a) A person who, without being authorized, licensed, |
| 18 | or invited, willfully enters upon or remains in any property |
| 19 | other than a structure or conveyance: |
| 20 | 1. As to which notice against entering or remaining is |
| 21 | given, either by actual communication to the offender or by |
| 22 | posting, fencing, or cultivation as described in s. 810.011; or |
| 23 | 2. If the property is the unenclosed curtilage of a |
| 24 | dwelling and the offender enters or remains with the intent to |
| 25 | commit an offense thereon, other than the offense of trespass;, |
| 26 | 3. If the property is either readily recognizable to a |
| 27 | reasonable person as the property of a railroad or railway |
| 28 | company or is identified by conspicuous fencing or signs |
| 29 | indicating that the property is owned or leased by a railroad or |
| 30 | railway company; or |
| 31 | 4. If the property is either readily recognizable to a |
| 32 | reasonable person as the property of a mining company or is |
| 33 | identified by conspicuous fencing or signs indicating that the |
| 34 | property is owned or leased by a mining company; |
| 35 |
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| 36 | commits the offense of trespass on property other than a |
| 37 | structure or conveyance. |
| 38 | (b) As used in this section, the term "unenclosed |
| 39 | curtilage" means the unenclosed land or grounds, and any |
| 40 | outbuildings, that are directly and intimately adjacent to and |
| 41 | connected with the dwelling and necessary, convenient, and |
| 42 | habitually used in connection with that dwelling. |
| 43 | (2)(a) Except as provided in this subsection, trespass on |
| 44 | property other than a structure or conveyance is a misdemeanor |
| 45 | of the first degree, punishable as provided in s. 775.082 or s. |
| 46 | 775.083. |
| 47 | (b) If the offender defies an order to leave, personally |
| 48 | communicated to the offender by the owner of the premises or by |
| 49 | an authorized person, or if the offender willfully opens any |
| 50 | door, fence, or gate or does any act that exposes animals, |
| 51 | crops, or other property to waste, destruction, or freedom; |
| 52 | unlawfully dumps litter on property; or trespasses on property |
| 53 | other than a structure or conveyance, the offender commits a |
| 54 | misdemeanor of the first degree, punishable as provided in s. |
| 55 | 775.082 or s. 775.083. |
| 56 | (c) If the offender is armed with a firearm or other |
| 57 | dangerous weapon during the commission of the offense of |
| 58 | trespass on property other than a structure or conveyance, he or |
| 59 | she is guilty of a felony of the third degree, punishable as |
| 60 | provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or |
| 61 | person authorized by the owner may, for prosecution purposes, |
| 62 | take into custody and detain, in a reasonable manner, for a |
| 63 | reasonable length of time, any person when he or she reasonably |
| 64 | believes that a violation of this paragraph has been or is being |
| 65 | committed, and that the person to be taken into custody and |
| 66 | detained has committed or is committing the violation. If a |
| 67 | person is taken into custody, a law enforcement officer shall be |
| 68 | called as soon as is practicable after the person has been taken |
| 69 | into custody. The taking into custody and detention in |
| 70 | compliance with the requirements of this paragraph does not |
| 71 | result in criminal or civil liability for false arrest, false |
| 72 | imprisonment, or unlawful detention. |
| 73 | (d) The offender commits a felony of the third degree, |
| 74 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 75 | if the property trespassed is a construction site that is: |
| 76 | 1. Greater than 1 acre in area and is legally posted and |
| 77 | identified in substantially the following manner: "THIS AREA IS |
| 78 | A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON |
| 79 | THIS PROPERTY COMMITS A FELONY."; or |
| 80 | 2. One acre or less in area and is identified as such with |
| 81 | a sign that appears prominently, in letters of not less than 2 |
| 82 | inches in height, and reads in substantially the following |
| 83 | manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE |
| 84 | WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." The sign |
| 85 | shall be placed at the location on the property where the |
| 86 | permits for construction are located. For construction sites of |
| 87 | 1 acre or less as provided in this subparagraph, it shall not be |
| 88 | necessary to give notice by posting as defined in s. 810.011(5). |
| 89 | (e) The offender commits a felony of the third degree, |
| 90 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 91 | if the property trespassed upon is commercial horticulture |
| 92 | property and the property is legally posted and identified in |
| 93 | substantially the following manner: "THIS AREA IS DESIGNATED |
| 94 | COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO |
| 95 | TRESPASSES ON THIS PROPERTY COMMITS A FELONY." |
| 96 | (f) The offender commits a felony of the third degree, |
| 97 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 98 | if the property trespassed upon is an agricultural site for |
| 99 | testing or research purposes that is legally posted and |
| 100 | identified in substantially the following manner: "THIS AREA IS |
| 101 | A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, |
| 102 | AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." |
| 103 | (g) The offender commits a felony of the third degree, |
| 104 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 105 | if the property trespassed upon is a domestic violence center |
| 106 | certified under s. 39.905 which is legally posted and identified |
| 107 | in substantially the following manner: "THIS AREA IS A |
| 108 | DESIGNATED RESTRICTED SITE AND ANYONE WHO TRESPASSES ON THIS |
| 109 | PROPERTY COMMITS A FELONY." |
| 110 | (h) Any person who in taking or attempting to take any |
| 111 | animal described in s. 379.101(19) or (20), or in killing, |
| 112 | attempting to kill, or endangering any animal described in s. |
| 113 | 585.01(13) knowingly propels or causes to be propelled any |
| 114 | potentially lethal projectile over or across private land |
| 115 | without authorization commits trespass, a felony of the third |
| 116 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 117 | 775.084. For purposes of this paragraph, the term "potentially |
| 118 | lethal projectile" includes any projectile launched from any |
| 119 | firearm, bow, crossbow, or similar tensile device. This section |
| 120 | does not apply to any governmental agent or employee acting |
| 121 | within the scope of his or her official duties. |
| 122 | (i) The offender commits a felony of the third degree, |
| 123 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 124 | if the property trespassed upon is an agricultural chemicals |
| 125 | manufacturing facility that is legally posted and identified in |
| 126 | substantially the following manner: "THIS AREA IS A DESIGNATED |
| 127 | AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO |
| 128 | TRESPASSES ON THIS PROPERTY COMMITS A FELONY." |
| 129 | (3) As used in this section, the term "authorized person" |
| 130 | or "person authorized" means any owner, his or her agent, or a |
| 131 | community association authorized as an agent for the owner, or |
| 132 | any law enforcement officer whose department has received |
| 133 | written authorization from the owner, his or her agent, or a |
| 134 | community association authorized as an agent for the owner, to |
| 135 | communicate an order to leave the property in the case of a |
| 136 | threat to public safety or welfare. |
| 137 | Section 2. Subsection (6) of section 810.011, Florida |
| 138 | Statutes, is amended to read: |
| 139 | 810.011 Definitions.-As used in this chapter: |
| 140 | (6) "Cultivated land" is that land which either |
| 141 | constitutes a natural pasture or which has been cleared of its |
| 142 | natural vegetation and is presently planted with a crop, |
| 143 | orchard, grove, pasture, or trees or is fallow land as part of a |
| 144 | crop rotation. |
| 145 | Section 3. This act shall take effect October 1, 2011. |