HB 1477

1
A bill to be entitled
2An act relating to trespass; amending s. 810.09, F.S.;
3including trespass on certain property of railway
4companies and mining companies within the offense of
5trespass on property other than a structure or conveyance;
6providing criminal penalties; amending s. 810.011, F.S.;
7revising the definition of the term "cultivated land" for
8purposes of provisions relating to trespass; providing an
9effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 810.09, Florida Statutes, is amended to
14read:
15     810.09  Trespass on property other than structure or
16conveyance.-
17     (1)(a)  A person who, without being authorized, licensed,
18or invited, willfully enters upon or remains in any property
19other than a structure or conveyance:
20     1.  As to which notice against entering or remaining is
21given, either by actual communication to the offender or by
22posting, fencing, or cultivation as described in s. 810.011; or
23     2.  If the property is the unenclosed curtilage of a
24dwelling and the offender enters or remains with the intent to
25commit an offense thereon, other than the offense of trespass;,
26     3.  If the property is either readily recognizable to a
27reasonable person as the property of a railroad or railway
28company or is identified by conspicuous fencing or signs
29indicating that the property is owned or leased by a railroad or
30railway company; or
31     4.  If the property is either readily recognizable to a
32reasonable person as the property of a mining company or is
33identified by conspicuous fencing or signs indicating that the
34property is owned or leased by a mining company;
35
36commits the offense of trespass on property other than a
37structure or conveyance.
38     (b)  As used in this section, the term "unenclosed
39curtilage" means the unenclosed land or grounds, and any
40outbuildings, that are directly and intimately adjacent to and
41connected with the dwelling and necessary, convenient, and
42habitually used in connection with that dwelling.
43     (2)(a)  Except as provided in this subsection, trespass on
44property other than a structure or conveyance is a misdemeanor
45of the first degree, punishable as provided in s. 775.082 or s.
46775.083.
47     (b)  If the offender defies an order to leave, personally
48communicated to the offender by the owner of the premises or by
49an authorized person, or if the offender willfully opens any
50door, fence, or gate or does any act that exposes animals,
51crops, or other property to waste, destruction, or freedom;
52unlawfully dumps litter on property; or trespasses on property
53other than a structure or conveyance, the offender commits a
54misdemeanor of the first degree, punishable as provided in s.
55775.082 or s. 775.083.
56     (c)  If the offender is armed with a firearm or other
57dangerous weapon during the commission of the offense of
58trespass on property other than a structure or conveyance, he or
59she is guilty of a felony of the third degree, punishable as
60provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or
61person authorized by the owner may, for prosecution purposes,
62take into custody and detain, in a reasonable manner, for a
63reasonable length of time, any person when he or she reasonably
64believes that a violation of this paragraph has been or is being
65committed, and that the person to be taken into custody and
66detained has committed or is committing the violation. If a
67person is taken into custody, a law enforcement officer shall be
68called as soon as is practicable after the person has been taken
69into custody. The taking into custody and detention in
70compliance with the requirements of this paragraph does not
71result in criminal or civil liability for false arrest, false
72imprisonment, or unlawful detention.
73     (d)  The offender commits a felony of the third degree,
74punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
75if the property trespassed is a construction site that is:
76     1.  Greater than 1 acre in area and is legally posted and
77identified in substantially the following manner: "THIS AREA IS
78A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON
79THIS PROPERTY COMMITS A FELONY."; or
80     2.  One acre or less in area and is identified as such with
81a sign that appears prominently, in letters of not less than 2
82inches in height, and reads in substantially the following
83manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE
84WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." The sign
85shall be placed at the location on the property where the
86permits for construction are located. For construction sites of
871 acre or less as provided in this subparagraph, it shall not be
88necessary to give notice by posting as defined in s. 810.011(5).
89     (e)  The offender commits a felony of the third degree,
90punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
91if the property trespassed upon is commercial horticulture
92property and the property is legally posted and identified in
93substantially the following manner: "THIS AREA IS DESIGNATED
94COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO
95TRESPASSES ON THIS PROPERTY COMMITS A FELONY."
96     (f)  The offender commits a felony of the third degree,
97punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
98if the property trespassed upon is an agricultural site for
99testing or research purposes that is legally posted and
100identified in substantially the following manner: "THIS AREA IS
101A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES,
102AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."
103     (g)  The offender commits a felony of the third degree,
104punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
105if the property trespassed upon is a domestic violence center
106certified under s. 39.905 which is legally posted and identified
107in substantially the following manner: "THIS AREA IS A
108DESIGNATED RESTRICTED SITE AND ANYONE WHO TRESPASSES ON THIS
109PROPERTY COMMITS A FELONY."
110     (h)  Any person who in taking or attempting to take any
111animal described in s. 379.101(19) or (20), or in killing,
112attempting to kill, or endangering any animal described in s.
113585.01(13) knowingly propels or causes to be propelled any
114potentially lethal projectile over or across private land
115without authorization commits trespass, a felony of the third
116degree, punishable as provided in s. 775.082, s. 775.083, or s.
117775.084. For purposes of this paragraph, the term "potentially
118lethal projectile" includes any projectile launched from any
119firearm, bow, crossbow, or similar tensile device. This section
120does not apply to any governmental agent or employee acting
121within the scope of his or her official duties.
122     (i)  The offender commits a felony of the third degree,
123punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
124if the property trespassed upon is an agricultural chemicals
125manufacturing facility that is legally posted and identified in
126substantially the following manner: "THIS AREA IS A DESIGNATED
127AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO
128TRESPASSES ON THIS PROPERTY COMMITS A FELONY."
129     (3)  As used in this section, the term "authorized person"
130or "person authorized" means any owner, his or her agent, or a
131community association authorized as an agent for the owner, or
132any law enforcement officer whose department has received
133written authorization from the owner, his or her agent, or a
134community association authorized as an agent for the owner, to
135communicate an order to leave the property in the case of a
136threat to public safety or welfare.
137     Section 2.  Subsection (6) of section 810.011, Florida
138Statutes, is amended to read:
139     810.011  Definitions.-As used in this chapter:
140     (6)  "Cultivated land" is that land which either
141constitutes a natural pasture or which has been cleared of its
142natural vegetation and is presently planted with a crop,
143orchard, grove, pasture, or trees or is fallow land as part of a
144crop rotation.
145     Section 3.  This act shall take effect October 1, 2011.


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