HB 77

1	A bill to be entitled
2	An act relating to trespassing; amending s. 810.011,
3	F.S.; authorizing the use of purple paint marks to
4	identify a "no trespassing" area; providing
5	requirements for marks; requiring specified signage;
6	reenacting s. 260.0125(5) and 810.09(2)(d), F.S.,
7	relating to limitation on liability of private
8	landowners whose property is designated as part of the
9	statewide system of greenways and trails and trespass
10	on property other than structure or conveyance,
11	respectively, to incorporate the amendment made by
12	this act to s. 810.011, F.S., in references thereto;
13	providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Paragraph (a) of subsection (5) of section
18	810.011, Florida Statutes, is amended to read:
19	810.011  Definitions.-As used in this chapter:
20	(5)(a)  "Posted land" is that land upon which signs are
21	placed as provided in subparagraph 1., a no trespassing notice
22	is painted as provided in subparagraph 2., or identifying purple
23	paint marks are placed as provided in subparagraph 3.:
24	1.  Signs are placed not more than 500 feet apart along,
25	and at each corner of, the boundaries of the land, upon which
26	signs there appears prominently, in letters of not less than 2
27	inches in height, the words "no trespassing" and in addition
28	thereto the name of the owner, lessee, or occupant of the said
29	land. The Said signs shall be placed along the boundary line of
30	posted land in a manner and in such position as to be clearly
31	noticeable from outside the boundary line.; or
32	2.a.  Conspicuous no trespassing notice is painted on trees
33	or posts on the property, provided that the notice is:
34	(I)  Painted in an international orange color and
35	displaying the stenciled words "No Trespassing" in letters no
36	less than 2 inches high and 1 inch wide either vertically or
37	horizontally;
38	(II)  Placed so that the bottom of the painted notice is
39	not less than 3 feet from the ground or more than 5 feet from
40	the ground; and
41	(III)  Placed at locations that are readily visible to any
42	person approaching the property and no more than 500 feet apart
43	on agricultural land.
44	b.  Beginning October 1, 2007, When a landowner uses the
45	painted no trespassing posting to identify a "no trespassing"
46	area, those painted notices shall be accompanied by signs
47	complying with subparagraph 1. and placed conspicuously at all
48	places where entry to the property is normally expected or known
49	to occur.
50	3.a.  Identifying purple paint marks are placed on trees or
51	posts on the property, provided that each mark is:
52	(I)  A vertical line of not less than 8 inches in length
53	and not less than 1 inch in width;
54	(II)  Placed so that the bottom of the mark is not less
55	than 3 feet from the ground or more than 5 feet from the ground;
56	and
57	(III)  Placed so that each mark is readily visible to any
58	person approaching the property and no more than 100 feet apart.
59	b.  When a landowner uses purple paint marks to identify a
60	"no trespassing" area, those marks shall be accompanied by signs
61	complying with subparagraph 1. and placed conspicuously at all
62	places where entry to the property is normally expected or known
63	to occur.
64	Section 2.  For the purpose of incorporating the amendment
65	made by this act to section 810.011, Florida Statutes, in a
66	reference thereto, subsection (5) of section 260.0125, Florida
67	Statutes, is reenacted to read:
68	260.0125  Limitation on liability of private landowners
69	whose property is designated as part of the statewide system of
70	greenways and trails.-
71	(5)(a)  When a private landowner agrees to make his or her
72	land available for public use as a designated greenway or trail,
73	the department or its designee shall post notices along the
74	boundary of the designated greenway or trail which inform the
75	public that the land adjacent to the greenway or trail is
76	private property upon which unauthorized entry for any purpose
77	is prohibited and constitutes trespassing.
78	(b)  Such notices must comply with s. 810.011(5) and shall
79	constitute a warning to unauthorized persons to remain off the
80	private property and not to depart from the designated greenway
81	or trail. Any person who commits such an unauthorized entry
82	commits a trespass as provided in s. 810.09.
83	Section 3.  For the purpose of incorporating the amendment
84	made by this act to section 810.011, Florida Statutes, in a
85	reference thereto, paragraph (d) of subsection (2) of section
86	810.09, Florida Statutes, is reenacted to read:
87	810.09  Trespass on property other than structure or
88	conveyance.-
89	(2)
90	(d)  The offender commits a felony of the third degree,
91	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
92	if the property trespassed is a construction site that is:
93	1.  Greater than 1 acre in area and is legally posted and
94	identified in substantially the following manner: "THIS AREA IS
95	A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON
96	THIS PROPERTY COMMITS A FELONY."; or
97	2.  One acre or less in area and is identified as such with
98	a sign that appears prominently, in letters of not less than 2
99	inches in height, and reads in substantially the following
100	manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE
101	WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." The sign
102	shall be placed at the location on the property where the
103	permits for construction are located. For construction sites of
104	1 acre or less as provided in this subparagraph, it shall not be
105	necessary to give notice by posting as defined in s. 810.011(5).
106	Section 4.  This act shall take effect July 1, 2012.

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