Florida Senate - 2013                                    SB 1426
       
       
       
       By Senator Simmons
       
       
       
       
       10-00748B-13                                          20131426__
    1                        A bill to be entitled                      
    2         An act relating to trespassing; amending s. 810.011,
    3         F.S.; providing that property owned or leased by a
    4         railroad or railway company does not have to satisfy
    5         the definition of “posted land” in order to obtain the
    6         benefits of ss. 810.09 and 810.12, F.S., in certain
    7         circumstances; reenacting ss. 260.0125(5)(b) and
    8         810.09(2)(d), F.S., relating to limitation of
    9         liability of private landowners whose property is
   10         designated as part of the statewide system of
   11         greenways and trails and trespass on property other
   12         than structure or conveyance, respectively, for the
   13         purpose of incorporating the amendment to s. 810.011,
   14         F.S., in a reference thereto; providing an effective
   15         date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (5) of section 810.011, Florida
   20  Statutes, is amended to read:
   21         810.011 Definitions.—As used in this chapter:
   22         (5)(a) “Posted land” is that land upon which:
   23         1. Signs are placed not more than 500 feet apart along, and
   24  at each corner of, the boundaries of the land, upon which signs
   25  there appears prominently, in letters of not less than 2 inches
   26  in height, the words “no trespassing” and in addition thereto
   27  the name of the owner, lessee, or occupant of the said land. The
   28  Said signs shall be placed along the boundary line of posted
   29  land in a manner and in such position as to be clearly
   30  noticeable from outside the boundary line; or
   31         2.a. Conspicuous no trespassing notice is painted on trees
   32  or posts on the property, provided that the notice is:
   33         (I) Painted in an international orange color and displaying
   34  the stenciled words “No Trespassing” in letters no less than 2
   35  inches high and 1 inch wide either vertically or horizontally;
   36         (II) Placed so that the bottom of the painted notice is not
   37  less than 3 feet from the ground or more than 5 feet from the
   38  ground; and
   39         (III) Placed at locations that are readily visible to a any
   40  person approaching the property and no more than 500 feet apart
   41  on agricultural land.
   42         b. Beginning October 1, 2013 October 1, 2007, if when a
   43  landowner uses the painted no trespassing posting to identify a
   44  “no trespassing” area, those painted notices shall be
   45  accompanied by signs complying with subparagraph 1. and placed
   46  conspicuously at all places where entry to the property is
   47  normally expected or known to occur.
   48         (b) It is shall not be necessary to give notice by posting
   49  on any enclosed land or place not exceeding 5 acres in area on
   50  which there is a dwelling house in order for to obtain the
   51  benefits of ss. 810.09 and 810.12 pertaining to trespass on
   52  enclosed lands to apply.
   53         (c) Notwithstanding paragraph (a), if a person is engaged
   54  in an unlawful activity and enters upon stationary rails or
   55  roadbeds that are owned or leased by a railroad or railway
   56  company, and such rails or roadbeds are readily recognizable to
   57  a reasonable person as being the property of a railroad or
   58  railway company or identified by conspicuous fencing or signs
   59  indicating that the property is owned or leased by a railroad or
   60  railway company, then ss. 810.09 and 810.12 shall apply,
   61  irrespective of any failure to give notice by posting.
   62         Section 2. For the purpose of incorporating the amendment
   63  made by this act to section 810.011, Florida Statutes, in a
   64  reference thereto, paragraph (b) of subsection (5) of section
   65  260.0125, Florida Statutes, is reenacted to read:
   66         260.0125 Limitation on liability of private landowners
   67  whose property is designated as part of the statewide system of
   68  greenways and trails.—
   69         (5)
   70         (b) Such notices must comply with s. 810.011(5) and shall
   71  constitute a warning to unauthorized persons to remain off the
   72  private property and not to depart from the designated greenway
   73  or trail. Any person who commits such an unauthorized entry
   74  commits a trespass as provided in s. 810.09.
   75         Section 3. For the purpose of incorporating the amendment
   76  made by this act to section 810.011, Florida Statutes, in a
   77  reference thereto, paragraph (d) of subsection (2) of section
   78  810.09, Florida Statutes, is reenacted to read:
   79         810.09 Trespass on property other than structure or
   80  conveyance.—
   81         (2)
   82         (d) The offender commits a felony of the third degree,
   83  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   84  if the property trespassed is a construction site that is:
   85         1. Greater than 1 acre in area and is legally posted and
   86  identified in substantially the following manner: “THIS AREA IS
   87  A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON
   88  THIS PROPERTY COMMITS A FELONY.”; or
   89         2. One acre or less in area and is identified as such with
   90  a sign that appears prominently, in letters of not less than 2
   91  inches in height, and reads in substantially the following
   92  manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE
   93  WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” The sign
   94  shall be placed at the location on the property where the
   95  permits for construction are located. For construction sites of
   96  1 acre or less as provided in this subparagraph, it shall not be
   97  necessary to give notice by posting as defined in s. 810.011(5).
   98         Section 4. This act shall take effect July 1, 2013.