Florida Senate - 2018                                    SB 1094
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-00857-18                                            20181094__
    1                        A bill to be entitled                      
    2         An act relating to trespass on airport property;
    3         amending s. 810.09, F.S.; providing enhanced criminal
    4         penalties for a trespass upon the operational area of
    5         an airport with specified intent if specified signage
    6         is posted; defining the term “operational area of an
    7         airport”; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (j) is added to subsection (2) of
   12  section 810.09, Florida Statutes, and paragraph (a) of
   13  subsection (1) of that section is republished, to read:
   14         810.09 Trespass on property other than structure or
   15  conveyance.—
   16         (1)(a) A person who, without being authorized, licensed, or
   17  invited, willfully enters upon or remains in any property other
   18  than a structure or conveyance:
   19         1. As to which notice against entering or remaining is
   20  given, either by actual communication to the offender or by
   21  posting, fencing, or cultivation as described in s. 810.011; or
   22         2. If the property is the unenclosed curtilage of a
   23  dwelling and the offender enters or remains with the intent to
   24  commit an offense thereon, other than the offense of trespass,
   25  
   26  commits the offense of trespass on property other than a
   27  structure or conveyance.
   28         (2)
   29         (j)1. The offender commits a felony of the third degree,
   30  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   31  if the offender trespasses with the intent to injure another
   32  person, damage property, or impede the operation or use of an
   33  aircraft, runway, taxiway, ramp, or apron area, and the property
   34  trespassed upon is the operational area of an airport that is
   35  legally posted and identified in substantially the following
   36  manner: “THIS AREA IS A DESIGNATED OPERATIONAL AREA OF AN
   37  AIRPORT AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A
   38  FELONY.”
   39         2. For purposes of this paragraph, the term “operational
   40  area of an airport” means any portion of an airport to which
   41  access by the public is prohibited by fences or appropriate
   42  signs, and includes runways, taxiways, ramps, apron areas,
   43  aircraft parking and storage areas, fuel storage areas,
   44  maintenance areas, and any other area of an airport used or
   45  intended to be used for landing, takeoff, or surface maneuvering
   46  of aircraft.
   47         Section 2. This act shall take effect October 1, 2018.