Florida Senate - 2025                      CS for CS for SB 1828
       
       
        
       By the Committees on Judiciary; and Criminal Justice; and
       Senator Martin
       
       
       
       
       590-03179-25                                          20251828c2
    1                        A bill to be entitled                      
    2         An act relating to trespass; amending s. 810.09, F.S.;
    3         providing enhanced criminal penalties for trespassing
    4         on property maintained or secured by federal, state,
    5         or local law enforcement officers if specified notice
    6         is posted; amending s. 871.05, F.S.; prohibiting a
    7         person from willfully entering or remaining in a venue
    8         during a ticketed covered event without being
    9         authorized, licensed, or invited to enter or remain in
   10         such venue; providing criminal penalties; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (k) is added to subsection (2) of
   16  section 810.09, Florida Statutes, to read:
   17         810.09 Trespass on property other than structure or
   18  conveyance.—
   19         (2) Except as provided in this subsection, trespass on
   20  property other than a structure or conveyance is a misdemeanor
   21  of the first degree, punishable as provided in s. 775.082 or s.
   22  775.083.
   23         (k) The offender commits a felony of the third degree,
   24  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   25  if the property trespassed upon is an area being maintained or
   26  secured by federal, state, or local law enforcement officers
   27  which is legally posted and identified in substantially the
   28  following manner: “THIS AREA IS A DESIGNATED RESTRICTED SITE
   29  SECURED BY LAW ENFORCEMENT, AND ANYONE WHO TRESPASSES ON THIS
   30  PROPERTY COMMITS A FELONY.
   31         Section 2. Section 871.05, Florida Statutes, is amended to
   32  read:
   33         871.05 Interference with a sporting or entertainment
   34  event.—
   35         (1) As used in this section, the term:
   36         (a) “Covered event” means an athletic competition or
   37  practice, including one conducted in a public venue, or a live
   38  artistic, theatrical, or other entertainment performance event.
   39  The duration of such event includes the period from the time
   40  when a venue is held open to the public for such an event until
   41  the end of the athletic competition or performance event.
   42         (b) “Covered participant” means an umpire, officiating crew
   43  member, player, coach, manager, groundskeeper, or any artistic,
   44  theatrical, or other performer or sanctioned participant in a
   45  covered event. The term includes event operations and security
   46  employees working at a covered event.
   47         (c) “Restricted area” means any area designated for use by
   48  players, coaches, officials, performers, or other personnel
   49  administering a covered event that is on, or adjacent to, the
   50  area of play or performance.
   51         (2) A person may not:
   52         (a) Intentionally touch or strike a covered participant
   53  during a covered event against the will of the covered
   54  participant, or intentionally cause bodily harm to a covered
   55  participant during a covered event; or
   56         (b) Willfully enter or remain in a restricted area during a
   57  covered event without being authorized, licensed, or invited to
   58  enter or remain in such a restricted area; or
   59         (c) Willfully enter or remain in a venue during a ticketed
   60  covered event wherein attendance exceeds 5,000 persons, without
   61  being authorized, licensed, or invited to enter or remain in
   62  such venue.
   63         (3) A person who:
   64         (a) Violates paragraph (2)(a) or paragraph (2)(b)
   65  subsection (2) commits a misdemeanor of the first degree,
   66  punishable as provided in s. 775.082 or by a fine of not more
   67  than $2,500.
   68         (b) Violates paragraph (2)(c) commits a felony of the third
   69  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   70  775.084.
   71         (c) Solicits another person to violate subsection (2) by
   72  offering money or any other thing of value to another to engage
   73  in specific conduct that constitutes such a violation commits a
   74  felony of the third degree, punishable as provided in s.
   75  775.082, s. 775.083, or s. 775.084.
   76         (4) A person convicted of a violation of this section may
   77  not realize any profit or benefit, directly or indirectly, from
   78  committing such a violation. Any profit or benefit payable to or
   79  accruing to a person convicted of a violation of this section is
   80  subject to seizure and forfeiture as provided in the Florida
   81  Contraband Forfeiture Act.
   82         Section 3. This act shall take effect October 1, 2025.