Florida Senate - 2012                                     SB 132
       
       
       
       By Senator Thrasher
       
       
       
       
       8-00117-12                                             2012132__
    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 ss. 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, and
   25  at each corner of, the boundaries of the land, upon which signs
   26  there appears prominently, in letters of not less than 2 inches
   27  in height, the words “no trespassing” and in addition thereto
   28  the name of the owner, lessee, or occupant of the said land. The
   29  Said signs shall be placed along the boundary line of posted
   30  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 displaying
   35  the stenciled words “No Trespassing” in letters no less than 2
   36  inches high and 1 inch wide either vertically or horizontally;
   37         (II) Placed so that the bottom of the painted notice is not
   38  less than 3 feet from the ground or more than 5 feet from the
   39  ground; and
   40         (III) Placed at locations that are readily visible to any
   41  person approaching the property and no more than 500 feet apart
   42  on agricultural land.
   43         b. Beginning October 1, 2007, When a landowner uses the
   44  painted no trespassing posting to identify a “no trespassing”
   45  area, those painted notices shall be accompanied by signs
   46  complying with subparagraph 1. and placed conspicuously at all
   47  places where entry to the property is normally expected or known
   48  to occur.
   49         3.a. Identifying purple paint marks are placed on trees or
   50  posts on the property, provided that each mark is:
   51         (I) A vertical line of not less than 8 inches in length and
   52  not less than 1 inch in width;
   53         (II) Placed so that the bottom of the mark is not less than
   54  3 feet from the ground or more than 5 feet from the ground; and
   55         (III) Placed so that each mark is readily visible to any
   56  person approaching the property and no more than 100 feet apart.
   57         b. When a landowner uses purple paint marks to identify a
   58  “no trespassing” area, those marks shall be accompanied by signs
   59  complying with subparagraph 1. and placed conspicuously at all
   60  places where entry to the property is normally expected or known
   61  to occur.
   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, subsection (5) of section 260.0125, Florida
   65  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)(a) When a private landowner agrees to make his or her
   70  land available for public use as a designated greenway or trail,
   71  the department or its designee shall post notices along the
   72  boundary of the designated greenway or trail which inform the
   73  public that the land adjacent to the greenway or trail is
   74  private property upon which unauthorized entry for any purpose
   75  is prohibited and constitutes trespassing.
   76         (b) Such notices must comply with s. 810.011(5) and shall
   77  constitute a warning to unauthorized persons to remain off the
   78  private property and not to depart from the designated greenway
   79  or trail. Any person who commits such an unauthorized entry
   80  commits a trespass as provided in s. 810.09.
   81         Section 3. For the purpose of incorporating the amendment
   82  made by this act to section 810.011, Florida Statutes, in a
   83  reference thereto, paragraph (d) of subsection (2) of section
   84  810.09, Florida Statutes, is reenacted to read:
   85         810.09 Trespass on property other than structure or
   86  conveyance.—
   87         (2)
   88         (d) The offender commits a felony of the third degree,
   89  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   90  if the property trespassed is a construction site that is:
   91         1. Greater than 1 acre in area and is legally posted and
   92  identified in substantially the following manner: “THIS AREA IS
   93  A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON
   94  THIS PROPERTY COMMITS A FELONY.”; or
   95         2. One acre or less in area and is identified as such with
   96  a sign that appears prominently, in letters of not less than 2
   97  inches in height, and reads in substantially the following
   98  manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE
   99  WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” The sign
  100  shall be placed at the location on the property where the
  101  permits for construction are located. For construction sites of
  102  1 acre or less as provided in this subparagraph, it shall not be
  103  necessary to give notice by posting as defined in s. 810.011(5).
  104         Section 4. This act shall take effect July 1, 2012.