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.