Senate Bill 0786c1

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    Florida Senate - 1998                            CS for SB 786

    By the Committee on Criminal Justice and Senator Gutman





    307-1687-98

  1                      A bill to be entitled

  2         An act relating to the offense of trespass;

  3         amending s. 810.08, F.S.; providing an enhanced

  4         penalty for trespass in a structure or

  5         conveyance if the offender commits an assault

  6         or battery upon any person in the structure or

  7         conveyance; amending s. 921.0022, F.S.;

  8         providing for a level-4 rank in the offense

  9         severity ranking chart of the Criminal

10         Punishment Code; providing an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Section 810.08, Florida Statutes, is

15  amended to read:

16         810.08  Trespass in structure or conveyance.--

17         (1)  Whoever, without being authorized, licensed, or

18  invited, willfully enters or remains in any structure or

19  conveyance, or, having been authorized, licensed, or invited,

20  is warned by the owner or lessee of the premises, or by a

21  person authorized by the owner or lessee, to depart and

22  refuses to do so, commits the offense of trespass in a

23  structure or conveyance.

24         (2)(a)  Except as otherwise provided in this

25  subsection, trespass in a structure or conveyance is a

26  misdemeanor of the second degree, punishable as provided in s.

27  775.082 or s. 775.083.

28         (b)  If there is a human being in the structure or

29  conveyance at the time the offender trespassed, attempted to

30  trespass, or was in the structure or conveyance, the trespass

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    Florida Senate - 1998                            CS for SB 786
    307-1687-98




  1  in a structure or conveyance is a misdemeanor of the first

  2  degree, punishable as provided in s. 775.082 or s. 775.083.

  3         (c)  If the offender is armed with a firearm or other

  4  dangerous weapon, or arms himself or herself with such while

  5  in the structure or conveyance, or commits an assault or

  6  battery upon any person in the structure or conveyance, the

  7  trespass in a structure or conveyance is a felony of the third

  8  degree, punishable as provided in s. 775.082, s. 775.083, or

  9  s. 775.084.  Any owner or person authorized by the owner may,

10  for prosecution purposes, take into custody and detain, in a

11  reasonable manner, for a reasonable length of time, any person

12  when he or she reasonably believes that a violation of this

13  paragraph has been or is being committed, and he or she

14  reasonably believes that the person to be taken into custody

15  and detained has committed or is committing such violation.

16  In the event a person is taken into custody, a law enforcement

17  officer shall be called as soon as is practicable after the

18  person has been taken into custody.  The taking into custody

19  and detention by such person, if done in compliance with the

20  requirements of this paragraph, shall not render such person

21  criminally or civilly liable for false arrest, false

22  imprisonment, or unlawful detention.

23         Section 2.  Paragraph (d) of subsection (3) of section

24  921.0022, Florida Statutes, is amended to read:

25         921.0022  Criminal Punishment Code; offense severity

26  ranking chart.--

27         (3)  OFFENSE SEVERITY RANKING CHART

28

29  Florida           Felony

30  Statute           Degree             Description

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    Florida Senate - 1998                            CS for SB 786
    307-1687-98




  1

  2                              (d)  LEVEL 4

  3  316.1935(2)        3rd      Fleeing or attempting to elude

  4                              law enforcement officer resulting

  5                              in high-speed pursuit.

  6  784.07(2)(b)       3rd      Battery of law enforcement

  7                              officer, firefighter, intake

  8                              officer, etc.

  9  784.075            3rd      Battery on detention or

10                              commitment facility staff.

11  784.08(2)(c)       3rd      Battery on a person 65 years of

12                              age or older.

13  784.081(3)         3rd      Battery on specified official or

14                              employee.

15  784.082(3)         3rd      Battery by detained person on

16                              visitor or other detainee.

17  787.03(1)          3rd      Interference with custody;

18                              wrongly takes child from

19                              appointed guardian.

20  787.04(2)          3rd      Take, entice, or remove child

21                              beyond state limits with criminal

22                              intent pending custody

23                              proceedings.

24  787.04(3)          3rd      Carrying child beyond state lines

25                              with criminal intent to avoid

26                              producing child at custody

27                              hearing or delivering to

28                              designated person.

29  790.115(1)         3rd      Exhibiting firearm or weapon

30                              within 1,000 feet of a school.

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    Florida Senate - 1998                            CS for SB 786
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  1  790.115(2)(b)      3rd      Possessing electric weapon or

  2                              device, destructive device, or

  3                              other weapon on school property.

  4  790.115(2)(c)      3rd      Possessing firearm on school

  5                              property.

  6  810.02(4)(a)       3rd      Burglary, or attempted burglary,

  7                              of an unoccupied structure;

  8                              unarmed; no assault or battery.

  9  810.02(4)(b)       3rd      Burglary, or attempted burglary,

10                              of an unoccupied conveyance;

11                              unarmed; no assault or battery.

12  810.06             3rd      Burglary; possession of tools.

13  810.08(2)(c)       3rd      Trespass on property, armed with

14                              firearm or dangerous weapon.

15  810.08(2)(c)       3rd      Trespass on property with assault

16                              or battery committed therein.

17  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

18                              or more but less than $20,000.

19  812.014

20   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

21                              firearm, motor vehicle,

22                              livestock, etc.

23  817.563(1)         3rd      Sell or deliver substance other

24                              than controlled substance agreed

25                              upon, excluding s. 893.03(5)

26                              drugs.

27  828.125(1)         2nd      Kill, maim, or cause great bodily

28                              harm or permanent breeding

29                              disability to any registered

30                              horse or cattle.

31  837.02(1)          3rd      Perjury in official proceedings.

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    Florida Senate - 1998                            CS for SB 786
    307-1687-98




  1  837.021(1)         3rd      Make contradictory statements in

  2                              official proceedings.

  3  843.025            3rd      Deprive law enforcement,

  4                              correctional, or correctional

  5                              probation officer of means of

  6                              protection or communication.

  7  843.15(1)(a)       3rd      Failure to appear while on bail

  8                              for felony (bond estreature or

  9                              bond jumping).

10  874.05(1)          3rd      Encouraging or recruiting another

11                              to join a criminal street gang.

12  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

13                              893.03(1)(a), (b), or (d), or

14                              (2)(a) or (b) drugs).

15  914.14(2)          3rd      Witnesses accepting bribes.

16  914.22(1)          3rd      Force, threaten, etc., witness,

17                              victim, or informant.

18  914.23(2)          3rd      Retaliation against a witness,

19                              victim, or informant, no bodily

20                              injury.

21  918.12             3rd      Tampering with jurors.

22         Section 3.  This act shall take effect October 1, 1998.

23

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 786

26

27  The offense of trespass with an assault or battery would be
    ranked as a level 4 offense in the offense severity ranking
28  chart of the Criminal Punishment Code and would apply to such
    offender actions that occur on or after October 1, 1998.
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