Senate Bill sb1528

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    Florida Senate - 2001                                  SB 1528

    By Senators Geller, Mitchell, Bronson and Peaden





    29-1264-01                                              See HB

  1                      A bill to be entitled

  2         An act relating to damage or destruction of

  3         agricultural products; creating s. 604.60,

  4         F.S.; providing that certain agricultural

  5         growers or producers shall have a right to

  6         recover damages as a result of willful and

  7         knowing damage or destruction of specified

  8         agricultural field crops; providing

  9         considerations and limits in award of damages;

10         providing for costs and attorney's fees;

11         amending s. 810.09, F.S.; prohibiting trespass

12         upon specified legally posted agricultural

13         sites; providing a penalty; reenacting ss.

14         260.0125(5)(b) and 810.011(5)(b), F.S., to

15         incorporate the amendment to s. 810.09, F.S.,

16         in references thereto; providing an effective

17         date.

18

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

20

21         Section 1.  Section 604.60, Florida Statutes, is

22  created to read:

23         604.60 Damage or destruction of agricultural crops;

24  civil action.--

25         (1)  Any private or commercial agricultural grower or

26  producer who grows or produces any agricultural field crop for

27  personal or commerical purposes or for testing or research

28  purposes in a product development program conducted in

29  conjunction or coordination with a private research facility,

30  a university, or any federal, state, or local government

31  agency who suffers damages as a result of another person's

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    Florida Senate - 2001                                  SB 1528
    29-1264-01                                              See HB




  1  willful and knowing damage or destruction of any such

  2  agricultural field crop has a cause of action for damages

  3  equal to double the amount of the value of the crop damaged or

  4  destroyed and for any other relief a court of competent

  5  jurisdiction deems appropriate, including, but not limited to,

  6  compensatory and punitive damages.  In awarding damages under

  7  this section, the courts shall consider the market value of

  8  the crop prior to damage or destruction, and production,

  9  research, testing, replacement, and crop development costs

10  directly related to the crop that has been damaged or

11  destroyed as part of the value of the crop.  Damages available

12  under this section shall be limited to twice the market value

13  of the crop prior to damage or destruction plus twice the

14  actual damages involving production, research, testing,

15  replacement, and crop development costs directly related to

16  the crop that has been damaged or destroyed.  The prevailing

17  party in any action brought pursuant to this section is

18  entitled to an award of reasonable attorney's fees and court

19  costs.

20         Section 2.  Section 810.09, Florida Statutes, is

21  amended to read:

22         810.09  Trespass on property other than structure or

23  conveyance.--

24         (1)(a)  A person who, without being authorized,

25  licensed, or invited, willfully enters upon or remains in any

26  property other than a structure or conveyance:

27         1.  As to which notice against entering or remaining is

28  given, either by actual communication to the offender or by

29  posting, fencing, or cultivation as described in s. 810.011;

30  or

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    Florida Senate - 2001                                  SB 1528
    29-1264-01                                              See HB




  1         2.  If the property is the unenclosed curtilage of a

  2  dwelling and the offender enters or remains with the intent to

  3  commit an offense thereon, other than the offense of trespass,

  4

  5  commits the offense of trespass on property other than a

  6  structure or conveyance.

  7         (b)  As used in this section, the term "unenclosed

  8  curtilage" means the unenclosed land or grounds, and any

  9  outbuildings, that are directly and intimately adjacent to and

10  connected with the dwelling and necessary, convenient, and

11  habitually used in connection with that dwelling.

12         (2)(a)  Except as provided in this subsection, trespass

13  on property other than a structure or conveyance is a

14  misdemeanor of the first degree, punishable as provided in s.

15  775.082 or s. 775.083.

16         (b)  If the offender defies an order to leave,

17  personally communicated to the offender by the owner of the

18  premises or by an authorized person, or if the offender

19  willfully opens any door, fence, or gate or does any act that

20  exposes animals, crops, or other property to waste,

21  destruction, or freedom; unlawfully dumps litter on property;

22  or trespasses on property other than a structure or

23  conveyance, the offender commits a misdemeanor of the first

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

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

26  dangerous weapon during the commission of the offense of

27  trespass on property other than a structure or conveyance, he

28  or she is guilty of a felony of the third degree, punishable

29  as provided in s. 775.082, s. 775.083, or s. 775.084.  Any

30  owner or person authorized by the owner may, for prosecution

31  purposes, take into custody and detain, in a reasonable

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    Florida Senate - 2001                                  SB 1528
    29-1264-01                                              See HB




  1  manner, for a reasonable length of time, any person when he or

  2  she reasonably believes that a violation of this paragraph has

  3  been or is being committed, and that the person to be taken

  4  into custody and detained has committed or is committing such

  5  violation.  In the event a person is taken into custody, a law

  6  enforcement officer shall be called as soon as is practicable

  7  after the person has been taken into custody. The taking into

  8  custody and detention in compliance with the requirements of

  9  this paragraph does not result in criminal or civil liability

10  for false arrest, false imprisonment, or unlawful detention.

11         (d)  The offender commits a felony of the third degree,

12  punishable as provided in s. 775.082, s. 775.083, or s.

13  775.084, if the property trespassed is a construction site

14  that is legally posted and identified in substantially the

15  following manner: "THIS AREA IS A DESIGNATED CONSTRUCTION

16  SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A

17  FELONY."

18         (e)  The offender commits a felony of the third degree,

19  punishable as provided in s. 775.082, s. 775.083, or s.

20  775.084, if the property trespassed upon is commercial

21  horticulture property and the property is legally posted and

22  identified in substantially the following manner: "THIS AREA

23  IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS,

24  AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

25         (f)  The offender commits a felony of the third degree,

26  punishable as provided in s. 775.082, s. 775.083, or s.

27  775.084, if the property trespassed upon is an agricultural

28  site for testing or research purposes as described in s.

29  604.60 that is legally posted and identified in substantially

30  the following manner:  "THIS AREA IS A DESIGNATED AGRICULTURAL

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    Florida Senate - 2001                                  SB 1528
    29-1264-01                                              See HB




  1  SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE WHO

  2  TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

  3         (g)(f)  Any person who in taking or attempting to take

  4  any animal described in s. 372.001(3) or (4), or in killing,

  5  attempting to kill, or endangering any animal described in s.

  6  585.01(13) knowingly propels or causes to be propelled any

  7  potentially lethal projectile over or across private land

  8  without authorization commits trespass, a felony of the third

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

10  s. 775.084.  For purposes of this paragraph, the term

11  "potentially lethal projectile" includes any projectile

12  launched from any firearm, bow, crossbow, or similar tensile

13  device.  This section shall not apply to any governmental

14  agent or employee acting within the scope of his or her

15  official duties.

16         (3)  As used in this section, the term "authorized

17  person" or "person authorized" means any owner, or his or her

18  agent, or any law enforcement officer whose department has

19  received written authorization from the owner, or his or her

20  agent, to communicate an order to leave the property in the

21  case of a threat to public safety or welfare.

22         Section 3.  For the purpose of incorporating the

23  amendment to section 810.09, Florida Statutes, in references

24  thereto, paragraph (b) of subsection (5) of section 260.0125,

25  Florida Statutes, and paragraph (b) of subsection (5) of

26  section 810.011, Florida Statutes, are reenacted to read:

27         260.0125  Limitation on liability of private landowners

28  whose property is designated as part of the statewide system

29  of greenways and trails.--

30         (5)

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    Florida Senate - 2001                                  SB 1528
    29-1264-01                                              See HB




  1         (b)  Such notices must comply with s. 810.011(5) and

  2  shall constitute a warning to unauthorized persons to remain

  3  off the private property and not to depart from the designated

  4  greenway or trail. Any person who commits such an unauthorized

  5  entry commits a trespass as provided in s. 810.09.

  6         810.011  Definitions.--As used in this chapter:

  7         (5)

  8         (b)  It shall not be necessary to give notice by

  9  posting on any enclosed land or place not exceeding 5 acres in

10  area on which there is a dwelling house in order to obtain the

11  benefits of ss. 810.09 and 810.12 pertaining to trespass on

12  enclosed lands.

13         Section 4.  This act shall take effect upon becoming a

14  law.

15

16            *****************************************

17                       LEGISLATIVE SUMMARY

18
      Provides that any private or commercial agricultural
19    grower or producer who grows or produces any agricultural
      field crop for personal or commercial purposes or for
20    testing or research purposes in a product development
      program conducted in conjunction or coordination with a
21    private research facility, a university, or any federal,
      state, or local government agency who suffers damages as
22    a result of another person's willful and knowing damage
      or destruction of such crop may bring an action for
23    damages for twice the value of the crop damaged or
      destroyed.  Provides considerations and limits in award
24    of damages. Provides for costs and attorney's fees.

25
      Provides that trespass upon agricultural sites legally
26    posted and identified as being used for research and
      testing purposes is a third-degree felony.
27

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