| 1 | A bill to be entitled |
| 2 | An act relating to trespass; creating s. 810.091, F.S.; |
| 3 | prohibiting trespass on the grounds or structure of a |
| 4 | domestic violence shelter; providing definitions; |
| 5 | providing penalties; providing an effective date. |
| 6 |
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| 7 | WHEREAS, in situations involving domestic violence, victims |
| 8 | of abuse may require a safe place to live away from their |
| 9 | abuser, and |
| 10 | WHEREAS, domestic violence shelters have been established |
| 11 | in communities as safe havens for victims away from their |
| 12 | abusers, and |
| 13 | WHEREAS, it is the intent of the Legislature that victims |
| 14 | be safe in such shelters without fear of harm from those that |
| 15 | have abused them, and |
| 16 | WHEREAS, there have been instances of abusers trespassing |
| 17 | upon the grounds or structures of domestic violence shelters for |
| 18 | the purposes of harassing, intimidating, threatening, or harming |
| 19 | victims of domestic violence, and |
| 20 | WHEREAS, the penalty for trespass upon such structures or |
| 21 | property is only a misdemeanor offense, which provides neither |
| 22 | sufficient deterrent effect nor sufficient punishment for such |
| 23 | trespass, NOW, THEREFORE, |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Section 810.091, Florida Statutes, is created |
| 28 | to read: |
| 29 | 810.091 Trespass on domestic violence shelter property.-- |
| 30 | (1) Any person who does not have legitimate business or |
| 31 | any authorization, license, or invitation to enter or remain |
| 32 | upon the grounds or structure of a domestic violence shelter and |
| 33 | who enters or remains upon the grounds or structure of such a |
| 34 | shelter commits a trespass upon the grounds or structure of a |
| 35 | domestic violence shelter and commits a felony of the third |
| 36 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 37 | 775.084. |
| 38 | (2) For purposes of this section, the term: |
| 39 | (a) "Domestic violence shelter" means a facility whose |
| 40 | purpose is to serve as a shelter to receive and house persons |
| 41 | who are victims of domestic violence and that serves as such a |
| 42 | shelter. |
| 43 | (b) "Grounds" means the real property of the parcel of land |
| 44 | upon which a domestic violence shelter is located, whether |
| 45 | fenced or unfenced. |
| 46 | Section 2. This act shall take effect January 1, 2007. |