HB 337

1
A bill to be entitled
2An act relating to trespass; creating s. 810.091, F.S.;
3prohibiting trespass on the grounds or structure of a
4domestic violence shelter; providing definitions;
5providing penalties; providing an effective date.
6
7     WHEREAS, in situations involving domestic violence, victims
8of abuse may require a safe place to live away from their
9abuser, and
10     WHEREAS, domestic violence shelters have been established
11in communities as safe havens for victims away from their
12abusers, and
13     WHEREAS, it is the intent of the Legislature that victims
14be safe in such shelters without fear of harm from those that
15have abused them, and
16     WHEREAS, there have been instances of abusers trespassing
17upon the grounds or structures of domestic violence shelters for
18the purposes of harassing, intimidating, threatening, or harming
19victims of domestic violence, and
20     WHEREAS, the penalty for trespass upon such structures or
21property is only a misdemeanor offense, which provides neither
22sufficient deterrent effect nor sufficient punishment for such
23trespass, NOW, THEREFORE,
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Section 810.091, Florida Statutes, is created
28to read:
29     810.091  Trespass on domestic violence shelter property.--
30     (1)  Any person who does not have legitimate business or
31any authorization, license, or invitation to enter or remain
32upon the grounds or structure of a domestic violence shelter and
33who enters or remains upon the grounds or structure of such a
34shelter commits a trespass upon the grounds or structure of a
35domestic violence shelter and commits a felony of the third
36degree, punishable as provided in s. 775.082, s. 775.083, or s.
37775.084.
38     (2)  For purposes of this section, the term:
39     (a)  "Domestic violence shelter" means a facility whose
40purpose is to serve as a shelter to receive and house persons
41who are victims of domestic violence and that serves as such a
42shelter.
43     (b) "Grounds" means the real property of the parcel of land
44upon which a domestic violence shelter is located, whether
45fenced or unfenced.
46     Section 2.  This act shall take effect January 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.