Senate Bill sb0320

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                   SB 320

    By Senator King





    8-333-07                                                See HB

  1                      A bill to be entitled

  2         An act relating to trespass; amending s.

  3         810.011, F.S.; providing that property that is

  4         owned or leased by a railroad or railway

  5         company does not have to satisfy the definition

  6         of "posted land" in order to obtain the

  7         benefits of ss. 810.09 and 810.12, F.S., in

  8         certain circumstances; reenacting s.

  9         810.09(1)(a), F.S., relating to trespass on

10         property other than structure or conveyance,

11         for the purpose of incorporating the amendment

12         to s. 810.011, F.S., in a reference thereto;

13         providing an effective date.

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

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17         Section 1.  Subsection (5) of section 810.011, Florida

18  Statutes, is amended to read:

19         810.011  Definitions.--As used in this chapter:

20         (5)(a)  "Posted land" is that land upon which signs are

21  placed not more than 500 feet apart along, and at each corner

22  of, the boundaries of the land, upon which signs there appears

23  prominently, in letters of not less than 2 inches in height,

24  the words "no trespassing" and in addition thereto the name of

25  the owner, lessee, or occupant of said land. Said signs shall

26  be placed along the boundary line of posted land in a manner

27  and in such position as to be clearly noticeable from outside

28  the boundary line.

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

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

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

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






    Florida Senate - 2007                                   SB 320
    8-333-07                                                See HB




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

 2  enclosed lands.

 3         (c)  In order to obtain the benefits of ss. 810.09 and

 4  810.12 pertaining to trespass on enclosed and posted land, it

 5  shall not be necessary to give notice by posting as required

 6  in paragraph (a) on any stationary rails or roadbeds that are

 7  owned or leased by a railroad or railway company and that are:

 8         1.  Readily recognizable to a reasonable person as

 9  being the property of a railroad or railway company; or

10         2.  Identified by conspicuous fencing or signs

11  indicating that the property is owned or leased by a railroad

12  or railway company.

13         Section 2.  For the purpose of incorporating the

14  amendment made by this act to section 810.011, Florida

15  Statutes, in a reference thereto, paragraph (a) of subsection

16  (1) of section 810.09, Florida Statutes, is reenacted to read:

17         810.09  Trespass on property other than structure or

18  conveyance.--

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

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

21  property other than a structure or conveyance:

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

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

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

25  or

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

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

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

29  

30  commits the offense of trespass on property other than a

31  structure or conveyance.

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






    Florida Senate - 2007                                   SB 320
    8-333-07                                                See HB




 1         Section 3.  This act shall take effect October 1, 2007.

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