Florida Senate - 2025                             CS for SB 1828
       
       
        
       By the Committee on Criminal Justice; and Senator Martin
       
       
       
       
       
       591-02840-25                                          20251828c1
    1                        A bill to be entitled                      
    2         An act relating to trespass; amending s. 810.09, F.S.;
    3         providing enhanced criminal penalties for trespassing
    4         on property maintained or secured by federal, state,
    5         or local law enforcement officers if specified notice
    6         is posted; amending s. 871.05, F.S.; defining the term
    7         “structure”; prohibiting a person from willfully
    8         entering or remaining in a structure during a certain
    9         ticketed covered event without being authorized,
   10         licensed, or invited to enter or remain in such
   11         structure; providing criminal penalties; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (k) is added to subsection (2) of
   17  section 810.09, Florida Statutes, to read:
   18         810.09 Trespass on property other than structure or
   19  conveyance.—
   20         (2) Except as provided in this subsection, trespass on
   21  property other than a structure or conveyance is a misdemeanor
   22  of the first degree, punishable as provided in s. 775.082 or s.
   23  775.083.
   24         (k) The offender commits a felony of the third degree,
   25  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   26  if the property trespassed upon is an area being maintained or
   27  secured by federal, state, or local law enforcement officers
   28  which is legally posted and identified in substantially the
   29  following manner: “THIS AREA IS A DESIGNATED RESTRICTED SITE
   30  SECURED BY LAW ENFORCEMENT, AND ANYONE WHO TRESPASSES ON THIS
   31  PROPERTY COMMITS A FELONY.
   32         Section 2. Section 871.05, Florida Statutes, is amended to
   33  read:
   34         871.05 Interference with a sporting or entertainment
   35  event.—
   36         (1) As used in this section, the term:
   37         (a) “Covered event” means an athletic competition or
   38  practice, including one conducted in a public venue, or a live
   39  artistic, theatrical, or other entertainment performance event.
   40  The duration of such event includes the period from the time
   41  when a venue is held open to the public for such an event until
   42  the end of the athletic competition or performance event.
   43         (b) “Covered participant” means an umpire, officiating crew
   44  member, player, coach, manager, groundskeeper, or any artistic,
   45  theatrical, or other performer or sanctioned participant in a
   46  covered event. The term includes event operations and security
   47  employees working at a covered event.
   48         (c) “Restricted area” means any area designated for use by
   49  players, coaches, officials, performers, or other personnel
   50  administering a covered event that is on, or adjacent to, the
   51  area of play or performance.
   52         (d) “Structure” has the same meaning as in s. 810.011.
   53         (2) A person may not:
   54         (a) Intentionally touch or strike a covered participant
   55  during a covered event against the will of the covered
   56  participant, or intentionally cause bodily harm to a covered
   57  participant during a covered event; or
   58         (b) Willfully enter or remain in a restricted area during a
   59  covered event without being authorized, licensed, or invited to
   60  enter or remain in such a restricted area.
   61         (c) Willfully enter or remain in a structure during a
   62  ticketed covered event wherein attendance exceeds 5,000 persons,
   63  without being authorized, licensed, or invited to enter or
   64  remain in such structure.
   65         (3) A person who:
   66         (a) Violates paragraph (2)(a) or paragraph (2)(b)
   67  subsection (2) commits a misdemeanor of the first degree,
   68  punishable as provided in s. 775.082 or by a fine of not more
   69  than $2,500.
   70         (b) Violates paragraph (2)(c) commits a felony of the third
   71  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   72  775.084.
   73         (c) Solicits another person to violate subsection (2) by
   74  offering money or any other thing of value to another to engage
   75  in specific conduct that constitutes such a violation commits a
   76  felony of the third degree, punishable as provided in s.
   77  775.082, s. 775.083, or s. 775.084.
   78         (4) A person convicted of a violation of this section may
   79  not realize any profit or benefit, directly or indirectly, from
   80  committing such a violation. Any profit or benefit payable to or
   81  accruing to a person convicted of a violation of this section is
   82  subject to seizure and forfeiture as provided in the Florida
   83  Contraband Forfeiture Act.
   84         Section 3. This act shall take effect October 1, 2025.