The Florida Senate
2010 Florida Statutes (including Special Session A)
| Title XLVI CRIMES |
Chapter 810 BURGLARY AND TRESPASS |
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CHAPTER 810
BURGLARY AND TRESPASS
810.011 Definitions.
810.015 Legislative findings and intent; burglary.
810.02 Burglary.
810.06 Possession of burglary tools.
810.061 Impairing or impeding telephone or power to a dwelling;
facilitating or furthering a burglary; penalty.
facilitating or furthering a burglary; penalty.
810.07 Prima facie evidence of intent.
810.08 Trespass in structure or conveyance.
810.09 Trespass on property other than structure or
conveyance.
conveyance.
810.095 Trespass on school property with firearm or other weapon
prohibited.
prohibited.
810.097 Trespass upon grounds or facilities of a school; penalties;
arrest.
arrest.
810.0975 School safety zones; definition; trespass prohibited;
penalty.
penalty.
810.10 Posted land; removing notices unlawful; penalty.
810.11 Placing signs adjacent to highways; penalty.
810.115 Breaking or injuring fences.
810.12 Unauthorized entry on land; prima facie evidence of
trespass.
trespass.
810.125 Injury to certain trespassers on agricultural land; recovery
limited.
limited.
810.13 Cave vandalism and related offenses.
810.14 Voyeurism prohibited; penalties.
810.145 Video voyeurism.
810.011 Definitions.—As used in this chapter:
(1) “Structure” means a building of any kind, either
temporary or permanent, which has a roof over it, together with the curtilage
thereof. However, during the time of a state of emergency declared by executive
order or proclamation of the Governor under chapter 252 and within the area
covered by such executive order or proclamation and for purposes of ss. 810.02
and 810.08 only, the term means a building of any kind or such portions or
remnants thereof as exist at the original site, regardless of absence of a wall
or roof.
temporary or permanent, which has a roof over it, together with the curtilage
thereof. However, during the time of a state of emergency declared by executive
order or proclamation of the Governor under chapter 252 and within the area
covered by such executive order or proclamation and for purposes of ss. 810.02
and 810.08 only, the term means a building of any kind or such portions or
remnants thereof as exist at the original site, regardless of absence of a wall
or roof.
(2) “Dwelling” means a building or conveyance of any
kind, including any attached porch, whether such building or conveyance is
temporary or permanent, mobile or immobile, which has a roof over it and is
designed to be occupied by people lodging therein at night, together with the
curtilage thereof. However, during the time of a state of emergency declared by
executive order or proclamation of the Governor under chapter 252 and within the
area covered by such executive order or proclamation and for purposes of ss.
810.02 and 810.08 only, the term includes such portions or remnants thereof as
exist at the original site, regardless of absence of a wall or
roof.
kind, including any attached porch, whether such building or conveyance is
temporary or permanent, mobile or immobile, which has a roof over it and is
designed to be occupied by people lodging therein at night, together with the
curtilage thereof. However, during the time of a state of emergency declared by
executive order or proclamation of the Governor under chapter 252 and within the
area covered by such executive order or proclamation and for purposes of ss.
810.02 and 810.08 only, the term includes such portions or remnants thereof as
exist at the original site, regardless of absence of a wall or
roof.
(3) “Conveyance” means any motor vehicle, ship, vessel,
railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a
conveyance” includes taking apart any portion of the conveyance. However, during
the time of a state of emergency declared by executive order or proclamation of
the Governor under chapter 252 and within the area covered by such executive
order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term
“conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car,
trailer, aircraft, or sleeping car or such portions thereof as
exist.
railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a
conveyance” includes taking apart any portion of the conveyance. However, during
the time of a state of emergency declared by executive order or proclamation of
the Governor under chapter 252 and within the area covered by such executive
order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term
“conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car,
trailer, aircraft, or sleeping car or such portions thereof as
exist.
(4) An act is committed “in the course of committing” if
it occurs in an attempt to commit the offense or in flight after the attempt or
commission.
it occurs in an attempt to commit the offense or in flight after the attempt or
commission.
(5)(a) “Posted land” is that land upon which:
1. Signs are placed not more than 500 feet apart along,
and at each corner of, the boundaries of the land, upon which signs there
appears prominently, in letters of not less than 2 inches in height, the words
“no trespassing” and in addition thereto the name of the owner, lessee, or
occupant of said land. Said signs shall be placed along the boundary line of
posted land in a manner and in such position as to be clearly noticeable from
outside the boundary line; or
and at each corner of, the boundaries of the land, upon which signs there
appears prominently, in letters of not less than 2 inches in height, the words
“no trespassing” and in addition thereto the name of the owner, lessee, or
occupant of said land. Said signs shall be placed along the boundary line of
posted land in a manner and in such position as to be clearly noticeable from
outside the boundary line; or
2.a. Conspicuous no trespassing notice is painted on trees
or posts on the property, provided that the notice is:
or posts on the property, provided that the notice is:
(I) Painted in an international orange color and
displaying the stenciled words “No Trespassing” in letters no less than 2 inches
high and 1 inch wide either vertically or horizontally;
displaying the stenciled words “No Trespassing” in letters no less than 2 inches
high and 1 inch wide either vertically or horizontally;
(II) Placed so that the bottom of the painted notice is
not less than 3 feet from the ground or more than 5 feet from the ground;
and
not less than 3 feet from the ground or more than 5 feet from the ground;
and
(III) Placed at locations that are readily visible to any
person approaching the property and no more than 500 feet apart on agricultural
land.
person approaching the property and no more than 500 feet apart on agricultural
land.
b. Beginning October 1, 2007, when a landowner uses the
painted no trespassing posting to identify a “no trespassing” area, those
painted notices shall be accompanied by signs complying with subparagraph 1. and
placed conspicuously at all places where entry to the property is normally
expected or known to occur.
painted no trespassing posting to identify a “no trespassing” area, those
painted notices shall be accompanied by signs complying with subparagraph 1. and
placed conspicuously at all places where entry to the property is normally
expected or known to occur.
(b) It shall not be necessary to give notice by posting
on any enclosed land or place not exceeding 5 acres in area on which there is a
dwelling house in order to obtain the benefits of ss. 810.09 and 810.12
pertaining to trespass on enclosed lands.
on any enclosed land or place not exceeding 5 acres in area on which there is a
dwelling house in order to obtain the benefits of ss. 810.09 and 810.12
pertaining to trespass on enclosed lands.
(6) “Cultivated land” is that land which has been cleared
of its natural vegetation and is presently planted with a crop, orchard, grove,
pasture, or trees or is fallow land as part of a crop rotation.
of its natural vegetation and is presently planted with a crop, orchard, grove,
pasture, or trees or is fallow land as part of a crop rotation.
(7) “Fenced land” is that land which has been enclosed by
a fence of substantial construction, whether with rails, logs, post and railing,
iron, steel, barbed wire, other wire, or other material, which stands at least 3
feet in height. For the purpose of this chapter, it shall not be necessary to
fence any boundary or part of a boundary of any land which is formed by
water.
a fence of substantial construction, whether with rails, logs, post and railing,
iron, steel, barbed wire, other wire, or other material, which stands at least 3
feet in height. For the purpose of this chapter, it shall not be necessary to
fence any boundary or part of a boundary of any land which is formed by
water.
(8) Where lands are posted, cultivated, or fenced as
described herein, then said lands, for the purpose of this chapter, shall be
considered as enclosed and posted.
described herein, then said lands, for the purpose of this chapter, shall be
considered as enclosed and posted.
(9) “Litter” means any garbage, rubbish, trash, refuse,
debris, can, bottle, box, container, paper, tobacco product, tire, domestic or
commercial appliance, mechanical equipment or part, building or construction
material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel,
aircraft, or farm machinery or equipment; sludge from a waste treatment
facility, water supply treatment plant, or air pollution control facility; or
substance in any form resulting from domestic, industrial, commercial, mining,
agricultural, or governmental operations.
debris, can, bottle, box, container, paper, tobacco product, tire, domestic or
commercial appliance, mechanical equipment or part, building or construction
material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel,
aircraft, or farm machinery or equipment; sludge from a waste treatment
facility, water supply treatment plant, or air pollution control facility; or
substance in any form resulting from domestic, industrial, commercial, mining,
agricultural, or governmental operations.
(10) “Dump” means to dump, throw, discard, place, deposit,
or dispose of any litter.
or dispose of any litter.
(11) “Commercial horticulture property” means any property
that is cleared of its natural vegetation and is planted in commercially
cultivated horticulture products that are planted, grown, or harvested. The term
also includes property that is used for the commercial sale, use, or
distribution of horticulture products.
that is cleared of its natural vegetation and is planted in commercially
cultivated horticulture products that are planted, grown, or harvested. The term
also includes property that is used for the commercial sale, use, or
distribution of horticulture products.
(12) “Agricultural chemicals manufacturing facility” means
any facility, and any properties or structures associated with the facility,
used for the manufacture, processing, or storage of agricultural chemicals
classified in Industry Group 287 contained in the Standard Industrial
Classification Manual, 1987, as published by the Office of Management and
Budget, Executive Office of the President.
any facility, and any properties or structures associated with the facility,
used for the manufacture, processing, or storage of agricultural chemicals
classified in Industry Group 287 contained in the Standard Industrial
Classification Manual, 1987, as published by the Office of Management and
Budget, Executive Office of the President.
(13) “Construction site” means any property upon which
there is construction that is subject to building permit posting
requirements.
there is construction that is subject to building permit posting
requirements.
History.—s. 30, ch. 74-383; s. 1, ch. 76-46;
s. 1, ch. 82-87; s. 1, ch. 92-351; s. 1, ch. 94-263; s. 1, ch. 94-307; s. 47,
ch. 96-388; s. 13, ch. 99-188; s. 3, ch. 2001-182; s. 49, ch. 2001-279; s. 15,
ch. 2006-289; s. 1, ch. 2007-123; s. 4, ch. 2007-244.
s. 1, ch. 82-87; s. 1, ch. 92-351; s. 1, ch. 94-263; s. 1, ch. 94-307; s. 47,
ch. 96-388; s. 13, ch. 99-188; s. 3, ch. 2001-182; s. 49, ch. 2001-279; s. 15,
ch. 2006-289; s. 1, ch. 2007-123; s. 4, ch. 2007-244.
810.015 Legislative findings and intent;
burglary.—
burglary.—
(1) The Legislature finds that the case of Delgado v. State, 776 So. 2d 233 (Fla.
2000), was decided contrary to legislative intent and the case law of this state
relating to burglary prior to Delgado v.
State. The Legislature finds that in order for a burglary to occur, it is
not necessary for the licensed or invited person to remain in the dwelling,
structure, or conveyance surreptitiously.
2000), was decided contrary to legislative intent and the case law of this state
relating to burglary prior to Delgado v.
State. The Legislature finds that in order for a burglary to occur, it is
not necessary for the licensed or invited person to remain in the dwelling,
structure, or conveyance surreptitiously.
(2) It is the intent of the Legislature that the holding
in Delgado v. State, 776 So. 2d
233 (Fla. 2000) be nullified. It is further the intent of the Legislature that
s. 810.02(1)(a) be construed in conformity with Raleigh v. State, 705 So. 2d 1324 (Fla. 1997); Jimenez v. State, 703 So. 2d 437 (Fla.
1997); Robertson v. State, 699
So. 2d 1343 (Fla. 1997); Routly v.
State, 440 So. 2d 1257 (Fla. 1983); and Ray v. State, 522 So. 2d 963 (Fla. 3rd DCA, 1988).
This subsection shall operate retroactively to February 1, 2000.
in Delgado v. State, 776 So. 2d
233 (Fla. 2000) be nullified. It is further the intent of the Legislature that
s. 810.02(1)(a) be construed in conformity with Raleigh v. State, 705 So. 2d 1324 (Fla. 1997); Jimenez v. State, 703 So. 2d 437 (Fla.
1997); Robertson v. State, 699
So. 2d 1343 (Fla. 1997); Routly v.
State, 440 So. 2d 1257 (Fla. 1983); and Ray v. State, 522 So. 2d 963 (Fla. 3rd DCA, 1988).
This subsection shall operate retroactively to February 1, 2000.
(3) It is further the intent of the Legislature that
consent remain an affirmative defense to burglary and that the lack of consent
may be proven by circumstantial evidence.
consent remain an affirmative defense to burglary and that the lack of consent
may be proven by circumstantial evidence.
(4) The Legislature finds that the cases of Floyd v. State, 850 So. 2d 383 (Fla.
2002); Fitzpatrick v. State, 859
So. 2d 486 (Fla. 2003); and State v.
Ruiz/State v. Braggs, Slip
Opinion Nos. SC02-389/SC02-524 were decided contrary to the Legislative intent
expressed in this section. The Legislature finds that these cases were decided
in such a manner as to give subsection (1) no effect. The February 1, 2000, date
reflected in subsection (2) does not refer to an arbitrary date relating to the
date offenses were committed, but to a date before which the law relating to
burglary was untainted by Delgado v.
State, 776 So. 2d 233 (Fla. 2000).
2002); Fitzpatrick v. State, 859
So. 2d 486 (Fla. 2003); and State v.
Ruiz/State v. Braggs, Slip
Opinion Nos. SC02-389/SC02-524 were decided contrary to the Legislative intent
expressed in this section. The Legislature finds that these cases were decided
in such a manner as to give subsection (1) no effect. The February 1, 2000, date
reflected in subsection (2) does not refer to an arbitrary date relating to the
date offenses were committed, but to a date before which the law relating to
burglary was untainted by Delgado v.
State, 776 So. 2d 233 (Fla. 2000).
(5) The Legislature provides the following special rules
of construction to apply to this section:
of construction to apply to this section:
(a) All subsections in this section shall be construed to
give effect to subsection (1);
give effect to subsection (1);
(b) Notwithstanding s. 775.021(1), this section shall be
construed to give the interpretation of the burglary statute announced in Delgado v. State, 776 So. 2d 233 (Fla.
2000), and its progeny, no effect; and
construed to give the interpretation of the burglary statute announced in Delgado v. State, 776 So. 2d 233 (Fla.
2000), and its progeny, no effect; and
(c) If language in this section is susceptible to
differing constructions, it shall be construed in such manner as to approximate
the law relating to burglary as if Delgado v. State, 776 So. 2d 233 (Fla. 2000) was
never issued.
differing constructions, it shall be construed in such manner as to approximate
the law relating to burglary as if Delgado v. State, 776 So. 2d 233 (Fla. 2000) was
never issued.
(6) This section shall apply
retroactively.
retroactively.
History.—s. 1, ch. 2001-58; s. 1, ch.
2004-93.
2004-93.
810.02 Burglary.—
(1)(a) For offenses committed on or before July 1, 2001,
“burglary” means entering or remaining in a dwelling, a structure, or a
conveyance with the intent to commit an offense therein, unless the premises are
at the time open to the public or the defendant is licensed or invited to enter
or remain.
“burglary” means entering or remaining in a dwelling, a structure, or a
conveyance with the intent to commit an offense therein, unless the premises are
at the time open to the public or the defendant is licensed or invited to enter
or remain.
(b) For offenses committed after July 1, 2001, “burglary”
means:
means:
1. Entering a dwelling, a structure, or a conveyance
with the intent to commit an offense therein, unless the premises are at the
time open to the public or the defendant is licensed or invited to enter;
or
with the intent to commit an offense therein, unless the premises are at the
time open to the public or the defendant is licensed or invited to enter;
or
2. Notwithstanding a licensed or invited entry,
remaining in a dwelling, structure, or conveyance:
remaining in a dwelling, structure, or conveyance:
a. Surreptitiously, with the intent to commit an offense
therein;
therein;
b. After permission to remain therein has been
withdrawn, with the intent to commit an offense therein; or
withdrawn, with the intent to commit an offense therein; or
c. To commit or attempt to commit a forcible felony, as
defined in s. 776.08.
defined in s. 776.08.
(2) Burglary is a felony of the first degree, punishable
by imprisonment for a term of years not exceeding life imprisonment or as
provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of
committing the offense, the offender:
by imprisonment for a term of years not exceeding life imprisonment or as
provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of
committing the offense, the offender:
(a) Makes an assault or battery upon any person;
or
or
(b) Is or becomes armed within the dwelling, structure,
or conveyance, with explosives or a dangerous weapon; or
or conveyance, with explosives or a dangerous weapon; or
(c) Enters an occupied or unoccupied dwelling or
structure, and:
structure, and:
1. Uses a motor vehicle as an instrumentality, other
than merely as a getaway vehicle, to assist in committing the offense, and
thereby damages the dwelling or structure; or
than merely as a getaway vehicle, to assist in committing the offense, and
thereby damages the dwelling or structure; or
2. Causes damage to the dwelling or structure, or to
property within the dwelling or structure in excess of
$1,000.
property within the dwelling or structure in excess of
$1,000.
(3) Burglary is a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of
committing the offense, the offender does not make an assault or battery and is
not and does not become armed with a dangerous weapon or explosive, and the
offender enters or remains in a:
as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of
committing the offense, the offender does not make an assault or battery and is
not and does not become armed with a dangerous weapon or explosive, and the
offender enters or remains in a:
(a) Dwelling, and there is another person in the dwelling
at the time the offender enters or remains;
at the time the offender enters or remains;
(b) Dwelling, and there is not another person in the
dwelling at the time the offender enters or remains;
dwelling at the time the offender enters or remains;
(c) Structure, and there is another person in the
structure at the time the offender enters or remains;
structure at the time the offender enters or remains;
(d) Conveyance, and there is another person in the
conveyance at the time the offender enters or remains; or
conveyance at the time the offender enters or remains; or
(e) Authorized emergency vehicle, as defined in s.
316.003.
316.003.
However, if the burglary is
committed within a county that is subject to a state of emergency declared by
the Governor under chapter 252 after the declaration of emergency is made and
the perpetration of the burglary is facilitated by conditions arising from the
emergency, the burglary is a felony of the first degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term
“conditions arising from the emergency” means civil unrest, power outages,
curfews, voluntary or mandatory evacuations, or a reduction in the presence of
or response time for first responders or homeland security personnel. A person
arrested for committing a burglary within a county that is subject to such a
state of emergency may not be released until the person appears before a
committing magistrate at a first appearance hearing. For purposes of sentencing
under chapter 921, a felony offense that is reclassified under this subsection
is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the
offense committed.
(4) Burglary is a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of
committing the offense, the offender does not make an assault or battery and is
not and does not become armed with a dangerous weapon or explosive, and the
offender enters or remains in a:
as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of
committing the offense, the offender does not make an assault or battery and is
not and does not become armed with a dangerous weapon or explosive, and the
offender enters or remains in a:
(a) Structure, and there is not another person in the
structure at the time the offender enters or remains; or
structure at the time the offender enters or remains; or
(b) Conveyance, and there is not another person in the
conveyance at the time the offender enters or remains.
conveyance at the time the offender enters or remains.
However, if the burglary is
committed within a county that is subject to a state of emergency declared by
the Governor under chapter 252 after the declaration of emergency is made and
the perpetration of the burglary is facilitated by conditions arising from the
emergency, the burglary is a felony of the second degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term
“conditions arising from the emergency” means civil unrest, power outages,
curfews, voluntary or mandatory evacuations, or a reduction in the presence of
or response time for first responders or homeland security personnel. A person
arrested for committing a burglary within a county that is subject to such a
state of emergency may not be released until the person appears before a
committing magistrate at a first appearance hearing. For purposes of sentencing
under chapter 921, a felony offense that is reclassified under this subsection
is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the
offense committed.
History.—RS 2434; s. 2, ch. 4405, 1895; s.
2, ch. 5411, 1905; GS 3282; RGS 5116; CGL 7217; s. 799, ch. 71-136; s. 31, ch.
74-383; s. 21, ch. 75-298; s. 2, ch. 82-87; s. 1, ch. 83-63; s. 8, ch. 95-184;
s. 2, ch. 96-260; s. 2, ch. 2000-233; s. 2, ch. 2001-58; s. 2, ch. 2003-84; s.
1, ch. 2007-115.
2, ch. 5411, 1905; GS 3282; RGS 5116; CGL 7217; s. 799, ch. 71-136; s. 31, ch.
74-383; s. 21, ch. 75-298; s. 2, ch. 82-87; s. 1, ch. 83-63; s. 8, ch. 95-184;
s. 2, ch. 96-260; s. 2, ch. 2000-233; s. 2, ch. 2001-58; s. 2, ch. 2003-84; s.
1, ch. 2007-115.
810.06 Possession of burglary
tools.—Whoever has in his or her possession any tool,
machine, or implement with intent to use the same, or allow the same to be used,
to commit any burglary or trespass shall be guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
tools.—Whoever has in his or her possession any tool,
machine, or implement with intent to use the same, or allow the same to be used,
to commit any burglary or trespass shall be guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.—s. 30, sub-ch. 4, ch. 1637, 1868;
RS 2439; GS 3286; RGS 5120; CGL 7221; s. 804, ch. 71-136; s. 32, ch. 74-383; s.
22, ch. 75-298; s. 1232, ch. 97-102.
RS 2439; GS 3286; RGS 5120; CGL 7221; s. 804, ch. 71-136; s. 32, ch. 74-383; s.
22, ch. 75-298; s. 1232, ch. 97-102.
810.061 Impairing or impeding telephone or
power to a dwelling; facilitating or furthering a burglary; penalty.—
power to a dwelling; facilitating or furthering a burglary; penalty.—
(1) As used in this section, the term “burglary” has the
meaning ascribed in s. 810.02(1)(b).
meaning ascribed in s. 810.02(1)(b).
(2) A person who, for the purpose of facilitating or
furthering the commission or attempted commission of a burglary of a dwelling by
any person, damages a wire or line that transmits or conveys telephone or power
to that dwelling, impairs any other equipment necessary for telephone or power
transmission or conveyance, or otherwise impairs or impedes such telephone or
power transmission or conveyance commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
furthering the commission or attempted commission of a burglary of a dwelling by
any person, damages a wire or line that transmits or conveys telephone or power
to that dwelling, impairs any other equipment necessary for telephone or power
transmission or conveyance, or otherwise impairs or impedes such telephone or
power transmission or conveyance commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.—s. 1, ch.
2003-84.
2003-84.
810.07 Prima facie evidence of
intent.—
intent.—
(1) In a trial on the charge of burglary, proof of the
entering of such structure or conveyance at any time stealthily and without
consent of the owner or occupant thereof is prima facie evidence of entering
with intent to commit an offense.
entering of such structure or conveyance at any time stealthily and without
consent of the owner or occupant thereof is prima facie evidence of entering
with intent to commit an offense.
(2) In a trial on the charge of attempted burglary, proof
of the attempt to enter such structure or conveyance at any time stealthily and
without the consent of the owner or occupant thereof is prima facie evidence of
attempting to enter with intent to commit an offense.
of the attempt to enter such structure or conveyance at any time stealthily and
without the consent of the owner or occupant thereof is prima facie evidence of
attempting to enter with intent to commit an offense.
History.—s. 5, ch. 4405, 1895; GS 3287; RGS
5121; CGL 7222; s. 1, ch. 70-29; s. 33, ch. 74-383; s. 44, ch.
87-243.
5121; CGL 7222; s. 1, ch. 70-29; s. 33, ch. 74-383; s. 44, ch.
87-243.
810.08 Trespass in structure or
conveyance.—
conveyance.—
(1) Whoever, without being authorized, licensed, or
invited, willfully enters or remains in any structure or conveyance, or, having
been authorized, licensed, or invited, is warned by the owner or lessee of the
premises, or by a person authorized by the owner or lessee, to depart and
refuses to do so, commits the offense of trespass in a structure or
conveyance.
invited, willfully enters or remains in any structure or conveyance, or, having
been authorized, licensed, or invited, is warned by the owner or lessee of the
premises, or by a person authorized by the owner or lessee, to depart and
refuses to do so, commits the offense of trespass in a structure or
conveyance.
(2)(a) Except as otherwise provided in this subsection,
trespass in a structure or conveyance is a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
trespass in a structure or conveyance is a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(b) If there is a human being in the structure or
conveyance at the time the offender trespassed, attempted to trespass, or was in
the structure or conveyance, the trespass in a structure or conveyance is a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
conveyance at the time the offender trespassed, attempted to trespass, or was in
the structure or conveyance, the trespass in a structure or conveyance is a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
(c) If the offender is armed with a firearm or other
dangerous weapon, or arms himself or herself with such while in the structure or
conveyance, the trespass in a structure or conveyance is a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any
owner or person authorized by the owner may, for prosecution purposes, take into
custody and detain, in a reasonable manner, for a reasonable length of time, any
person when he or she reasonably believes that a violation of this paragraph has
been or is being committed, and he or she reasonably believes that the person to
be taken into custody and detained has committed or is committing such
violation. In the event a person is taken into custody, a law enforcement
officer shall be called as soon as is practicable after the person has been
taken into custody. The taking into custody and detention by such person, if
done in compliance with the requirements of this paragraph, shall not render
such person criminally or civilly liable for false arrest, false imprisonment,
or unlawful detention.
dangerous weapon, or arms himself or herself with such while in the structure or
conveyance, the trespass in a structure or conveyance is a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any
owner or person authorized by the owner may, for prosecution purposes, take into
custody and detain, in a reasonable manner, for a reasonable length of time, any
person when he or she reasonably believes that a violation of this paragraph has
been or is being committed, and he or she reasonably believes that the person to
be taken into custody and detained has committed or is committing such
violation. In the event a person is taken into custody, a law enforcement
officer shall be called as soon as is practicable after the person has been
taken into custody. The taking into custody and detention by such person, if
done in compliance with the requirements of this paragraph, shall not render
such person criminally or civilly liable for false arrest, false imprisonment,
or unlawful detention.
(3) As used in this section, the term “person authorized”
means any owner or lessee, or his or her agent, or any law enforcement officer
whose department has received written authorization from the owner or lessee, or
his or her agent, to communicate an order to depart the property in the case of
a threat to public safety or welfare.
means any owner or lessee, or his or her agent, or any law enforcement officer
whose department has received written authorization from the owner or lessee, or
his or her agent, to communicate an order to depart the property in the case of
a threat to public safety or welfare.
History.—s. 34, ch. 74-383; s. 22, ch.
75-298; s. 2, ch. 76-46; s. 1, ch. 77-132; s. 33, ch. 88-381; s. 185, ch.
91-224; s. 1233, ch. 97-102; s. 4, ch. 2000-369.
75-298; s. 2, ch. 76-46; s. 1, ch. 77-132; s. 33, ch. 88-381; s. 185, ch.
91-224; s. 1233, ch. 97-102; s. 4, ch. 2000-369.
810.09 Trespass on property other than
structure or conveyance.—
structure or conveyance.—
(1)(a) A person who, without being authorized, licensed, or
invited, willfully enters upon or remains in any property other than a structure
or conveyance:
invited, willfully enters upon or remains in any property other than a structure
or conveyance:
1. As to which notice against entering or remaining is
given, either by actual communication to the offender or by posting, fencing, or
cultivation as described in s. 810.011; or
given, either by actual communication to the offender or by posting, fencing, or
cultivation as described in s. 810.011; or
2. If the property is the unenclosed curtilage of a
dwelling and the offender enters or remains with the intent to commit an offense
thereon, other than the offense of trespass,
dwelling and the offender enters or remains with the intent to commit an offense
thereon, other than the offense of trespass,
commits the offense of
trespass on property other than a structure or conveyance.
(b) As used in this section, the term “unenclosed
curtilage” means the unenclosed land or grounds, and any outbuildings, that are
directly and intimately adjacent to and connected with the dwelling and
necessary, convenient, and habitually used in connection with that
dwelling.
curtilage” means the unenclosed land or grounds, and any outbuildings, that are
directly and intimately adjacent to and connected with the dwelling and
necessary, convenient, and habitually used in connection with that
dwelling.
(2)(a) Except as provided in this subsection, trespass on
property other than a structure or conveyance is a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
property other than a structure or conveyance is a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
(b) If the offender defies an order to leave, personally
communicated to the offender by the owner of the premises or by an authorized
person, or if the offender willfully opens any door, fence, or gate or does any
act that exposes animals, crops, or other property to waste, destruction, or
freedom; unlawfully dumps litter on property; or trespasses on property other
than a structure or conveyance, the offender commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
communicated to the offender by the owner of the premises or by an authorized
person, or if the offender willfully opens any door, fence, or gate or does any
act that exposes animals, crops, or other property to waste, destruction, or
freedom; unlawfully dumps litter on property; or trespasses on property other
than a structure or conveyance, the offender commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
(c) If the offender is armed with a firearm or other
dangerous weapon during the commission of the offense of trespass on property
other than a structure or conveyance, he or she is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any owner or person authorized by the owner may, for prosecution purposes, take
into custody and detain, in a reasonable manner, for a reasonable length of
time, any person when he or she reasonably believes that a violation of this
paragraph has been or is being committed, and that the person to be taken into
custody and detained has committed or is committing the violation. If a person
is taken into custody, a law enforcement officer shall be called as soon as is
practicable after the person has been taken into custody. The taking into
custody and detention in compliance with the requirements of this paragraph does
not result in criminal or civil liability for false arrest, false imprisonment,
or unlawful detention.
dangerous weapon during the commission of the offense of trespass on property
other than a structure or conveyance, he or she is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any owner or person authorized by the owner may, for prosecution purposes, take
into custody and detain, in a reasonable manner, for a reasonable length of
time, any person when he or she reasonably believes that a violation of this
paragraph has been or is being committed, and that the person to be taken into
custody and detained has committed or is committing the violation. If a person
is taken into custody, a law enforcement officer shall be called as soon as is
practicable after the person has been taken into custody. The taking into
custody and detention in compliance with the requirements of this paragraph does
not result in criminal or civil liability for false arrest, false imprisonment,
or unlawful detention.
(d) The offender commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property
trespassed is a construction site that is:
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property
trespassed is a construction site that is:
1. Greater than 1 acre in area and is legally posted and
identified in substantially the following manner: “THIS AREA IS A DESIGNATED
CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A
FELONY.”; or
identified in substantially the following manner: “THIS AREA IS A DESIGNATED
CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A
FELONY.”; or
2. One acre or less in area and is identified as such
with a sign that appears prominently, in letters of not less than 2 inches in
height, and reads in substantially the following manner: “THIS AREA IS A
DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS
A FELONY.” The sign shall be placed at the location on the property where the
permits for construction are located. For construction sites of 1 acre or less
as provided in this subparagraph, it shall not be necessary to give notice by
posting as defined in s. 810.011(5).
with a sign that appears prominently, in letters of not less than 2 inches in
height, and reads in substantially the following manner: “THIS AREA IS A
DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS
A FELONY.” The sign shall be placed at the location on the property where the
permits for construction are located. For construction sites of 1 acre or less
as provided in this subparagraph, it shall not be necessary to give notice by
posting as defined in s. 810.011(5).
(e) The offender commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property
trespassed upon is commercial horticulture property and the property is legally
posted and identified in substantially the following manner: “THIS AREA IS
DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO
TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property
trespassed upon is commercial horticulture property and the property is legally
posted and identified in substantially the following manner: “THIS AREA IS
DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO
TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
(f) The offender commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property
trespassed upon is an agricultural site for testing or research purposes that is
legally posted and identified in substantially the following manner: “THIS AREA
IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE
WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property
trespassed upon is an agricultural site for testing or research purposes that is
legally posted and identified in substantially the following manner: “THIS AREA
IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE
WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
(g) The offender commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property
trespassed upon is a domestic violence center certified under s. 39.905 which is
legally posted and identified in substantially the following manner: “THIS AREA
IS A DESIGNATED RESTRICTED SITE AND ANYONE WHO TRESPASSES ON THIS PROPERTY
COMMITS A FELONY.”
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property
trespassed upon is a domestic violence center certified under s. 39.905 which is
legally posted and identified in substantially the following manner: “THIS AREA
IS A DESIGNATED RESTRICTED SITE AND ANYONE WHO TRESPASSES ON THIS PROPERTY
COMMITS A FELONY.”
(h) Any person who in taking or attempting to take any
animal described in s. 379.101(19) or (20), or in killing, attempting to kill,
or endangering any animal described in s. 585.01(13) knowingly propels or causes
to be propelled any potentially lethal projectile over or across private land
without authorization commits trespass, a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this
paragraph, the term “potentially lethal projectile” includes any projectile
launched from any firearm, bow, crossbow, or similar tensile device. This
section does not apply to any governmental agent or employee acting within the
scope of his or her official duties.
animal described in s. 379.101(19) or (20), or in killing, attempting to kill,
or endangering any animal described in s. 585.01(13) knowingly propels or causes
to be propelled any potentially lethal projectile over or across private land
without authorization commits trespass, a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this
paragraph, the term “potentially lethal projectile” includes any projectile
launched from any firearm, bow, crossbow, or similar tensile device. This
section does not apply to any governmental agent or employee acting within the
scope of his or her official duties.
(i) The offender commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property
trespassed upon is an agricultural chemicals manufacturing facility that is
legally posted and identified in substantially the following manner: “THIS AREA
IS A DESIGNATED AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO
TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property
trespassed upon is an agricultural chemicals manufacturing facility that is
legally posted and identified in substantially the following manner: “THIS AREA
IS A DESIGNATED AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO
TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
(3) As used in this section, the term “authorized person”
or “person authorized” means any owner, his or her agent, or a community
association authorized as an agent for the owner, or any law enforcement officer
whose department has received written authorization from the owner, his or her
agent, or a community association authorized as an agent for the owner, to
communicate an order to leave the property in the case of a threat to public
safety or welfare.
or “person authorized” means any owner, his or her agent, or a community
association authorized as an agent for the owner, or any law enforcement officer
whose department has received written authorization from the owner, his or her
agent, or a community association authorized as an agent for the owner, to
communicate an order to leave the property in the case of a threat to public
safety or welfare.
History.—s. 35, ch. 74-383; s. 22, ch.
75-298; s. 3, ch. 76-46; s. 2, ch. 80-389; s. 34, ch. 88-381; s. 186, ch.
91-224; s. 2, ch. 94-263; s. 2, ch. 94-307; s. 48, ch. 96-388; s. 1818, ch.
97-102; s. 3, ch. 97-201; s. 5, ch. 2000-369; s. 2, ch. 2001-182; s. 47, ch.
2001-279; s. 36, ch. 2002-46; s. 14, ch. 2006-289; s. 1, ch. 2006-295; s. 2, ch.
2007-123; s. 205, ch. 2008-247.
75-298; s. 3, ch. 76-46; s. 2, ch. 80-389; s. 34, ch. 88-381; s. 186, ch.
91-224; s. 2, ch. 94-263; s. 2, ch. 94-307; s. 48, ch. 96-388; s. 1818, ch.
97-102; s. 3, ch. 97-201; s. 5, ch. 2000-369; s. 2, ch. 2001-182; s. 47, ch.
2001-279; s. 36, ch. 2002-46; s. 14, ch. 2006-289; s. 1, ch. 2006-295; s. 2, ch.
2007-123; s. 205, ch. 2008-247.
810.095 Trespass on school property with
firearm or other weapon prohibited.—
firearm or other weapon prohibited.—
(1) It is a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084, for a person who is
trespassing upon school property to bring onto, or to possess on, such school
property any weapon as defined in s. 790.001(13) or any firearm.
provided in s. 775.082, s. 775.083, or s. 775.084, for a person who is
trespassing upon school property to bring onto, or to possess on, such school
property any weapon as defined in s. 790.001(13) or any firearm.
(2) As used in this section, “school property” means the
grounds or facility of any kindergarten, elementary school, middle school,
junior high school, secondary school, career center, or postsecondary school,
whether public or nonpublic.
grounds or facility of any kindergarten, elementary school, middle school,
junior high school, secondary school, career center, or postsecondary school,
whether public or nonpublic.
History.—s. 1, ch. 92-130; s. 62, ch.
2004-357; s. 3, ch. 2006-186.
2004-357; s. 3, ch. 2006-186.
810.097 Trespass upon grounds or facilities of
a school; penalties; arrest.—
a school; penalties; arrest.—
(1) Any person who:
(a) Does not have legitimate business on the campus or
any other authorization, license, or invitation to enter or remain upon school
property; or
any other authorization, license, or invitation to enter or remain upon school
property; or
(b) Is a student currently under suspension or
expulsion;
expulsion;
and who enters or remains upon
the campus or any other facility owned by any such school commits a trespass
upon the grounds of a school facility and is guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who enters or remains upon the campus or
other facility of a school after the principal of such school, or his or her
designee, has directed such person to leave such campus or facility or not to
enter upon the campus or facility, commits a trespass upon the grounds of a
school facility and is guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
other facility of a school after the principal of such school, or his or her
designee, has directed such person to leave such campus or facility or not to
enter upon the campus or facility, commits a trespass upon the grounds of a
school facility and is guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
(3) The chief administrative officer of a school, or any
employee thereof designated by the chief administrative officer to maintain
order on such campus or facility, who has probable cause to believe that a
person is trespassing upon school grounds in violation of this section may take
such person into custody and detain him or her in a reasonable manner for a
reasonable length of time pending arrival of a law enforcement officer. Such
taking into custody and detention by an authorized person does not render that
person criminally or civilly liable for false arrest, false imprisonment, or
unlawful detention. If a trespasser is taken into custody, a law enforcement
officer shall be called to the scene immediately after the person is taken into
custody.
employee thereof designated by the chief administrative officer to maintain
order on such campus or facility, who has probable cause to believe that a
person is trespassing upon school grounds in violation of this section may take
such person into custody and detain him or her in a reasonable manner for a
reasonable length of time pending arrival of a law enforcement officer. Such
taking into custody and detention by an authorized person does not render that
person criminally or civilly liable for false arrest, false imprisonment, or
unlawful detention. If a trespasser is taken into custody, a law enforcement
officer shall be called to the scene immediately after the person is taken into
custody.
(4) Any law enforcement officer may arrest either on or
off the premises and without warrant any person the officer has probable cause
for believing has committed the offense of trespass upon the grounds of a school
facility. Such arrest shall not render the law enforcement officer criminally or
civilly liable for false arrest, false imprisonment, or unlawful
detention.
off the premises and without warrant any person the officer has probable cause
for believing has committed the offense of trespass upon the grounds of a school
facility. Such arrest shall not render the law enforcement officer criminally or
civilly liable for false arrest, false imprisonment, or unlawful
detention.
(5) As used in this section, the term “school” means the
grounds or any facility of any kindergarten, elementary school, middle school,
junior high school, or secondary school, whether public or
nonpublic.
grounds or any facility of any kindergarten, elementary school, middle school,
junior high school, or secondary school, whether public or
nonpublic.
History.—s. 1, ch. 68-3; s. 1, ch. 72-10; s.
1, ch. 72-221; s. 1, ch. 77-425; s. 48, ch. 79-164; s. 1, ch. 82-3; s. 27, ch.
91-224; s. 1207, ch. 95-147; s. 1, ch. 99-147.
1, ch. 72-221; s. 1, ch. 77-425; s. 48, ch. 79-164; s. 1, ch. 82-3; s. 27, ch.
91-224; s. 1207, ch. 95-147; s. 1, ch. 99-147.
Note.—Former s. 228.21; s.
228.091.
228.091.
810.0975 School safety zones; definition;
trespass prohibited; penalty.—
trespass prohibited; penalty.—
(1) For the purposes of this section, the term “school
safety zone” means in, on, or within 500 feet of any real property owned by or
leased to any public or private elementary, middle, or high school or school
board and used for elementary, middle, or high school education.
safety zone” means in, on, or within 500 feet of any real property owned by or
leased to any public or private elementary, middle, or high school or school
board and used for elementary, middle, or high school education.
(2)(a) Each principal or designee of each public or private
school in this state shall notify the appropriate law enforcement agency to
prohibit any person from loitering in the school safety zone who does not have
legitimate business in the school safety zone or any other authorization, or
license to enter or remain in the school safety zone or does not otherwise have
invitee status in the designated safety zone.
school in this state shall notify the appropriate law enforcement agency to
prohibit any person from loitering in the school safety zone who does not have
legitimate business in the school safety zone or any other authorization, or
license to enter or remain in the school safety zone or does not otherwise have
invitee status in the designated safety zone.
(b) During the period from 1 hour prior to the start of a
school session until 1 hour after the conclusion of a school session, it is
unlawful for any person to enter the premises or trespass within a school safety
zone or to remain on such premises or within such school safety zone when that
person does not have legitimate business in the school safety zone or any other
authorization, license, or invitation to enter or remain in the school safety
zone. Any person who violates this subsection commits a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
school session until 1 hour after the conclusion of a school session, it is
unlawful for any person to enter the premises or trespass within a school safety
zone or to remain on such premises or within such school safety zone when that
person does not have legitimate business in the school safety zone or any other
authorization, license, or invitation to enter or remain in the school safety
zone. Any person who violates this subsection commits a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Any person who does not have legitimate business in
the school safety zone or any other authorization, license, or invitation to
enter or remain in the school safety zone who shall willfully fail to remove
himself or herself from the school safety zone after the principal or designee,
having a reasonable belief that he or she will commit a crime or is engaged in
harassment or intimidation of students entering or leaving school property,
requests him or her to leave the school safety zone commits a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083. Nothing in
this section shall be construed to abridge or infringe upon the right of any
person to peaceably assemble and protest.
the school safety zone or any other authorization, license, or invitation to
enter or remain in the school safety zone who shall willfully fail to remove
himself or herself from the school safety zone after the principal or designee,
having a reasonable belief that he or she will commit a crime or is engaged in
harassment or intimidation of students entering or leaving school property,
requests him or her to leave the school safety zone commits a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083. Nothing in
this section shall be construed to abridge or infringe upon the right of any
person to peaceably assemble and protest.
(3) This section does not apply to residents or persons
engaged in the operation of a licensed commercial business within the school
safety zone.
engaged in the operation of a licensed commercial business within the school
safety zone.
History.—s. 1, ch.
2002-192.
2002-192.
810.10 Posted land; removing notices
unlawful; penalty.—
unlawful; penalty.—
(1) It is unlawful for any person to willfully remove,
destroy, mutilate, or commit any act designed to remove, mutilate, or reduce the
legibility or effectiveness of any posted notice placed by the owner, tenant,
lessee, or occupant of legally enclosed or legally posted land pursuant to any
law of this state for the purpose of legally enclosing the same.
destroy, mutilate, or commit any act designed to remove, mutilate, or reduce the
legibility or effectiveness of any posted notice placed by the owner, tenant,
lessee, or occupant of legally enclosed or legally posted land pursuant to any
law of this state for the purpose of legally enclosing the same.
(2) Any person violating the provisions of this section
commits a misdemeanor of the first degree, punishable as provided in s. 775.082
or s. 775.083.
commits a misdemeanor of the first degree, punishable as provided in s. 775.082
or s. 775.083.
History.—ss. 1, 2, ch. 25246, 1949; s. 893,
ch. 71-136; s. 36, ch. 74-383; s. 23, ch. 75-298; s. 187, ch. 91-224; s. 5, ch.
2007-244.
ch. 71-136; s. 36, ch. 74-383; s. 23, ch. 75-298; s. 187, ch. 91-224; s. 5, ch.
2007-244.
Note.—Former s.
821.071.
821.071.
810.11 Placing signs adjacent to highways;
penalty.—
penalty.—
(1) All persons are prohibited from placing, posting, or
erecting signs upon land or upon trees upon land adjacent to or adjoining all
public highways of the state, without the written consent of the owner of such
land, or the written consent of the attorney or agent of such
owner.
erecting signs upon land or upon trees upon land adjacent to or adjoining all
public highways of the state, without the written consent of the owner of such
land, or the written consent of the attorney or agent of such
owner.
(2) Every person convicted of a violation of this section
shall be guilty of a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083.
shall be guilty of a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 13801, 1929; CGL 1936
Supp. 7433(1); s. 892, ch. 71-136; s. 37, ch. 74-383; s. 24, ch. 75-298; s. 188,
ch. 91-224.
Supp. 7433(1); s. 892, ch. 71-136; s. 37, ch. 74-383; s. 24, ch. 75-298; s. 188,
ch. 91-224.
Note.—Former s.
821.02.
821.02.
810.115 Breaking or injuring
fences.—
fences.—
(1) Whoever willfully and maliciously breaks down, mars,
injures, defaces, cuts, or otherwise creates or causes to be created an opening,
gap, interruption, or break in any fence, or any part thereof, belonging to or
enclosing land not his or her own, or whoever causes to be broken down, marred,
injured, defaced, or cut any fence belonging to or enclosing land not his or her
own, commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083. A person who commits a second or subsequent offense under
this subsection commits a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
injures, defaces, cuts, or otherwise creates or causes to be created an opening,
gap, interruption, or break in any fence, or any part thereof, belonging to or
enclosing land not his or her own, or whoever causes to be broken down, marred,
injured, defaced, or cut any fence belonging to or enclosing land not his or her
own, commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083. A person who commits a second or subsequent offense under
this subsection commits a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
(2) If the offender breaks or injures a fence as provided
in subsection (1) and the fence or any part thereof is used to contain animals
at the time of the offense, the offender commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
in subsection (1) and the fence or any part thereof is used to contain animals
at the time of the offense, the offender commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) The court may require full compensation to the owner
of the fence for any and all damages or losses resulting directly or indirectly
from the act or commission pursuant to s. 775.089.
of the fence for any and all damages or losses resulting directly or indirectly
from the act or commission pursuant to s. 775.089.
History.—s. 1, ch. 78-256; s. 35, ch.
88-381; s. 189, ch. 91-224; s. 5, ch. 93-37; s. 1234, ch. 97-102; s. 1, ch.
2003-50; s. 6, ch. 2007-244.
88-381; s. 189, ch. 91-224; s. 5, ch. 93-37; s. 1234, ch. 97-102; s. 1, ch.
2003-50; s. 6, ch. 2007-244.
810.12 Unauthorized entry on land; prima
facie evidence of trespass.—
facie evidence of trespass.—
(1) The unauthorized entry by any person into or upon any
enclosed and posted land shall be prima facie evidence of the intention of such
person to commit an act of trespass.
enclosed and posted land shall be prima facie evidence of the intention of such
person to commit an act of trespass.
(2) The act of entry upon enclosed and posted land
without permission of the owner of said land by any worker, servant, employee,
or agent while actually engaged in the performance of his or her work or duties
incident to such employment and while under the supervision or direction, or
through the procurement, of any other person acting as supervisor, foreman,
employer, or principal, or in any other capacity, shall be prima facie evidence
of the causing, and of the procurement, of such act by the supervisor, foreman,
employer, principal, or other person.
without permission of the owner of said land by any worker, servant, employee,
or agent while actually engaged in the performance of his or her work or duties
incident to such employment and while under the supervision or direction, or
through the procurement, of any other person acting as supervisor, foreman,
employer, or principal, or in any other capacity, shall be prima facie evidence
of the causing, and of the procurement, of such act by the supervisor, foreman,
employer, principal, or other person.
(3) The act committed by any person or persons of taking,
transporting, operating, or driving, or the act of permitting or consenting to
the taking or transporting of, any machine, tool, motor vehicle, or draft animal
into or upon any enclosed and posted land without the permission of the owner of
said land by any person who is not the owner of such machine, tool, vehicle, or
animal, but with the knowledge or consent of the owner of such machine, tool,
vehicle, or animal, or of the person then having the right to possession
thereof, shall be prima facie evidence of the intent of such owner of such
machine, tool, vehicle, or animal, or of the person then entitled to the
possession thereof, to cause or procure an act of trespass.
transporting, operating, or driving, or the act of permitting or consenting to
the taking or transporting of, any machine, tool, motor vehicle, or draft animal
into or upon any enclosed and posted land without the permission of the owner of
said land by any person who is not the owner of such machine, tool, vehicle, or
animal, but with the knowledge or consent of the owner of such machine, tool,
vehicle, or animal, or of the person then having the right to possession
thereof, shall be prima facie evidence of the intent of such owner of such
machine, tool, vehicle, or animal, or of the person then entitled to the
possession thereof, to cause or procure an act of trespass.
(4) As used herein, the term “owner of said land” shall
include the beneficial owner, lessee, occupant, or other person having any
interest in said land under and by virtue of which that person is entitled to
possession thereof, and shall also include the agents or authorized employees of
such owner.
include the beneficial owner, lessee, occupant, or other person having any
interest in said land under and by virtue of which that person is entitled to
possession thereof, and shall also include the agents or authorized employees of
such owner.
(5) However, this section shall not apply to any official
or employee of the state or a county, municipality, or other governmental agency
now authorized by law to enter upon lands or to registered engineers and
surveyors and mappers authorized to enter lands pursuant to ss. 471.027 and
472.029. The provisions of this section shall not apply to the trimming or
cutting of trees or timber by municipal or private public utilities, or their
employees, contractors, or subcontractors, when such trimming is required for
the establishment or maintenance of the service furnished by any such
utility.
or employee of the state or a county, municipality, or other governmental agency
now authorized by law to enter upon lands or to registered engineers and
surveyors and mappers authorized to enter lands pursuant to ss. 471.027 and
472.029. The provisions of this section shall not apply to the trimming or
cutting of trees or timber by municipal or private public utilities, or their
employees, contractors, or subcontractors, when such trimming is required for
the establishment or maintenance of the service furnished by any such
utility.
(6) The unlawful dumping by any person of any litter in
violation of s. 403.413(4) is prima facie evidence of the intention of such
person to commit an act of trespass. If any waste that is dumped in violation of
s. 403.413(4) is discovered to contain any article, including, but not limited
to, a letter, bill, publication, or other writing that displays the name of a
person thereon, addressed to such person or in any other manner indicating that
the article last belonged to such person, that discovery raises a mere inference
that the person so identified has violated this section. If the court finds that
the discovery of the location of the article is corroborated by the existence of
an independent fact or circumstance which, standing alone, would constitute
evidence sufficient to prove a violation of s. 403.413(4), such person is
rebuttably presumed to have violated that section.
violation of s. 403.413(4) is prima facie evidence of the intention of such
person to commit an act of trespass. If any waste that is dumped in violation of
s. 403.413(4) is discovered to contain any article, including, but not limited
to, a letter, bill, publication, or other writing that displays the name of a
person thereon, addressed to such person or in any other manner indicating that
the article last belonged to such person, that discovery raises a mere inference
that the person so identified has violated this section. If the court finds that
the discovery of the location of the article is corroborated by the existence of
an independent fact or circumstance which, standing alone, would constitute
evidence sufficient to prove a violation of s. 403.413(4), such person is
rebuttably presumed to have violated that section.
History.—s. 4, ch. 76-46; s. 123, ch.
94-119; s. 3, ch. 94-263; s. 1235, ch. 97-102.
94-119; s. 3, ch. 94-263; s. 1235, ch. 97-102.
810.125 Injury to certain trespassers on
agricultural land; recovery limited.—A person or organization owning, controlling, or
possessing an interest in agricultural real property, or an agent of such person
or organization, shall not be held liable for negligence related to such
property that results in the death of, injury to, or damage to a person who has
engaged or is engaging in conduct on the property that is unlawful under either
s. 810.10 or s. 810.115 or unlawful trespassing by such person incident to such
conduct on the property.
agricultural land; recovery limited.—A person or organization owning, controlling, or
possessing an interest in agricultural real property, or an agent of such person
or organization, shall not be held liable for negligence related to such
property that results in the death of, injury to, or damage to a person who has
engaged or is engaging in conduct on the property that is unlawful under either
s. 810.10 or s. 810.115 or unlawful trespassing by such person incident to such
conduct on the property.
History.—s. 3, ch.
2007-244.
2007-244.
810.13 Cave vandalism and related
offenses.—
offenses.—
(1) DEFINITIONS.—As used in
this act:
this act:
(a) “Cave” means any void, cavity, recess, or system of
interconnecting passages which naturally occurs beneath the surface of the earth
or within a cliff or ledge, including natural subsurface water and drainage
systems but not including any mine, tunnel, aqueduct, or other manmade
excavation, and which is large enough to permit a person to enter. The word
“cave” includes any cavern, natural pit, or sinkhole which is an extension of an
entrance to a cave.
interconnecting passages which naturally occurs beneath the surface of the earth
or within a cliff or ledge, including natural subsurface water and drainage
systems but not including any mine, tunnel, aqueduct, or other manmade
excavation, and which is large enough to permit a person to enter. The word
“cave” includes any cavern, natural pit, or sinkhole which is an extension of an
entrance to a cave.
(b) “Cave life” means any life form which is indigenous
to a cave or to a cave ecosystem.
to a cave or to a cave ecosystem.
(c) “Gate” means any structure or device located to limit
or prohibit access or entry to a cave.
or prohibit access or entry to a cave.
(d) “Owner” means a person who owns title to land where a
cave is located, including a person who holds a leasehold estate in such land;
the state or any of its agencies, departments, boards, bureaus, commissions, or
authorities; or any county, municipality, or other political subdivision of the
state.
cave is located, including a person who holds a leasehold estate in such land;
the state or any of its agencies, departments, boards, bureaus, commissions, or
authorities; or any county, municipality, or other political subdivision of the
state.
(e) “Person” means any individual, partnership, firm,
association, trust, corporation, or other legal entity.
association, trust, corporation, or other legal entity.
(f) “Sinkhole” means a closed topographic depression or
basin, generally draining underground, including, but not restricted to, a
doline, limesink, or sink.
basin, generally draining underground, including, but not restricted to, a
doline, limesink, or sink.
(g) “Speleogen” means an erosional feature of a cave
boundary, including, but not restricted to, anastomoses, scallops, rills,
flutes, spongework, or pendants.
boundary, including, but not restricted to, anastomoses, scallops, rills,
flutes, spongework, or pendants.
(h) “Speleothem” means a natural mineral formation or
deposit occurring in a cave, including, but not restricted to, a stalagmite,
stalactite, helictite, anthodite, gypsum flower, gypsum needle, angel hair, soda
straw, drapery, bacon, cave pearl, popcorn (coral), rimstone dam, column, or
flowstone. Speleothems are commonly composed of calcite, epsomite, gypsum,
aragonite, celestite, or other similar minerals.
deposit occurring in a cave, including, but not restricted to, a stalagmite,
stalactite, helictite, anthodite, gypsum flower, gypsum needle, angel hair, soda
straw, drapery, bacon, cave pearl, popcorn (coral), rimstone dam, column, or
flowstone. Speleothems are commonly composed of calcite, epsomite, gypsum,
aragonite, celestite, or other similar minerals.
(2) VANDALISM.—It is unlawful
for any person, without the prior written permission of the owner, to:
for any person, without the prior written permission of the owner, to:
(a) Break, break off, crack, carve upon, write upon,
burn, mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm
the surfaces of any cave or any natural material which may be found therein,
whether attached or broken, including speleothems, speleogens, or sedimentary
deposits. This paragraph does not prohibit minimal disturbance or removal for
scientific inquiry.
burn, mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm
the surfaces of any cave or any natural material which may be found therein,
whether attached or broken, including speleothems, speleogens, or sedimentary
deposits. This paragraph does not prohibit minimal disturbance or removal for
scientific inquiry.
(b) Break, force, tamper with, or otherwise disturb a
lock, gate, door, or other obstruction designed to control or prevent access to
a cave, even though entrance thereto may not be gained.
lock, gate, door, or other obstruction designed to control or prevent access to
a cave, even though entrance thereto may not be gained.
(c) Remove, deface, or tamper with a sign stating that a
cave is posted or citing provisions of this act.
cave is posted or citing provisions of this act.
(3) CAVE LIFE.—It is unlawful
to remove, kill, harm, or otherwise disturb any naturally occurring organism
within a cave, except for safety or health reasons. The provisions of this
subsection do not prohibit minimal disturbance or removal of organisms for
scientific inquiry.
to remove, kill, harm, or otherwise disturb any naturally occurring organism
within a cave, except for safety or health reasons. The provisions of this
subsection do not prohibit minimal disturbance or removal of organisms for
scientific inquiry.
(4) POLLUTION AND LITTERING.—It
is unlawful to store in a cave any chemical or other material which may be
detrimental or hazardous to the cave, to the mineral deposits therein, to the
cave life therein, to the waters of the state, or to persons using such cave for
any purposes. It is also unlawful to dump, litter, dispose of, or otherwise
place any refuse, garbage, dead animal, sewage, trash, or other similar waste
materials in a cave. This subsection shall not apply to activity which is
regulated pursuant to s. 373.106, regarding the intentional introduction of
water into an underground formation, or chapter 377, regarding the injection of
fluids into subsurface formations in connection with oil or gas
operations.
is unlawful to store in a cave any chemical or other material which may be
detrimental or hazardous to the cave, to the mineral deposits therein, to the
cave life therein, to the waters of the state, or to persons using such cave for
any purposes. It is also unlawful to dump, litter, dispose of, or otherwise
place any refuse, garbage, dead animal, sewage, trash, or other similar waste
materials in a cave. This subsection shall not apply to activity which is
regulated pursuant to s. 373.106, regarding the intentional introduction of
water into an underground formation, or chapter 377, regarding the injection of
fluids into subsurface formations in connection with oil or gas
operations.
(5) SALE OF SPELEOTHEMS.—It is
unlawful for any person to sell or offer for sale any speleothems in this state
or to transport them for sale outside this state.
unlawful for any person to sell or offer for sale any speleothems in this state
or to transport them for sale outside this state.
(6) PENALTIES.—Any person who
violates subsection (2), subsection (3), subsection (4), or subsection (5) is
guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
violates subsection (2), subsection (3), subsection (4), or subsection (5) is
guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
History.—ss. 8, 9, 10, 11, 12, 13, ch.
80-356; s. 486, ch. 81-259.
80-356; s. 486, ch. 81-259.
810.14 Voyeurism prohibited;
penalties.—
penalties.—
(1) A person commits the offense of voyeurism when he or
she, with lewd, lascivious, or indecent intent, secretly observes another person
when the other person is located in a dwelling, structure, or conveyance and
such location provides a reasonable expectation of privacy.
she, with lewd, lascivious, or indecent intent, secretly observes another person
when the other person is located in a dwelling, structure, or conveyance and
such location provides a reasonable expectation of privacy.
(2) A person who violates this section commits a
misdemeanor of the first degree for the first violation, punishable as provided
in s. 775.082 or s. 775.083.
misdemeanor of the first degree for the first violation, punishable as provided
in s. 775.082 or s. 775.083.
(3) A person who violates this section and who has been
previously convicted or adjudicated delinquent two or more times of any
violation of this section commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
previously convicted or adjudicated delinquent two or more times of any
violation of this section commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(4) For purposes of this section, a person has been
previously convicted or adjudicated delinquent of a violation of this section if
the violation resulted in a conviction sentenced separately, or an adjudication
of delinquency entered separately, prior to the current
offense.
previously convicted or adjudicated delinquent of a violation of this section if
the violation resulted in a conviction sentenced separately, or an adjudication
of delinquency entered separately, prior to the current
offense.
History.—s. 2, ch. 98-415; s. 101, ch. 99-3;
s. 1, ch. 2006-267.
s. 1, ch. 2006-267.
810.145 Video voyeurism.—
(1) As used in this section, the term:
(a) “Broadcast” means electronically transmitting a
visual image with the intent that it be viewed by another person.
visual image with the intent that it be viewed by another person.
(b) “Imaging device” means any mechanical, digital, or
electronic viewing device; still camera; camcorder; motion picture camera; or
any other instrument, equipment, or format capable of recording, storing, or
transmitting visual images of another person.
electronic viewing device; still camera; camcorder; motion picture camera; or
any other instrument, equipment, or format capable of recording, storing, or
transmitting visual images of another person.
(c) “Place and time when a person has a reasonable
expectation of privacy” means a place and time when a reasonable person would
believe that he or she could fully disrobe in privacy, without being concerned
that the person’s undressing was being viewed, recorded, or broadcasted by
another, including, but not limited to, the interior of a bathroom, changing
room, fitting room, dressing room, or tanning booth.
expectation of privacy” means a place and time when a reasonable person would
believe that he or she could fully disrobe in privacy, without being concerned
that the person’s undressing was being viewed, recorded, or broadcasted by
another, including, but not limited to, the interior of a bathroom, changing
room, fitting room, dressing room, or tanning booth.
(d) “Privately exposing the body” means exposing a sexual
organ.
organ.
(2) A person commits the offense of video voyeurism if
that person:
that person:
(a) For his or her own amusement, entertainment, sexual
arousal, gratification, or profit, or for the purpose of degrading or abusing
another person, intentionally uses or installs an imaging device to secretly
view, broadcast, or record a person, without that person’s knowledge and
consent, who is dressing, undressing, or privately exposing the body, at a place
and time when that person has a reasonable expectation of privacy;
arousal, gratification, or profit, or for the purpose of degrading or abusing
another person, intentionally uses or installs an imaging device to secretly
view, broadcast, or record a person, without that person’s knowledge and
consent, who is dressing, undressing, or privately exposing the body, at a place
and time when that person has a reasonable expectation of privacy;
(b) For the amusement, entertainment, sexual arousal,
gratification, or profit of another, or on behalf of another, intentionally
permits the use or installation of an imaging device to secretly view,
broadcast, or record a person, without that person’s knowledge and consent, who
is dressing, undressing, or privately exposing the body, at a place and time
when that person has a reasonable expectation of privacy; or
gratification, or profit of another, or on behalf of another, intentionally
permits the use or installation of an imaging device to secretly view,
broadcast, or record a person, without that person’s knowledge and consent, who
is dressing, undressing, or privately exposing the body, at a place and time
when that person has a reasonable expectation of privacy; or
(c) For the amusement, entertainment, sexual arousal,
gratification, or profit of oneself or another, or on behalf of oneself or
another, intentionally uses an imaging device to secretly view, broadcast, or
record under or through the clothing being worn by another person, without that
person’s knowledge and consent, for the purpose of viewing the body of, or the
undergarments worn by, that person.
gratification, or profit of oneself or another, or on behalf of oneself or
another, intentionally uses an imaging device to secretly view, broadcast, or
record under or through the clothing being worn by another person, without that
person’s knowledge and consent, for the purpose of viewing the body of, or the
undergarments worn by, that person.
(3) A person commits the offense of video voyeurism
dissemination if that person, knowing or having reason to believe that an image
was created in a manner described in this section, intentionally disseminates,
distributes, or transfers the image to another person for the purpose of
amusement, entertainment, sexual arousal, gratification, or profit, or for the
purpose of degrading or abusing another person.
dissemination if that person, knowing or having reason to believe that an image
was created in a manner described in this section, intentionally disseminates,
distributes, or transfers the image to another person for the purpose of
amusement, entertainment, sexual arousal, gratification, or profit, or for the
purpose of degrading or abusing another person.
(4) A person commits the offense of commercial video
voyeurism dissemination if that person:
voyeurism dissemination if that person:
(a) Knowing or having reason to believe that an image was
created in a manner described in this section, sells the image for consideration
to another person; or
created in a manner described in this section, sells the image for consideration
to another person; or
(b) Having created the image in a manner described in
this section, disseminates, distributes, or transfers the image to another
person for that person to sell the image to others.
this section, disseminates, distributes, or transfers the image to another
person for that person to sell the image to others.
(5) This section does not apply to any:
(a) Law enforcement agency conducting surveillance for a
law enforcement purpose;
law enforcement purpose;
(b) Security system when a written notice is
conspicuously posted on the premises stating that a video surveillance system
has been installed for the purpose of security for the premises;
conspicuously posted on the premises stating that a video surveillance system
has been installed for the purpose of security for the premises;
(c) Video surveillance device that is installed in such a
manner that the presence of the device is clearly and immediately obvious;
or
manner that the presence of the device is clearly and immediately obvious;
or
(d) Dissemination, distribution, or transfer of images
subject to this section by a provider of an electronic communication service as
defined in 18 U.S.C. s. 2510(15), or a provider of a remote computing service as
defined in 18 U.S.C. s. 2711(2). For purposes of this section, the exceptions to
the definition of “electronic communication” set forth in 18 U.S.C. s.
2510(12)(a), (b), (c), and (d) do not apply, but are included within the
definition of the term.
subject to this section by a provider of an electronic communication service as
defined in 18 U.S.C. s. 2510(15), or a provider of a remote computing service as
defined in 18 U.S.C. s. 2711(2). For purposes of this section, the exceptions to
the definition of “electronic communication” set forth in 18 U.S.C. s.
2510(12)(a), (b), (c), and (d) do not apply, but are included within the
definition of the term.
(6) Except as provided in subsections (7) and (8), a
person who violates this section commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
person who violates this section commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(7) A person who violates this section and who has
previously been convicted of or adjudicated delinquent for any violation of this
section commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
previously been convicted of or adjudicated delinquent for any violation of this
section commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(8)(a) A person who is:
1. Eighteen years of age or older who is responsible for
the welfare of a child younger than 16 years of age, regardless of whether the
person knows or has reason to know the age of the child, and who commits an
offense under this section against that child;
the welfare of a child younger than 16 years of age, regardless of whether the
person knows or has reason to know the age of the child, and who commits an
offense under this section against that child;
2. Eighteen years of age or older who is employed at a
private school as defined in s. 1002.01; a school as defined in s. 1003.01; or a
voluntary prekindergarten education program as described in s. 1002.53(3)(a),
(b), or (c) and who commits an offense under this section against a student of
the private school, school, or voluntary prekindergarten education program;
or
private school as defined in s. 1002.01; a school as defined in s. 1003.01; or a
voluntary prekindergarten education program as described in s. 1002.53(3)(a),
(b), or (c) and who commits an offense under this section against a student of
the private school, school, or voluntary prekindergarten education program;
or
3. Twenty-four years of age or older who commits an
offense under this section against a child younger than 16 years of age,
regardless of whether the person knows or has reason to know the age of the
child
offense under this section against a child younger than 16 years of age,
regardless of whether the person knows or has reason to know the age of the
child
commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(b) A person who violates this subsection and who has
previously been convicted of or adjudicated delinquent for any violation of this
section commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
previously been convicted of or adjudicated delinquent for any violation of this
section commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(9) For purposes of this section, a person has previously
been convicted of or adjudicated delinquent for a violation of this section if
the violation resulted in a conviction that was sentenced separately, or an
adjudication of delinquency entered separately, prior to the current
offense.
been convicted of or adjudicated delinquent for a violation of this section if
the violation resulted in a conviction that was sentenced separately, or an
adjudication of delinquency entered separately, prior to the current
offense.
History.—s. 1, ch. 2004-39; s. 1, ch.
2008-188.
2008-188.
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