Bill Amendment: FL S0270 | 2024 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Lethal Projectiles Over or Across Private Lands

Status: 2024-03-08 - Died in Rules [S0270 Detail]

Download: Florida-2024-S0270-Senate_Committee_Amendment_134914.html

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       Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 270
       
       
       
       
       
       
                                Ì134914)Î134914                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Criminal Justice (Berman) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) and paragraph (h) of subsection
    6  (2) of section 810.09, Florida Statutes, is amended to read
    7         810.09 Trespass on property other than structure or
    8  conveyance.—
    9         (1)(a) A person who, without being authorized, licensed, or
   10  invited, willfully enters upon or remains in any property other
   11  than a structure or conveyance:
   12         1. As to which notice against entering or remaining is
   13  given, either by actual communication to the offender or by
   14  posting, fencing, or cultivation as described in s. 810.011; or
   15         2. If the property is the unenclosed curtilage of a
   16  dwelling and the offender enters or remains with the intent to
   17  commit an offense thereon, other than the offense of trespass,
   18  
   19  commits the offense of trespass on property other than a
   20  structure or conveyance.
   21         (b) As used in this section, the term “unenclosed
   22  curtilage” means the unenclosed land or grounds, and any
   23  outbuildings, that are directly and intimately adjacent to and
   24  connected with the dwelling and necessary, convenient, and
   25  habitually used in connection with that dwelling.
   26         (2)
   27         (h) Any person who in taking or attempting to take any
   28  animal described in s. 379.101(19) or (20), or in killing,
   29  attempting to kill, or endangering any animal described in s.
   30  585.01(13) willfully and knowingly propels or causes to be
   31  propelled any potentially lethal projectile over or across
   32  private land without authorization commits trespass, a felony of
   33  the third degree, punishable as provided in s. 775.082, s.
   34  775.083, or s. 775.084. For purposes of this paragraph, the term
   35  “potentially lethal projectile” includes any projectile launched
   36  from any firearm, bow, crossbow, or similar tensile device. This
   37  paragraph section does not apply:
   38         1. To any governmental agent or employee acting within the
   39  scope of his or her official duties;
   40         2. To a person lawfully defending life or property or
   41  performing official duties requiring the discharge of a
   42  potentially lethal projectile; or
   43         3. If, under the circumstances, the discharge of a
   44  potentially lethal projectile does not pose a reasonably
   45  foreseeable risk to life, safety, or property.
   46         Section 2. This act shall take effect October 1, 2024.
   47  
   48  ================= T I T L E  A M E N D M E N T ================
   49  And the title is amended as follows:
   50         Delete everything before the enacting clause
   51  and insert:
   52                        A bill to be entitled                      
   53         An act relating to lethal projectiles over or across
   54         private lands; amending s. 810.09, F.S.; prohibiting a
   55         person from knowingly and willfully propelling a
   56         projectile over or across private lands; providing
   57         exceptions; providing an effective date.