Bill Text: FL S0270 | 2024 | Regular Session | Comm Sub

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Bill Title: Lethal Projectiles Over or Across Private Lands

Spectrum: Bipartisan Bill

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

Download: Florida-2024-S0270-Comm_Sub.html

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       Florida Senate - 2024                              CS for SB 270
       
       
        
       By the Committee on Criminal Justice; and Senator Berman
       
       
       
       
       
       591-02644-24                                           2024270c1
    1                        A bill to be entitled                      
    2         An act relating to lethal projectiles over or across
    3         private lands; amending s. 810.09, F.S.; prohibiting a
    4         person from willfully and knowingly propelling any
    5         potentially lethal projectile over or across private
    6         lands without authorization; providing exceptions;
    7         providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (h) of subsection (2) of section
   12  810.09, Florida Statutes, is amended, and subsection (1) of that
   13  section is republished, to read:
   14         810.09 Trespass on property other than structure or
   15  conveyance.—
   16         (1)(a) A person who, without being authorized, licensed, or
   17  invited, willfully enters upon or remains in any property other
   18  than a structure or conveyance:
   19         1. As to which notice against entering or remaining is
   20  given, either by actual communication to the offender or by
   21  posting, fencing, or cultivation as described in s. 810.011; or
   22         2. If the property is the unenclosed curtilage of a
   23  dwelling and the offender enters or remains with the intent to
   24  commit an offense thereon, other than the offense of trespass,
   25  
   26  commits the offense of trespass on property other than a
   27  structure or conveyance.
   28         (b) As used in this section, the term “unenclosed
   29  curtilage” means the unenclosed land or grounds, and any
   30  outbuildings, that are directly and intimately adjacent to and
   31  connected with the dwelling and necessary, convenient, and
   32  habitually used in connection with that dwelling.
   33         (2)
   34         (h) Any person who willfully and in taking or attempting to
   35  take any animal described in s. 379.101(19) or (20), or in
   36  killing, attempting to kill, or endangering any animal described
   37  in s. 585.01(13) knowingly propels or causes to be propelled any
   38  potentially lethal projectile over or across private land
   39  without authorization commits trespass, a felony of the third
   40  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   41  775.084. For purposes of this paragraph, the term “potentially
   42  lethal projectile” includes any projectile launched from any
   43  firearm, bow, crossbow, or similar tensile device. This
   44  paragraph section does not apply:
   45         1. To any governmental agent or employee acting within the
   46  scope of his or her official duties;
   47         2. To a person lawfully defending life or property or
   48  performing official duties requiring the discharge of a
   49  potentially lethal projectile; or
   50         3. If, under the circumstances, the discharge of a
   51  potentially lethal projectile does not pose a reasonably
   52  foreseeable risk to life, safety, or property.
   53         Section 2. This act shall take effect October 1, 2024.