HB 533 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0533-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to Melbourne -Tillman Water Control 2
District, Brevard County; amending ch. 2001 -336, Laws 3
of Florida, as amended; providing requirements for 4
establishing an offense of trespass; requiring certain 5
signage for trespass on posted land and providing 6
requirements therefor; providing prima facie evidence 7
of intent to trespass; defining the term "unlawful 8
dumping"; providing requirements for certain l aw 9
enforcement agencies; providing immunity for certain 10
law enforcement officers; providing an effective date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Section 33 is added to section 3 of chapter 15
2001-336, Laws of Florida, as amended by chapters 2019 -175, 16
2010-253, and 2003-334, Laws of Florida, to read: 17
Section 33. Trespass. —For purposes of chapter 810, Florida 18
Statutes, establishing an offense of trespass, as it relates to 19
lands owned by the District, shall requir e all of the following: 20
(1) Posted land, as defined in section 810.011(5), Florida 21
Statutes, shall require placement of signs at or near the 22
intersection of a District canal right -of-way and a road right -23
of-way and shall comply with the lettering and siz e requirements 24
of that section. 25
HB 533 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0533-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) The unlawful dumping by any person of any personal 26
property of any kind on or in a District canal right -of-way is 27
prima facie evidence of the intention of such person to commit 28
an act of trespass. For purposes of this subsection, the term 29
"unlawful dumping" shall mean dumping, placing, throwing, 30
discarding, depositing, disposing of, draining, or discharging 31
the following items, including, but not limited to, any item of 32
personal property; fluids; tires; household items; appliances; 33
garbage; vehicles; trucks; trailers; motorhomes; vessels; farm 34
machinery or equipment; sheds; garden, landscaping, tree, or 35
yard debris; fencing; construction materials; hazardous waste as 36
defined by any state or federal regulatory agency; hum an or 37
animal waste; pharmaceuticals of any kind; fertilizers; or any 38
substance in any form resulting from domestic, industrial, 39
commercial, mining, agriculture, or government operations in or 40
upon a District canal right -of-way without the express written 41
consent of the District Board of Directors or the District 42
manager or his or her designee. 43
(3) Upon contact from the District, the law enforcement 44
agency in whose jurisdiction any alleged trespass of District 45
property has occurred shall respond and arrest either on or off 46
any District canal right -of-way or any other District property, 47
facility, or equipment and with or without warrant any person 48
the officer has probable cause to believe has committed the 49
offense of trespass upon any District canal right -of-way or any 50
HB 533 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0533-00
Page 3 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other District property, facility, or equipment, or has 51
otherwise violated subsection (2). Such arrest shall not render 52
the law enforcement officer criminally or civilly liable for 53
false arrest, false imprisonment, or unlawful detention. 54
Section 2. This act shall take effect upon becoming a law. 55