Florida 2025 2025 Regular Session

Florida Senate Bill S1828 Analysis / Analysis

Filed 04/09/2025

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Rules  
 
BILL: CS/CS/CS/SB 1828 
INTRODUCER:  Rules Committee; Judiciary Committee; Criminal Justice Committee and Senator Martin 
SUBJECT:  Trespass 
DATE: April 9, 2025 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Wyant Stokes CJ Fav/CS 
2. Bond Cibula JU Fav/CS 
3. Wyant Yeatman RC Fav/CS 
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/CS/CS/SB 1828 amends s. 871.05, F.S., to create a third degree felony offense for 
trespassing in a venue during a covered ticketed event wherein attendance exceeds 5,000 
persons. 
 
The bill amends s. 810.09, F.S., to create a third degree felony for a person that trespasses on 
property that is maintained or secured by federal, state, or local law enforcement when posted. 
 
The bill amends the offense severity ranking chart to reflect the redesignated paragraphs. 
 
The bill may have an indeterminate fiscal impact on the Department of Corrections. See Section 
V. Fiscal Impact Statement. 
 
The bill takes effect upon becoming law. 
II. Present Situation: 
Next year, Miami’s Hard Rock Stadium will host the FIFA World Cup 26. The full match 
schedule for the biggest-ever FIFA World Cup has not been announced, and Miami will house 
four group-stage fixtures as well as a round of 32 games, a quarter-final tie and the bronze final 
REVISED:   BILL: CS/CS/CS/SB 1828   	Page 2 
 
match.
1
 The stadium, which has a capacity of 65,000, has hosted several high-profile matches, 
including the highest grossing soccer match in North American history, El Clasico between Real 
Madrid and FC Barcelona, in 2017.
2
 
 
Section 810.08, F.S., states that a person commits a second degree misdemeanor
3
 offense of 
trespass in a structure
4
 or conveyance,
5
 if:
6
  
• Without being authorized, licensed, or invited, such person willfully enters or remains in any 
structure or conveyance; or, 
• Having been authorized, licensed, or invited, such person is warned by the owner or lessee of 
the premises, or by a person authorized
7
 by the owner or lessee, to depart and refuses to do 
so. 
 
If a person is in the structure or conveyance at the time the offender trespassed, the offense is a 
first degree misdemeanor.
8
 
 
If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself 
while in the structure or conveyance, the trespass offense is a third degree felony.
9,10 
 
Section 871.05, F.S., provides that a person commits a first degree misdemeanor if he or she 
willfully enters or remains in a restricted area during a covered event without being authorized, 
licensed, or invited to enter or remain in such restricted area.
11
 
 
 
1
 FIFA, Miami to Host Seven FIFA World Cup 26 matches, available at: 
https://www.fifa.com/en/tournaments/mens/worldcup/canadamexicousa2026/articles/miami-stadium-host-seven-matches 
(last visited March 18, 2025). 
2
 Hard Rock Stadium, FIFA Announces Miami as Host City for World Cup in 2026 (June 16, 2022) available at: 
https://www.hardrockstadium.com/miami-world-cup-2026-announcement/ (last visited March 18, 2025). 
3
 A second degree misdemeanor is punishable by a term of imprisonment not exceeding 60 days and a fine of up to $500. 
Sections 775.082 and 775.083, F.S. 
4
 “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 ch. 252, F.S., and within the area covered by such executive order or proclamation and for purposes of ss. 
810.02 and 810.08, F.S., 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 wall or roof. Section 810.011(1), F.S. 
5
 “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 state of emergency declared by 
executive order or proclamation of the Governor under ch. 252, F.S., and within the area covered by such executive order or 
proclamation and for purposes of ss. 810.02 and 810.08, F.S., 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. Section 810.011(3), F.S. 
6
 Section 810.08(1), F.S. 
7
 As used in this section, “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. Section 810.08(3), F.S. 
8
 Section 810.08(2)(b), F.S. 
9
 A third degree felony is generally punishable by not more than 5 years in state prison and a fine not exceeding $5,000. 
Section 775.082 and 775.083, F.S. 
10
 Section 810.08(2)(c), F.S. 
11
 “Restricted area” means any area designated for use by players, coaches, officials, performers, or other personnel 
administering a covered event that is on or adjacent to, the area of play or performance. Section 871.05(1)(c), F.S.  BILL: CS/CS/CS/SB 1828   	Page 3 
 
“Covered event” means an athletic competition or practice, including one conducted in a public 
venue, or a live artistic, theatrical, or other entertainment performance event. The duration of 
such event includes the period from the time when the venue is held open to the public for such 
event until the end of the athletic competition or performance event.
12
 
III. Effect of Proposed Changes: 
The bill amends s. 871.05, F.S., to create a third degree felony offense for a person to willfully 
enter or remain in a venue, unless authorized, licensed, or invited to enter or remain, during a 
covered ticketed event wherein attendance exceeds 5,000 persons.  
 
The bill amends s. 810.09, F.S., to create a third degree felony for a person that trespasses on 
property that is maintained or secured by federal, state, or local law enforcement when posted. 
The signage must state:   
 
THIS AREA IS A DESIGNATED RESTRICTED SITE SECURED BY LAW 
ENFORCEMENT, AND ANYONE WHO TRESPASSES ON THIS PROPERTY 
COMMITS A FELONY. 
 
The bill takes effect upon becoming law. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
The bill does not appear to require the cities and counties to expend funds or limit their 
authority to raise revenue or receive state-shared revenues as specified by Article VII, s. 
18 of the State Constitution. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
 
12
 Section 871.05(1)(a), F.S.  BILL: CS/CS/CS/SB 1828   	Page 4 
 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
The bill may have a positive indeterminate prison bed impact due to the creation of a new 
third degree felony offense. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends sections 810.09, 871.05 and 921.0022 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS/CS/CS by Rules on April 9, 2025: 
The committee substitute replaces the October 1, 2025, effective date to become effective 
upon becoming law. 
 
CS/CS by Judiciary on April 1, 2025: 
The committee substitute replaces references to “structure” with the more accurate term 
“venue.” 
 
CS by Criminal Justice on March 25, 2025: 
The committee substitute: 
• Amends s. 871.05, F.S., to create the crime of trespass in a ticketed covered event. 
• Creates a third degree felony offense for anyone who trespasses when a site is secured 
by federal, state, or local law enforcement, which is posted.  BILL: CS/CS/CS/SB 1828   	Page 5 
 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.