HB 275 / SB 340: New penalties for protests near gas and oil pipelines
Creates a new felony offense for trespassing that could cover some protests near pipelines and other infrastructure that do not involve actual property damage. The law broadly defines “critical infrastructure” to include above or belowground pipelines, as well as a range of other gas, electricity, water, mining, and telecommunications facilities. Under the law, entering onto critical infrastructure property with notice that such entrace was prohibited is a 3rd degree felony offense. As such, protesters who cause no damage but merely enter onto posted property that contains a pipeline in the course of their protest could face felony charges and up to 5 years in prison if convicted. By contrast, trespassing onto private property is generally a 2nd degree misdemeanor, punishable by at most 60 days in jail. The House bill as originally also created an overbroad “improper tampering” felony offense, which would have included any unauthorized action to “change…the physical condition of the property or any portion thereof,” or to “knowingly and intentionally… deface” critical infrastructure property, but these provisions were removed by amendment.
(See full text of bill here)Status: enacted
Introduced 25 Oct 2023; Approved by House 22 February 2024; Approved by Senate 28 February 2024; Signed by Governor DeSantis 17 May 2024
Issue(s): Infrastructure, Trespass