Senate Bill sb1480c1

    Florida Senate - 2003                           CS for SB 1480

    By the Committee on Criminal Justice; and Senator Alexander





    307-1946-03

  1                      A bill to be entitled

  2         An act relating to breaking or damaging fences;

  3         amending s. 810.115, F.S.; providing a felony

  4         penalty if animals are contained by the fence

  5         at the time of the offense; providing an

  6         effective date.

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  8  Be It Enacted by the Legislature of the State of Florida:

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10         Section 1.  Section 810.115, Florida Statutes, is

11  amended to read:

12         810.115  Breaking or injuring fences.--

13         (1)  Whoever willfully and maliciously breaks down,

14  mars, injures, defaces, cuts, or otherwise creates or causes

15  to be created an opening, gap, interruption, or break in any

16  fence, or any part thereof, belonging to or enclosing land not

17  his or her own, or whoever causes to be broken down, marred,

18  injured, defaced, or cut any fence belonging to or enclosing

19  land not his or her own, commits a misdemeanor of the first

20  degree, punishable as provided in s. 775.082 or s. 775.083.,

21  and

22         (2)  The offender commits a felony of the third degree,

23  punishable as provided in s. 775.082, s. 775.083, or s.

24  775.084, if the fence or any part thereof is used to contain

25  animals at the time of the offense.

26         (3)  The court may require full compensation to the

27  owner of the fence for any and all damages or losses resulting

28  directly or indirectly from the act or commission pursuant to

29  s. 775.089.

30         Section 2.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                           CS for SB 1480
    307-1946-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1480

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 4  The CS amends s. 810.115, F.S., by adding a felony penalty
    where an offender maliciously causes an opening or gap in a
 5  fence that is used to contain animals at the time of the
    offense. Senate Bill 1480 created a new section of statute to
 6  accomplish that purpose.

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CODING: Words stricken are deletions; words underlined are additions.