Senate Bill sb1480c2

    Florida Senate - 2003                    CS for CS for SB 1480

    By the Committees on Judiciary; Criminal Justice; and Senators
    Alexander and Lynn




    308-2124-03

  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.

  7  

  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)  If the offender breaks or injures a fence as

23  provided in subsection (1) and the fence or any part thereof

24  is used to contain animals at the time of the offense, the

25  offender commits a felony of the third degree, punishable as

26  provided in s. 775.082, s. 775.083, or s. 775.084.

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

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

29  directly or indirectly from the act or commission pursuant to

30  s. 775.089.

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

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    Florida Senate - 2003                    CS for CS for SB 1480
    308-2124-03




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

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 4  Clarifies that the felony offense consists of the lesser
    included offense of breaking or injuring a fence.
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CODING: Words stricken are deletions; words underlined are additions.