1

A bill to be entitled

2

An act relating to surveyors and mappers; amending s.

3

472.029, F.S.; prohibiting surveyors and mappers and their

4

subordinates from breaking or injuring fences on

5

agricultural land; providing penalties; providing for

6

restitution for damages or losses; providing an effective

7

date.

8

9

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

10

11

     Section 1.  Subsection (3) is added to section 472.029,

12

Florida Statutes, to read:

13

     472.029  Authorization to enter lands of third parties;

14

conditions.--

15

     (3) BREAKING OR INJURING FENCES ON AGRICULTURAL LAND.--

16

     (a) Any person authorized to enter lands pursuant to

17

subsection (1) who willfully breaks down, mars, injures, defaces,

18

cuts, or otherwise creates or causes to be created an opening,

19

gap, interruption, or break in any fence, or any part thereof,

20

belonging to or enclosing land not his or her own, or whoever

21

causes to be broken down, marred, injured, defaced, or cut any

22

fence belonging to or enclosing land not his or her own, commits

23

a misdemeanor of the first degree, punishable as provided in s.

24

775.082 or s. 775.083. A person who commits a second or

25

subsequent offense under this subsection commits a felony of the

26

third degree, punishable as provided in s. 775.082, s. 775.083,

27

or s. 775.084.

28

     (b) If an offender breaks or injures a fence as provided in

29

paragraph (a) and the fence or any part thereof is used to

30

contain animals at the time of the offense, the offender commits

31

a felony of the third degree, punishable as provided in s.

32

775.082, s. 775.083, or s. 775.084.

33

     (c) The court may require full compensation to the owner of

34

the damaged fence for any and all damages or losses resulting

35

directly or indirectly from the act or commission pursuant to s.

36

775.089.

37

     (d) This subsection applies only to land classified as

38

agricultural pursuant to s. 193.461.

39

     Section 2.  This act shall take effect July 1, 2008.