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A bill to be entitled

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An act relating to surveyors and mappers; amending s.

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

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subordinates from willfully and maliciously breaking or

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injuring fences on agricultural land; providing penalties;

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prohibiting offenders from willfully and maliciously

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breaking or injuring fences containing livestock;

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providing penalties; providing for restitution for damages

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or losses; providing for construction; providing an

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effective date.

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

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

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Florida Statutes, to read:

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     472.029  Authorization to enter lands of third parties;

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conditions.--

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

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     (a) Any person authorized to enter lands pursuant to

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subsection (1) who willfully and maliciously breaks down, mars,

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injures, defaces, cuts, or otherwise creates or causes to be

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created an opening, gap, interruption, or break in any fence, or

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any part thereof, belonging to or enclosing land not his or her

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own, or whoever willfully and maliciously causes to be broken

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down, marred, injured, defaced, or cut any fence belonging to or

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

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

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A person who commits a second or subsequent offense under this

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subsection commits a felony of the third degree, punishable as

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

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     (b) If an offender willfully and maliciously breaks or

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injures a fence as provided in paragraph (a) and the fence or any

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part thereof is used to contain livestock as defined in s.

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588.13(1) at the time of the offense, the offender commits a

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felony of the third degree, punishable as provided in s. 775.082,

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s. 775.083, or s. 775.084.

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

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the damaged fence for any and all damages or losses resulting

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

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775.089.

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     (d) This subsection applies only to land classified as

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agricultural pursuant to s. 193.461.

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     (e) Nothing in this subsection shall be construed to

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restrict or modify the rights of entry or authority granted to

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surveyors and mappers or their subordinates under subsection (1).

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