HB 789

1
A bill to be entitled
2An act relating to surveyors and mappers; amending s.
3472.029, F.S.; prohibiting surveyors and mappers and their
4subordinates from breaking or injuring fences on
5agricultural land; providing penalties; providing for
6restitution for damages or losses; providing an effective
7date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (3) is added to section 472.029,
12Florida Statutes, to read:
13     472.029  Authorization to enter lands of third parties;
14conditions.--
15     (3)  BREAKING OR INJURING FENCES ON AGRICULTURAL LAND.--
16     (a)  Any person authorized to enter lands pursuant to
17subsection (1) who willfully breaks down, mars, injures,
18defaces, cuts, or otherwise creates or causes to be created an
19opening, gap, interruption, or break in any fence, or any part
20thereof, belonging to or enclosing land not his or her own, or
21whoever causes to be broken down, marred, injured, defaced, or
22cut any fence belonging to or enclosing land not his or her own,
23commits a misdemeanor of the first degree, punishable as
24provided in s. 775.082 or s. 775.083. A person who commits a
25second or subsequent offense under this subsection commits a
26felony of the third degree, punishable as provided in s.
27775.082, s. 775.083, or s. 775.084.
28     (b)  If an offender breaks or injures a fence as provided
29in paragraph (a) and the fence or any part thereof is used to
30contain animals at the time of the offense, the offender commits
31a felony of the third degree, punishable as provided in s.
32775.082, s. 775.083, or s. 775.084.
33     (c)  The court may require full compensation to the owner
34of the damaged fence for any and all damages or losses resulting
35directly or indirectly from the act or commission pursuant to s.
36775.089.
37     (d)  This subsection applies only to land classified as
38agricultural pursuant to s. 193.461.
39     Section 2.  This act shall take effect October 1, 2008.


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