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 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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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, |
18 | defaces, cuts, or otherwise creates or causes to be created an |
19 | opening, gap, interruption, or break in any fence, or any part |
20 | thereof, belonging to or enclosing land not his or her own, or |
21 | whoever causes to be broken down, marred, injured, defaced, or |
22 | cut any fence belonging to or enclosing land not his or her own, |
23 | commits a misdemeanor of the first degree, punishable as |
24 | provided in s. 775.082 or s. 775.083. A person who commits a |
25 | second or subsequent offense under this subsection commits a |
26 | felony of the third degree, punishable as provided in s. |
27 | 775.082, s. 775.083, or s. 775.084. |
28 | (b) If an offender breaks or injures a fence as provided |
29 | in 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 |
34 | of 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 October 1, 2008. |