| 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 willfully and maliciously breaking or |
| 5 | injuring fences on agricultural land; providing penalties; |
| 6 | prohibiting offenders from willfully and maliciously |
| 7 | breaking or injuring fences containing livestock; |
| 8 | providing penalties; providing for restitution for damages |
| 9 | or losses; providing for construction; providing an |
| 10 | effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (3) is added to section 472.029, |
| 15 | Florida Statutes, to read: |
| 16 | 472.029 Authorization to enter lands of third parties; |
| 17 | conditions.-- |
| 18 | (3) BREAKING OR INJURING FENCES ON AGRICULTURAL LAND.-- |
| 19 | (a) Any person authorized to enter lands pursuant to |
| 20 | subsection (1) who willfully and maliciously breaks down, mars, |
| 21 | injures, defaces, cuts, or otherwise creates or causes to be |
| 22 | created an opening, gap, interruption, or break in any fence, or |
| 23 | any part thereof, belonging to or enclosing land not his or her |
| 24 | own, or whoever willfully and maliciously causes to be broken |
| 25 | down, marred, injured, defaced, or cut any fence belonging to or |
| 26 | enclosing land not his or her own, commits a misdemeanor of the |
| 27 | first degree, punishable as provided in s. 775.082 or s. |
| 28 | 775.083. A person who commits a second or subsequent offense |
| 29 | under this subsection commits a felony of the third degree, |
| 30 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 31 | (b) If an offender willfully and maliciously breaks or |
| 32 | injures a fence as provided in paragraph (a) and the fence or |
| 33 | any part thereof is used to contain livestock as defined in s. |
| 34 | 588.13(1) at the time of the offense, the offender commits a |
| 35 | felony of the third degree, punishable as provided in s. |
| 36 | 775.082, s. 775.083, or s. 775.084. |
| 37 | (c) The court may require full compensation to the owner |
| 38 | of the damaged fence for any and all damages or losses resulting |
| 39 | directly or indirectly from the act or commission pursuant to s. |
| 40 | 775.089. |
| 41 | (d) This subsection applies only to land classified as |
| 42 | agricultural pursuant to s. 193.461. |
| 43 | (e) Nothing in this subsection shall be construed to |
| 44 | restrict or modify the rights of entry or authority granted to |
| 45 | surveyors and mappers or their subordinates under subsection |
| 46 | (1). |
| 47 | Section 2. This act shall take effect October 1, 2008. |