| 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; requiring |
| 10 | identification of surveyors and mappers and their |
| 11 | subordinates; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsections (3) and (4) are added to section |
| 16 | 472.029, Florida Statutes, to read: |
| 17 | 472.029 Authorization to enter lands of third parties; |
| 18 | conditions.-- |
| 19 | (3) BREAKING OR INJURING FENCES ON AGRICULTURAL LAND.-- |
| 20 | (a) Any person authorized to enter lands pursuant to |
| 21 | subsection (1) who willfully and maliciously breaks down, mars, |
| 22 | injures, defaces, cuts, or otherwise creates or causes to be |
| 23 | created an opening, gap, interruption, or break in any fence, or |
| 24 | any part thereof, belonging to or enclosing land not his or her |
| 25 | own, or whoever willfully and maliciously causes to be broken |
| 26 | down, marred, injured, defaced, or cut any fence belonging to or |
| 27 | enclosing land not his or her own, commits a misdemeanor of the |
| 28 | first degree, punishable as provided in s. 775.082 or s. |
| 29 | 775.083. A person who commits a second or subsequent offense |
| 30 | under this subsection commits a felony of the third degree, |
| 31 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 32 | (b) If an offender willfully and maliciously breaks or |
| 33 | injures a fence as provided in paragraph (a) and the fence or |
| 34 | any part thereof is used to contain livestock as defined in s. |
| 35 | 588.13(1) at the time of the offense, the offender commits a |
| 36 | felony of the third degree, punishable as provided in s. |
| 37 | 775.082, s. 775.083, or s. 775.084. |
| 38 | (c) The court may require full compensation to the owner |
| 39 | of the damaged fence for any and all damages or losses resulting |
| 40 | directly or indirectly from the act or commission pursuant to s. |
| 41 | 775.089. |
| 42 | (d) This subsection applies only to land classified as |
| 43 | agricultural pursuant to s. 193.461. |
| 44 | (e) Nothing in this subsection shall be construed to |
| 45 | restrict or modify the rights of entry or authority granted to |
| 46 | surveyors and mappers or their subordinates under subsection |
| 47 | (1). |
| 48 | (4) NOTICE AND IDENTIFICATION.--Notwithstanding any other |
| 49 | provision of this section, surveyors, mappers, and their |
| 50 | subordinates authorized to enter lands pursuant to subsection |
| 51 | (1) shall clearly display an identification badge or other |
| 52 | insignia on their person which prominently indicates the person |
| 53 | is a surveyor or mapper or is a subordinate of a surveyor or |
| 54 | mapper. The badge or other insignia shall also clearly display |
| 55 | the name of the employer of the surveyor, mapper, or |
| 56 | subordinate. |
| 57 | Section 2. This act shall take effect October 1, 2008. |