| 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. |