(1) Whoever willfully and maliciously breaks down, mars, injures, defaces, cuts, or otherwise creates or causes to be created an opening, gap, interruption, or break in any fence, or any part thereof, belonging to or enclosing land not his or her own, or whoever causes to be broken down, marred, injured, defaced, or cut any fence belonging to or enclosing land not his or her own, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who commits a second or subsequent offense under this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) If the offender breaks or injures a fence as provided in subsection (1) and the fence or any part thereof is used to contain animals at the time of the offense, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) The court may require full compensation to the owner of the fence for any and all damages or losses resulting directly or indirectly from the act or commission pursuant to s. 775.089.
History.—s. 1, ch. 78-256; s. 35, ch. 88-381; s. 189, ch. 91-224; s. 5, ch. 93-37; s. 1234, ch. 97-102; s. 1, ch. 2003-50; s. 6, ch. 2007-244.
Structure Florida Statutes
Chapter 810 - Burglary and Trespass
810.015 - Legislative Findings and Intent; Burglary.
810.06 - Possession of Burglary Tools.
810.07 - Prima Facie Evidence of Intent.
810.08 - Trespass in Structure or Conveyance.
810.09 - Trespass on Property Other Than Structure or Conveyance.
810.095 - Trespass on School Property With Firearm or Other Weapon Prohibited.
810.097 - Trespass Upon Grounds or Facilities of a School; Penalties; Arrest.
810.0975 - School Safety Zones; Definition; Trespass Prohibited; Penalty.
810.10 - Posted Land; Removing Notices Unlawful; Penalty.
810.11 - Placing Signs Adjacent to Highways; Penalty.
810.115 - Breaking or Injuring Fences.
810.12 - Unauthorized Entry on Land; Prima Facie Evidence of Trespass.
810.125 - Injury to Certain Trespassers on Agricultural Land; Recovery Limited.
810.13 - Cave Vandalism and Related Offenses.