Florida Statutes

Fla. Stat. § 339.28 (2025)

Willful and malicious damage to boundary marks, guideposts, lampposts, etc. on transportation facility.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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339.28 Willful and malicious damage to boundary marks, guideposts, lampposts, etc. on transportation facility.—

(1) Any person who willfully and maliciously damages, removes, or destroys any milestone, mileboard, or guideboard erected upon a highway or other public transportation facility, or willfully and maliciously defaces or alters the inscription on any such marker, or breaks or removes any lamp or lamppost or railing or post erected on any transportation facility, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Any person who violates the provisions of subsection (1) is civilly liable to the department for the actual damages which he or she caused, which damages may be recovered by suit and, when collected, shall be paid into the State Treasury to the credit of the State Transportation Trust Fund.

History.—s. 159, ch. 29965, 1955; s. 240, ch. 71-136; s. 222, ch. 84-309; s. 504, ch. 95-148.

Arrestable Offenses under F.S. 339.28

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§339.28DAMAGE PROP-PUBLICDMG/REMOVE RD SIGN BOUNDARY MARKER GUIDEPOSTM · 2nd

§339.28PUBLIC ORDER CRIMESERROR--NO SUCH OFFENSE IN THIS SECTIONM · 1st

Notes of Decisions

Cited in 1 case, 1970–1970 · leading case: Grizzard v. City of Leesburg, 34 Fla. Supp. 58 (Fla. Cir. Ct., Lake Cty. 1970).

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Grizzard v. City of Leesburg, 34 Fla. Supp. 58 (Fla. Cir. Ct., Lake Cty. 1970). “§339.28, F.S. Parenthetically it has never been made clear to the court why the defendants denied the existence of the marker, which their general denial did, and in the next breath claim the benefit of that very marker as an estoppel or as starting the running of the statute of…”

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