Florida Statute 810.115 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 810
BURGLARY AND TRESPASS

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810.115 Breaking or injuring fences.—

(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.

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Amendments to 810.115

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 810.115

Level: Degree
Misdemeanor/Felony: First/Second/Third

S810.115 1 - DAMAGE PROP-CRIM MISCH - BREAK OR INJURE FENCE 2ND SUBSQ OFF - F: T

S810.115 2 - DAMAGE PROP-CRIM MISCH - BREAK INJURE FENCE CONTAIN ANIMALS - F: T

S810.115 - DAMAGE PROP-CRIM MISCH - BREAK INJURE FENCE - M: F

Cases Citing Statute 810.115

Total Results: 3 | Sort by: Relevance | Newest First

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Floyd B. Hutton, Anna v. Hutton v. Sheriff Thomas Strickland, Individually & as Sheriff of Holmes Cnty., Florida, 919 F.2d 1531 (11th Cir. 1990).

Cited 70 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 22233, 1990 WL 194407

...Section 810.09, Florida Statutes, defines misdemeanor trespass as the unauthorized and uninvited entry on property which is posted; the offender’s refusal to leave after being ordered to do so constitutes a misdemeanor of the first degree. 7 See R.C.W. v. State, 507 So.2d 700 (Fla.Dist.Ct. App.1987). Additionally, section 810.115, Florida Statutes, makes willfully cutting a fence enclosing another’s property a first-degree misdemeanor....

...— Whoever willfully and maliciously breaks down, mars, injures, or cuts any fence, or any part thereof, belonging to or enclosing land not his own, or whoever causes to be broken down, marred, injured, or cut any fence belonging to or enclosing land not his own, shall be guilty of a misdemeanor of the first degree.... § 810.115, Fla.Stat....

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In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-09, 122 So. 3d 263 (Fla. 2013).

Cited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 617, 2013 Fla. LEXIS 1893, 2013 WL 4734579

Dissemination under Fla. Stat. 810.115(3) for an image created in violation of Fla. Stat. 810.115(2) (a) and (b)

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Barlow v. State, 171 So. 3d 777 (Fla. 2d DCA 2015).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 11321, 2015 WL 4557000

...When they arrived, they observed that part of the fence enclosing the pasture had been knocked down. They also found Barlow and his truck, as well as some grazing bulls, inside the fenced area. The felony charge, breaking or injuring fences used to contain animals, § 810.115(2), Fla....