Section 810.13 Cave
vandalism and related offenses
(1) DEFINITIONS - As used in this act:
(a) "Cave" means any void, cavity, recess, or system of
interconnecting passages which naturally occurs beneath the surface of the
earth or within a cliff or ledge, including natural subsurface water and
drainage systems but not including any mine, tunnel, aqueduct, or other manmade
excavation, and which is large enough to permit a person to enter. The word
"cave" includes any cavern, natural pit, or sinkhole, which is an
extension of an entrance to a cave.
(b) "Cave life" means any life form, which is indigenous to a cave or
to a cave ecosystem.
(c) "Gate" means any structure or device located to limit or
prohibits access or entry to a cave.
(d) "Owner" means a person who owns title to land where a cave is
located, including a person who holds a leasehold estate in such land; the
state or any of its agencies, departments, boards, bureaus, commissions, or
authorities; or any county, municipality, or other political subdivision of the
state.
(e) "Person" means any individual, partnership, firm, association,
trust, corporation, or other legal entity.
(f) "Sinkhole" means a closed topographic depression or basin,
generally draining underground, including, but not restricted to, a doline,
limesink, or sink.
(g) "Speleogen" means an erosional feature of a cave boundary,
including, but not restricted to, anastomoses, scallops, rills, flutes,
spongework, or pendants.
(h) "Speleothem" means a natural mineral formation or deposit
occurring in a cave, including, but not restricted to, a stalagmite,
stalactite, helictite, anthodite, gypsum flower, gypsum needle, angel hair,
soda straw, drapery, bacon, cave pearl, popcorn (coral), rimstone dam, column,
or flowstone. Speleothems are commonly composed of calcite, epsomite, gypsum,
aragonite, celestite, or other similar minerals.
(2) VANDALISM - It is unlawful for any person, without the prior written
permission of the owner, to:
(a) Break, break off, crack, carve upon, write upon, burn, mark upon, remove,
or in any manner destroy, disturb, deface, mar, or harm the surfaces of any
cave or any natural material which may be found therein, whether attached or
broken, including speleothems, speleogens, or sedimentary deposits. This
paragraph does not prohibit minimal disturbance or removal for scientific
inquiry.
(b) Break, force, tamper with, or otherwise disturb a lock, gate, door, or
other obstruction designed to control or prevent access to a cave, even though
entrance thereto may not be gained.
(c) Remove, deface, or
tamper with a sign stating that a cave is posted or citing provisions of this
act.
(3) CAVE
(4) POLLUTION
(5)
(6) PENALTIES - Any person who violates subsection (2), subsection (3),
subsection (4), or subsection (5) is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s.775.083.
History. --ss. 8, 9, 10, 11, 12, 13, Ch. 80-356; s. 486, Ch. 81-259