§ 246-3. Excavating, digging, etc., county roads prohibited.

(a)

It shall be unlawful to obstruct, dig up or in any way disturb any county road or any part thereof; provided, however, that this shall not prevent the installation or replacement of poles for telephone or telegraph or electric light lines in accordance with the provisions of law now existing or that may hereinafter be enacted.

(b)

Anyone who violates any of the terms of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine not to exceed $500.00 or by imprisonment not to exceed six months, or by both fine and imprisonment in the discretion of the court.

(Laws of Fla. ch. 13932 (1929), §§ 5, 6)

Editor's note

The specific penalty provided for in the above section is unconstitutional and unenforceable as a special act may not prescribe punishment for crime. See Fla. Const. art. III, § 11. However as the section makes a violation a misdemeanor, such violation is punishable as a misdemeanor of the second degree. See F.S. §§ 775.08—775.083; Delmonico v. State, § 155 So.2d 368 (Fla. 1963); Lynch v. Durrance, 77 So.2d 489 (Fla. 1955); Jannett v. Windham, 109 Fla. 129, 147 So. 296 (1933); reh. denied, 109 Fla. 129, 153 So. 784, aff'd. 290 U.S. 602.