CODING: Words stricken are deletions; words underlined are additions.
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Senators Gutman and Kirkpatrick moved the following
amendment:
SENATE AMENDMENT
Bill No. CS/HB 3709, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senators Gutman and Kirkpatrick moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsections (1), (2), and (3) of section
18 806.13, Florida Statutes, are reenacted and subsection (4) of
19 that section is amended, to read:
20 806.13 Criminal mischief; penalties; penalty for
21 minor.--
22 (1)(a) A person commits the offense of criminal
23 mischief if he or she willfully and maliciously injures or
24 damages by any means any real or personal property belonging
25 to another, including, but not limited to, the placement of
26 graffiti thereon or other acts of vandalism thereto.
27 (b)1. If the damage to such property is $200 or less,
28 it is a misdemeanor of the second degree, punishable as
29 provided in s. 775.082 or s. 775.083.
30 2. If the damage to such property is greater than $200
31 but less than $1,000, it is a misdemeanor of the first degree,
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SENATE AMENDMENT
Bill No. CS/HB 3709, 1st Eng.
Amendment No.
1 punishable as provided in s. 775.082 or s. 775.083.
2 3. If the damage is $1,000 or greater, or if there is
3 interruption or impairment of a business operation or public
4 communication, transportation, supply of water, gas or power,
5 or other public service which costs $1,000 or more in labor
6 and supplies to restore, it is a felony of the third degree,
7 punishable as provided in s. 775.082, s. 775.083, or s.
8 775.084.
9 (2) Any person who willfully and maliciously defaces,
10 injures, or damages by any means any church, synagogue,
11 mosque, or other place of worship, or any religious article
12 contained therein, is guilty of a felony of the third degree,
13 punishable as provided in s. 775.082, s. 775.083, or s.
14 775.084, if the damage to the property is greater than $200.
15 (3) Whoever, without the consent of the owner thereof,
16 willfully destroys or substantially damages any public
17 telephone, or telephone cables, wires, fixtures, antennas,
18 amplifiers, or any other apparatus, equipment, or appliances,
19 which destruction or damage renders a public telephone
20 inoperative or which opens the body of a public telephone, is
21 guilty of a felony of the third degree, punishable as provided
22 in s. 775.082, s. 775.083, or s. 775.084; provided, however,
23 that a conspicuous notice of the provisions of this subsection
24 and the penalties provided is posted on or near the destroyed
25 or damaged instrument and visible to the public at the time of
26 the commission of the offense.
27 (4)(a) The amounts of value of damage to property
28 owned by separate persons, if the property was damaged during
29 one scheme or course or conduct, may be aggregated in
30 determining the grade of the offense under this section.
31 (b) Any person who violates this section may, in
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SENATE AMENDMENT
Bill No. CS/HB 3709, 1st Eng.
Amendment No.
1 addition to any other criminal penalty, be required to pay for
2 the damages caused by such offense.
3 Section 2. Section 810.14, Florida Statutes, is
4 created to read:
5 810.14 Voyeurism prohibited; penalties.--
6 (1) A person commits the offense of voyeurism when he
7 or she, with lewd, lascivious, or indecent intent, secretly
8 observes, photographs, films, videotapes, or records another
9 person when such other person is located in a dwelling,
10 structure, or conveyance and such location provides a
11 reasonable expectation of privacy.
12 (2) A person who violates this section commits a
13 misdemeanor of the first degree for the first violation,
14 punishable as provided in s. 775.082, s. 775.083, or s.
15 775.084.
16 (3) A person who violates this section and who has
17 been previously convicted or adjudicated delinquent two or
18 more times of any violation of this section commits a felony
19 of the third degree, punishable as provided in s. 775.082, s.
20 775.083, or s. 775.084.
21 (4) For purposes of this section, a person has been
22 previously convicted or adjudicated delinquent of a violation
23 of this section if the violation resulted in a conviction
24 sentenced separately, or an adjudication of delinquency
25 entered separately, prior to the current offense.
26 Section 3. This act shall take effect July 1, 1998.
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30 And the title is amended as follows:
31 Delete everything before the enacting clause
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11:41 AM 04/30/98 h3709.cj34.7j
SENATE AMENDMENT
Bill No. CS/HB 3709, 1st Eng.
Amendment No.
1 and insert:
2 A bill to be entitled
3 An act relating to criminal justice; amending
4 s. 806.13, F.S.; authorizing the aggregation of
5 the value of damage to separate properties in
6 determining the grade of the offense for
7 criminal mischief in which the damage occurred
8 during one scheme or course of conduct;
9 creating s. 810.14, F.S.; prohibiting a person
10 from secretly observing or committing other
11 acts against another person with lewd,
12 lascivious, or indecent intent when the other
13 person is in a location that provides a
14 reasonable expectation of privacy; providing
15 for criminal penalties; defining a previous
16 conviction or adjudication of delinquency;
17 providing an effective date.
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11:41 AM 04/30/98 h3709.cj34.7j