Senate Bill 0772e1

CODING: Words stricken are deletions; words underlined are additions.







    CS for SB 772                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to criminal justice; amending

  3         s. 806.13, F.S.; authorizing the aggregation of

  4         the value of damage to separate properties in

  5         determining the grade of the offense for

  6         criminal mischief in which the damage occurred

  7         during one scheme or course of conduct;

  8         creating s. 810.14, F.S.; prohibiting a person

  9         from secretly observing or committing other

10         acts against another person with lewd,

11         lascivious, or indecent intent when the other

12         person is in a location that provides a

13         reasonable expectation of privacy; providing

14         that a person may be convicted and sentenced

15         separately for the voyeurism offense and for

16         any other criminal offense; providing for

17         criminal penalties; providing an effective

18         date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Subsections (1), (2), and (3) of section

23  806.13, Florida Statutes, are reenacted and subsection (4) of

24  that section is amended, to read:

25         806.13  Criminal mischief; penalties; penalty for

26  minor.--

27         (1)(a)  A person commits the offense of criminal

28  mischief if he or she willfully and maliciously injures or

29  damages by any means any real or personal property belonging

30  to another, including, but not limited to, the placement of

31  graffiti thereon or other acts of vandalism thereto.


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 772                                  First Engrossed



  1         (b)1.  If the damage to such property is $200 or less,

  2  it is a misdemeanor of the second degree, punishable as

  3  provided in s. 775.082 or s. 775.083.

  4         2.  If the damage to such property is greater than $200

  5  but less than $1,000, it is a misdemeanor of the first degree,

  6  punishable as provided in s. 775.082 or s. 775.083.

  7         3.  If the damage is $1,000 or greater, or if there is

  8  interruption or impairment of a business operation or public

  9  communication, transportation, supply of water, gas or power,

10  or other public service which costs $1,000 or more in labor

11  and supplies to restore, it is a felony of the third degree,

12  punishable as provided in s. 775.082, s. 775.083, or s.

13  775.084.

14         (2)  Any person who willfully and maliciously defaces,

15  injures, or damages by any means any church, synagogue,

16  mosque, or other place of worship, or any religious article

17  contained therein, is guilty of a felony of the third degree,

18  punishable as provided in s. 775.082, s. 775.083, or s.

19  775.084, if the damage to the property is greater than $200.

20         (3)  Whoever, without the consent of the owner thereof,

21  willfully destroys or substantially damages any public

22  telephone, or telephone cables, wires, fixtures, antennas,

23  amplifiers, or any other apparatus, equipment, or appliances,

24  which destruction or damage renders a public telephone

25  inoperative or which opens the body of a public telephone, is

26  guilty of a felony of the third degree, punishable as provided

27  in s. 775.082, s. 775.083, or s. 775.084; provided, however,

28  that a conspicuous notice of the provisions of this subsection

29  and the penalties provided is posted on or near the destroyed

30  or damaged instrument and visible to the public at the time of

31  the commission of the offense.


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 772                                  First Engrossed



  1         (4)(a)  The amounts of value of damage to property

  2  owned by separate persons, if the property was damaged during

  3  one scheme or course or conduct, may be aggregated in

  4  determining the grade of the offense under this section.

  5         (b)  Any person who violates this section may, in

  6  addition to any other criminal penalty, be required to pay for

  7  the damages caused by such offense.

  8         Section 2.  Section 810.14, Florida Statutes, is

  9  created to read:

10         810.14  Voyeurism prohibited; penalties.--

11         (1)  A person commits the offense of voyeurism when he

12  or she, with lewd, lascivious, or indecent intent, secretly

13  observes, photographs, films, videotapes, or records another

14  person when such other person is located in a dwelling,

15  structure, or conveyance and such location provides a

16  reasonable expectation of privacy.

17         (2)  A person may be convicted of and sentenced

18  separately for a violation of this section and for any other

19  criminal offense, including, but not limited to, burglary,

20  trespass, or loitering.

21         (3)  A person who violates this section commits:

22         (a)  A misdemeanor of the first degree for the first

23  violation, punishable as provided in s. 775.082 or s. 775.083.

24         (b)  A felony of the third degree for a second or

25  subsequent violation, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084.

27         Section 3.  This act shall take effect July 1, 1998.

28

29

30

31


                                  3