Senate Bill sb1450

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1450

    By Senator Villalobos





    37-525-01

  1                      A bill to be entitled

  2         An act relating to criminal mischief; amending

  3         s. 806.13, F.S.; requiring a person or minor

  4         who commits criminal mischief to pay additional

  5         fines and perform community service; providing

  6         for the parent or legal guardian of a minor to

  7         be liable for payment of a fine; authorizing

  8         the court to decline to order payment of a fine

  9         if the court finds that the person subject to

10         payment of the fine is indigent; deleting

11         provisions authorizing municipalities and

12         counties to establish penalties more severe

13         than the penalties provided by state law;

14         deleting a requirement that the court impose

15         the penalty prescribed by municipal or county

16         ordinance under certain circumstances;

17         providing an effective date.

18

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

20

21         Section 1.  Section 806.13, Florida Statutes, is

22  amended to read:

23         806.13  Criminal mischief; penalties; penalty for

24  minor.--

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

26  mischief if he or she willfully and maliciously injures or

27  damages by any means any real or personal property belonging

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

29  graffiti thereon or other acts of vandalism thereto.

30

31

                                  1

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






    Florida Senate - 2001                                  SB 1450
    37-525-01




  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         4.  If the person has one or more previous convictions

15  for violating this subsection, the offense under subparagraph

16  1. or subparagraph 2. for which the person is charged shall be

17  reclassified as a felony of the third degree, punishable as

18  provided in s. 775.082, s. 775.083, or s. 775.084.

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

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

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

22  contained therein, commits is guilty of a felony of the third

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

24  s. 775.084, if the damage to the property is greater than

25  $200.

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

27  willfully destroys or substantially damages any public

28  telephone, or telephone cables, wires, fixtures, antennas,

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

30  which destruction or damage renders a public telephone

31  inoperative or which opens the body of a public telephone,

                                  2

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






    Florida Senate - 2001                                  SB 1450
    37-525-01




  1  commits is guilty of a felony of the third degree, punishable

  2  as provided in s. 775.082, s. 775.083, or s. 775.084;

  3  provided, however, that a conspicuous notice of the provisions

  4  of this subsection and the penalties provided is posted on or

  5  near the destroyed or damaged instrument and visible to the

  6  public at the time of the commission of the offense.

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

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

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

10  determining the grade of the offense under this section.

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

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

13  the damages caused by such offense.

14         (5)  In addition to any other penalty provided by law,

15  if a minor is found to have committed a delinquent act under

16  this section for placing graffiti on any public property or

17  private property, and:

18         (a)  The minor is eligible by reason of age for a

19  driver's license or driving privilege, the court shall direct

20  the Department of Highway Safety and Motor Vehicles to revoke

21  or withhold issuance of the minor's driver's license or

22  driving privilege for not more than 1 year.

23         (b)  The minor's driver's license or driving privilege

24  is under suspension or revocation for any reason, the court

25  shall direct the Department of Highway Safety and Motor

26  Vehicles to extend the period of suspension or revocation by

27  an additional period of not more than 1 year.

28         (c)  The minor is ineligible by reason of age for a

29  driver's license or driving privilege, the court shall direct

30  the Department of Highway Safety and Motor Vehicles to

31  withhold issuance of the minor's driver's license or driving

                                  3

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






    Florida Senate - 2001                                  SB 1450
    37-525-01




  1  privilege for not more than 1 year after the date on which he

  2  or she would otherwise have become eligible.

  3         (6)  A minor whose driver's license or driving

  4  privilege is revoked, suspended, or withheld under subsection

  5  (5) may elect to reduce the period of revocation, suspension,

  6  or withholding by performing community service at the rate of

  7  1 day for each hour of community service performed.  In

  8  addition, if the court determines that due to a family

  9  hardship, the minor's driver's license or driving privilege is

10  necessary for employment or medical purposes of the minor or a

11  member of the minor's family, the court shall order the minor

12  to perform community service and reduce the period of

13  revocation, suspension, or withholding at the rate of 1 day

14  for each hour of community service performed.  As used in this

15  subsection, the term "community service" means cleaning

16  graffiti from public property.

17         (7)(a)  Because of the difficulty of confronting the

18  blight of graffiti, in addition to any other penalty provided

19  by law, a person who violates this section, or a minor who

20  commits a delinquent act prohibited under this section, shall:

21         1.  Pay a fine of $250 for the first offense, $500 for

22  a second offense, and $1,000 for any subsequent offense; and

23         2.  Perform at least 40 hours of community service and,

24  if possible, perform at least 100 hours of community service

25  that involves the removal of graffiti.

26         (b)  If a minor commits a delinquent act prohibited

27  under this section, the parent or legal guardian of the minor

28  is liable along with the minor for payment of the fine. The

29  court may decline to order a minor or other person to pay a

30  fine under paragraph (a) if the court finds that the parent or

31  legal guardian of the minor, or the person, is indigent and

                                  4

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






    Florida Senate - 2001                                  SB 1450
    37-525-01




  1  does not have the ability to pay the fine. it is the intent of

  2  the Legislature that municipalities and counties not be

  3  preempted by state law from establishing ordinances that

  4  prohibit the marking of graffiti or other graffiti-related

  5  offenses.  Furthermore, as related to graffiti, such

  6  municipalities and counties are not preempted by state law

  7  from establishing higher penalties than those provided by

  8  state law and mandatory penalties when state law provides

  9  discretionary penalties.  Such higher and mandatory penalties

10  include fines that do not exceed the amount specified in ss.

11  125.69 and 162.21, community service, restitution, and

12  forfeiture.  Upon a finding that a juvenile has violated a

13  graffiti-related ordinance, a court acting under chapter 985

14  may not provide a disposition of the case which is less severe

15  than any mandatory penalty prescribed by municipal or county

16  ordinance for such violation.

17         Section 2.  This act shall take effect July 1, 2001.

18

19            *****************************************

20                          SENATE SUMMARY

21    Requires that a person or minor who commits criminal
      mischief to pay, in addition to any other penalty, $250
22    for a first offense, $500 for a second offense, and
      $1,000 for a third or subsequent offense. Requires the
23    person or minor to perform at least 40 hours of community
      service and 100 hours of community service that involves
24    the removing of graffiti. Provides that the parent or
      legal guardian of a minor is liable for payment of a
25    fine. Provides for the court to decline to impose a fine
      if the court finds that the person subject to paying the
26    fine is indigent. Deletes provisions that authorize
      municipalities and counties to establish penalties more
27    severe for graffiti-related offenses than the penalties
      provided by state law. (See bill for details.)
28

29

30

31

                                  5

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