Florida Senate - 2017                                     SB 418
       
       
        
       By Senator Steube
       
       23-00463-17                                            2017418__
    1                        A bill to be entitled                      
    2         An act relating to a Soldiers’ and Heroes’ Monuments
    3         and Memorials Protection Act; providing a short title;
    4         amending s. 806.13, F.S.; providing criminal penalties
    5         for criminal mischief that causes damage to certain
    6         remembrances erected to honor or commemorate a
    7         soldier, a historical military figure, a military
    8         organization, a military unit, a law enforcement
    9         officer, a firefighter, or an astronaut; defining the
   10         term “remembrance”; conforming a cross-reference;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. This act may be cited as the “Soldiers’ and
   16  Heroes’ Monuments and Memorials Protection Act.”
   17         Section 2. Present subsections (5) through (9) of section
   18  806.13, Florida Statutes, are redesignated as subsections (6)
   19  through (10), respectively, present subsection (8) is amended,
   20  and a new subsection (5) is added to that section, to read:
   21         806.13 Criminal mischief; penalties; penalty for minor.—
   22         (5)(a) A person may not willfully and maliciously damage or
   23  deface by any means a remembrance that is owned by a
   24  governmental entity or museum, a historical society, or a
   25  similar organization or that is located in a cemetery or on a
   26  grave or tomb. As used in this subsection, the term
   27  “remembrance” means an exhibit; artwork, including a painting, a
   28  stained glass work, or a statue; a monument; a memorial; a
   29  nameplate; a historical marker; a symbol, including a religious
   30  symbol; a tombstone; a plaque; a historical flag display; a
   31  fountain; or a similar object that was made to honor or
   32  commemorate:
   33         1. A soldier or military figure who served 1 or more of the
   34  original 13 colonies, the United States, or a territory that
   35  became part of the United States;
   36         2. A military organization or military unit of 1 or more of
   37  the original 13 colonies, the United States, or a territory that
   38  became part of the United States; or
   39         3. A law enforcement officer, a firefighter, or an
   40  astronaut serving the National Aeronautics and Space
   41  Administration.
   42         (b) A person who violates this subsection commits a felony
   43  of the third degree, punishable as provided in s. 775.082, s.
   44  775.083, or s. 775.084.
   45         (9)(8) A minor whose driver license or driving privilege is
   46  revoked, suspended, or withheld under subsection (8) (7) may
   47  elect to reduce the period of revocation, suspension, or
   48  withholding by performing community service at the rate of 1 day
   49  for each hour of community service performed. In addition, if
   50  the court determines that due to a family hardship, the minor’s
   51  driver license or driving privilege is necessary for employment
   52  or medical purposes of the minor or a member of the minor’s
   53  family, the court shall order the minor to perform community
   54  service and reduce the period of revocation, suspension, or
   55  withholding at the rate of 1 day for each hour of community
   56  service performed. As used in this subsection, the term
   57  “community service” means cleaning graffiti from public
   58  property.
   59         Section 3. This act shall take effect October 1, 2017.