CODING: Words stricken are deletions; words underlined are additions.
House Bill 0327




    Florida House of Representatives - 1997                 HB 327

        By Representative Rojas






  1                      A bill to be entitled

  2         An act relating to local graffiti ordinances;

  3         amending s. 806.13, F.S.; providing legislative

  4         intent; providing that a county or municipality

  5         is not preempted by state law from establishing

  6         an ordinance which prohibits the marking of

  7         graffiti or other graffiti-related offense and

  8         penalizes such offense with higher penalties

  9         than those provided by state law or with

10         mandatory community service and mandatory

11         restitution; providing for the court to apply

12         such higher penalties in a delinquency or other

13         proceeding for violation of the ordinance;

14         providing an effective date.

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

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18         Section 1.  Subsection (7) is added to section 806.13,

19  Florida Statutes, to read:

20         806.13  Criminal mischief; penalties; penalty for

21  minor.--

22         (7)  Because of the difficulty of confronting the

23  blight of graffiti, it is the intent of the Legislature that

24  cities and counties not be preempted by state statute from

25  establishing ordinances prohibiting the marking of graffiti or

26  other graffiti-related offenses.  Furthermore, as related to

27  graffiti, such cities and counties shall not be preempted by

28  state statute from establishing higher penalties than those

29  provided by state statute or mandatory penalties or mandatory

30  restitution.  In any proceeding to adjudicate an individual

31  for violation of such ordinance, including petitions for

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






    Florida House of Representatives - 1997                 HB 327

    218-178-97






  1  delinquency under chapter 39, the court shall apply such

  2  higher penalties, mandatory community service, and mandatory

  3  restitution.

  4         Section 2.  This act shall take effect October 1, 1997.

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  7                          HOUSE SUMMARY

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      Provides legislative intent.  Provides that a county or
  9    municipality is not preempted by state law from
      establishing an ordinance which prohibits the marking of
10    graffiti or other graffiti-related offense and penalizes
      such offense with higher penalties than those provided by
11    state law or with mandatory community service and
      mandatory restitution.  Provides for the court to apply
12    such higher penalties in a delinquency or other
      proceeding for violation of the ordinance.
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