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

House Bill 0327c1

Florida House of Representatives - 1997 CS/HB 327 By the Committee on Crime & Punishment and Representative Rojas 1 A bill to be entitled 2 An act relating to criminal mischief; amending 3 s. 806.13, F.S., relating to criminal mischief 4 offenses and penalties; providing for 5 reclassification of a misdemeanor violation of 6 said section involving less than $1,000 7 property damage when the offender has one or 8 more prior convictions under said section; 9 providing legislative intent; providing that a 10 county or municipality is not preempted by 11 state law from establishing an ordinance which 12 prohibits the marking of graffiti or other 13 graffiti-related offense and penalizes such 14 offense with higher penalties than those 15 provided by state law or with mandatory 16 penalties; providing for the court to provide a 17 disposition of the case no less severe than 18 such higher or mandatory penalties in certain 19 juvenile proceedings for violation of the 20 ordinance; amending s. 901.15, F.S., relating 21 to circumstances for arrest without a warrant; 22 providing for such arrest when there is 23 probable cause to believe the person has 24 committed criminal mischief or a 25 graffiti-related offense; providing an 26 effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 327 189-818-97 1 Section 1. Paragraph (b) of subsection (1) of section 2 806.13, Florida Statutes, is amended, and subsection (7) is 3 added to said section, to read: 4 806.13 Criminal mischief; penalties; penalty for 5 minor.-- 6 (1)(a) A person commits the offense of criminal 7 mischief if he willfully and maliciously injures or damages by 8 any means any real or personal property belonging to another, 9 including, but not limited to, the placement of graffiti 10 thereon or other acts of vandalism thereto. 11 (b)1. If the damage to such property is $200 or less, 12 it is a misdemeanor of the second degree, punishable as 13 provided in s. 775.082 or s. 775.083. 14 2. If the damage to such property is greater than $200 15 but less than $1,000, it is a misdemeanor of the first degree, 16 punishable as provided in s. 775.082 or s. 775.083. 17 3. If the damage is $1,000 or greater, or if there is 18 interruption or impairment of a business operation or public 19 communication, transportation, supply of water, gas or power, 20 or other public service which costs $1,000 or more in labor 21 and supplies to restore, it is a felony of the third degree, 22 punishable as provided in s. 775.082, s. 775.083, or s. 23 775.084. 24 4. If the person has one or more previous convictions 25 for violating this subsection, the offense under subparagraph 26 1. or subparagraph 2. for which the person is charged shall be 27 reclassified as a felony of the third degree, punishable as 28 provided in s. 775.082, s. 775.083, or s. 775.084. 29 (7) Because of the difficulty of confronting the 30 blight of graffiti, it is the intent of the Legislature that 31 cities and counties not be preempted by state law from 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 327 189-818-97 1 establishing ordinances prohibiting the marking of graffiti or 2 other graffiti-related offenses. Furthermore, as related to 3 graffiti, such cities and counties shall not be preempted by 4 state law from establishing higher penalties than those state 5 law provides and mandatory penalties when state law provides 6 discretionary penalties. Such higher and mandatory penalties 7 include fines, community service, restitution, and forfeiture. 8 Upon a finding that a juvenile has violated a graffiti-related 9 ordinance, no court acting under chapter 39 shall provide a 10 disposition of the case that is less severe than any mandatory 11 penalties prescribed by municipal or county ordinance for such 12 violation. 13 Section 2. Paragraph (d) is added to subsection (7) of 14 section 901.15, Florida Statutes, 1996 Supplement, to read: 15 901.15 When arrest by officer without warrant is 16 lawful.--A law enforcement officer may arrest a person without 17 a warrant when: 18 (7) There is probable cause to believe that the person 19 has committed: 20 (d) An act of criminal mischief or graffiti-related 21 offense as defined in s. 806.13. 22 23 With respect to an arrest for an act of domestic violence, the 24 decision to arrest shall not require consent of the victim or 25 consideration of the relationship of the parties. A law 26 enforcement officer who acts in good faith and exercises due 27 care in making an arrest under this subsection is immune from 28 civil liability that otherwise might result by reason of his 29 action. 30 Section 3. This act shall take effect October 1, 1997. 31 3