Senate Bill 0772
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 772
By Senator Gutman
34-767-98
1 A bill to be entitled
2 An act relating to criminal mischief; amending
3 s. 806.13, F.S.; authorizing the court to
4 aggregate the value of damage to separate
5 properties in determining the sentence for an
6 offense of criminal mischief in which the
7 damage occurred during one scheme or course of
8 conduct; providing an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Subsections (1), (2), and (3) of section
13 806.13, Florida Statutes, are reenacted and subsection (4) of
14 that section is amended, to read:
15 806.13 Criminal mischief; penalties; penalty for
16 minor.--
17 (1)(a) A person commits the offense of criminal
18 mischief if he or she willfully and maliciously injures or
19 damages by any means any real or personal property belonging
20 to another, including, but not limited to, the placement of
21 graffiti thereon or other acts of vandalism thereto.
22 (b)1. If the damage to such property is $200 or less,
23 it is a misdemeanor of the second degree, punishable as
24 provided in s. 775.082 or s. 775.083.
25 2. If the damage to such property is greater than $200
26 but less than $1,000, it is a misdemeanor of the first degree,
27 punishable as provided in s. 775.082 or s. 775.083.
28 3. If the damage is $1,000 or greater, or if there is
29 interruption or impairment of a business operation or public
30 communication, transportation, supply of water, gas or power,
31 or other public service which costs $1,000 or more in labor
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 772
34-767-98
1 and supplies to restore, it is a felony of the third degree,
2 punishable as provided in s. 775.082, s. 775.083, or s.
3 775.084.
4 (2) Any person who willfully and maliciously defaces,
5 injures, or damages by any means any church, synagogue,
6 mosque, or other place of worship, or any religious article
7 contained therein, is guilty of a felony of the third degree,
8 punishable as provided in s. 775.082, s. 775.083, or s.
9 775.084, if the damage to the property is greater than $200.
10 (3) Whoever, without the consent of the owner thereof,
11 willfully destroys or substantially damages any public
12 telephone, or telephone cables, wires, fixtures, antennas,
13 amplifiers, or any other apparatus, equipment, or appliances,
14 which destruction or damage renders a public telephone
15 inoperative or which opens the body of a public telephone, is
16 guilty of a felony of the third degree, punishable as provided
17 in s. 775.082, s. 775.083, or s. 775.084; provided, however,
18 that a conspicuous notice of the provisions of this subsection
19 and the penalties provided is posted on or near the destroyed
20 or damaged instrument and visible to the public at the time of
21 the commission of the offense.
22 (4)(a) In determining a penalty under this section,
23 the court may aggregate the value of damage to property owned
24 by separate owners if the property was damaged during one
25 scheme or course of conduct.
26 (b) Any person who violates this section may, in
27 addition to any other criminal penalty, be required to pay for
28 the damages caused by such offense.
29 Section 2. This act shall take effect July 1, 1998.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 772
34-767-98
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2 SENATE SUMMARY
3 Provides that in determining the sentence to be imposed
for criminal mischief, the court may aggregate the value
4 of damage to property owned by separate owners if the
property was damaged during one scheme or course of
5 conduct.
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