Senate Bill 0772c1

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



    Florida Senate - 1998                            CS for SB 772

    By the Committee on Criminal Justice and Senators Gutman and
    Brown-Waite




    307-1758-98

  1                      A bill to be entitled

  2         An act relating to criminal mischief; amending

  3         s. 806.13, F.S.; authorizing the aggregation of

  4         the value of damage to separate properties in

  5         determining the grade of the offense for

  6         criminal mischief in which the damage occurred

  7         during one scheme or course of conduct;

  8         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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    Florida Senate - 1998                            CS for SB 772
    307-1758-98




  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)  The amounts of value of damage to property

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

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

25  determining the grade of the offense under this section.

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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    Florida Senate - 1998                            CS for SB 772
    307-1758-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 772

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  4  It allows the aggregation of the value of property damage to
    occur when the offense is charged, not when the defendant is
  5  sentenced for criminal mischief.

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