Senate Bill sb1432
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Florida Senate - 2001 SB 1432
By Senator Campbell
33-1234-01 See HB
1 A bill to be entitled
2 An act relating to coin-operated vending
3 machines and parking meters; amending s.
4 877.08, F.S.; increasing the penalty for
5 maliciously or mischievously molesting,
6 opening, breaking, injuring, damaging, or
7 making specified insertions into a
8 coin-operated vending machine or parking meter;
9 increasing the penalty for molesting, opening,
10 breaking, injuring, damaging, or making
11 specified insertions into a coin-operated
12 vending machine or parking meter with intent to
13 commit larceny; increasing the penalty for
14 subsequent violations of molesting, opening,
15 breaking, injuring, damaging, or making
16 specified insertions into a coin-operated
17 vending machine or parking meter with intent to
18 commit larceny; providing a condition that
19 specified notice be posted on or near destroyed
20 or damaged coin-operated vending machines and
21 parking meters; providing that violators may be
22 required to make restitution for damages;
23 requiring the court to revoke or suspend the
24 driving privilege, or eligibility therefor, of
25 a minor found to have committed specified
26 delinquent acts; providing for the period of
27 revocation or suspension to be reduced by the
28 performance of community service; providing
29 legislative intent that a county or
30 municipality is not preempted by state law from
31 establishing an ordinance that prohibits the
1
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Florida Senate - 2001 SB 1432
33-1234-01 See HB
1 molesting, opening, breaking, injuring,
2 damaging, or making specified insertions into a
3 coin-operated vending machine or parking meter
4 and penalizes such offenses with higher
5 penalties than those provided by state law or
6 with mandatory penalties; providing that the
7 court may not provide a disposition of the case
8 which is less severe than such higher or
9 mandatory penalties in certain juvenile
10 proceedings for violation of the ordinance;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 877.08, Florida Statutes, is
16 amended to read:
17 877.08 Coin-operated vending machines and parking
18 meters; defined; prohibited acts, penalties.--
19 (1) A "coin-operated vending machine" or "parking
20 meter," for the purposes of this act, is defined to be any
21 machine, contrivance, or device that is adapted for use in
22 such a way that, as the result of the insertion of any piece
23 of money, coin, or other object, the machine, contrivance,
24 parking meter, or device is caused to operate or may be
25 operated and by reason of such operation the user may become
26 entitled to receive any food, drink, telephone or telegraph
27 service, insurance protection, parking privilege or any other
28 personal property, service, protection, right or privilege of
29 any kind or nature whatsoever.
30 (2) Whoever maliciously or mischievously molests,
31 opens, breaks, injures, damages, or inserts any part of her or
2
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Florida Senate - 2001 SB 1432
33-1234-01 See HB
1 his body or any instrument into any coin-operated vending
2 machine or parking meter of another, shall be guilty of a
3 felony misdemeanor of the third second degree, punishable as
4 provided in s. 775.082, or s. 775.083, or s. 775.084;
5 provided, however, that a conspicuous notice of the provisions
6 of subsections (2), (3), and (4) and the penalties provided
7 are posted on or near the destroyed or damaged vending machine
8 or parking meter and visible to the public at the time of the
9 commission of the offense.
10 (3) Whoever molests, opens, breaks, injures, damages,
11 or inserts any part of her or his body or any instrument into
12 any coin-operated vending machine or parking meter of another
13 with intent to commit larceny is guilty of a felony
14 misdemeanor of the third second degree, punishable as provided
15 in s. 775.082, or s. 775.083, or s. 775.084; provided,
16 however, that a conspicuous notice of the provisions of
17 subsections (2), (3), and (4) and the penalties provided are
18 posted on or near the destroyed or damaged vending machine or
19 parking meter and visible to the public at the time of the
20 commission of the offense.
21 (4) Whoever violates the provisions of subsection (3)
22 a second time, and is convicted of such second separate
23 offense, either at the same term or a subsequent term of
24 court, shall be guilty of a felony of the second third degree,
25 punishable as provided in s. 775.082, s. 775.083, or s.
26 775.084.
27 (5) Any person who violates this section may, in
28 addition to any other criminal penalty, be required to pay for
29 the damages caused by such offense.
30 (6) In addition to any other penalty provided by law,
31 if a minor is found to have committed a delinquent act under
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1432
33-1234-01 See HB
1 this section for molesting, opening, breaking, injuring,
2 damaging, or inserting any part of his or her body or any
3 instrument into any coin-operated vending machine or parking
4 meter of another, and:
5 (a) The minor is eligible by reason of age for a
6 driver's license or driving privilege, the court shall direct
7 the Department of Highway Safety and Motor Vehicles to revoke
8 or withhold issuance of the minor's driver's license or
9 driving privilege for not more than 1 year.
10 (b) The minor's driver's license or driving privilege
11 is under suspension or revocation for any reason, the court
12 shall direct the Department of Highway Safety and Motor
13 Vehicles to extend the period of suspension or revocation by
14 an additional period of not more than 1 year.
15 (c) The minor is ineligible by reason of age for a
16 driver's license or driving privilege, the court shall direct
17 the Department of Highway Safety and Motor Vehicles to
18 withhold issuance of the minor's driver's license or driving
19 privilege for not more than 1 year after the date on which he
20 or she would otherwise have become eligible.
21 (7) A minor whose driver's license or driving
22 privilege is revoked, suspended, or withheld under subsection
23 (6) may elect to reduce the period of revocation, suspension,
24 or withholding by performing community service at the rate of
25 1 day for each hour of community service performed. In
26 addition, if the court determines that due to a family
27 hardship, the minor's driver's license or driving privilege is
28 necessary for employment or medical purposes of the minor or a
29 member of the minor's family, the court shall order the minor
30 to perform community service and reduce the period of
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Florida Senate - 2001 SB 1432
33-1234-01 See HB
1 revocation, suspension, or withholding at the rate of 1 day
2 for each hour of community service performed.
3 (8) It is the intent of the Legislature that
4 municipalities and counties not be preempted by state law from
5 establishing ordinances that prohibit the molesting, opening,
6 breaking, injuring, damaging, or inserting any part of his or
7 her body or any instrument into any coin-operated vending
8 machine or parking meter of another. Furthermore, as related
9 to such offenses, such municipalities and counties are not
10 preempted by state law from establishing greater penalties
11 than those provided by state law and mandatory penalties when
12 state law provides discretionary penalties. Such greater and
13 mandatory penalties include fines that do not exceed the
14 amount specified in ss. 125.69 and 162.21, community service,
15 restitution, and forfeiture. Upon a finding that a juvenile
16 has violated an ordinance prohibiting the molesting, opening,
17 breaking, injuring, damaging, or inserting any part of his or
18 her body or any instrument into any coin-operated vending
19 machine or parking meter of another, a court acting under
20 chapter 985 may not provide a disposition of the case which is
21 less severe than any mandatory penalty prescribed by municipal
22 or county ordinance for such violation.
23 Section 2. This act shall take effect upon becoming a
24 law.
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Florida Senate - 2001 SB 1432
33-1234-01 See HB
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2 LEGISLATIVE SUMMARY
3 Increases, from a second degree misdemeanor to a third
degree felony, the penalty for maliciously or
4 mischievously molesting, opening, breaking, injuring,
damaging, or making specified insertions into a
5 coin-operated vending machine or parking meter and the
penalty for committing such acts with intent to commit
6 larceny. Increases, from a third degree felony to a
second degree felony, the penalty for subsequent
7 commission of such acts with intent to commit larceny.
Provides a condition that specified notice be posted on
8 or near destroyed or damaged coin-operated vending
machines and parking meters.
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10 Provides that violators may be required to make
restitution for damages. Requires the court to revoke or
11 suspend the driving privilege, or eligibility therefor,
of a minor found to have committed such specified
12 delinquent acts.
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Provides that a county or municipality is not preempted
14 by state law from establishing an ordinance that
prohibits the commission of such acts and penalizes such
15 offenses with higher penalties than those provided by
state law or with mandatory penalties. Provides that the
16 court may not provide a disposition of the case which is
less severe than such higher or mandatory penalties in
17 certain juvenile proceedings for violation of the
ordinance.
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