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



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1157

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Crime Prevention, Corrections & Safety

12  offered the following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  Section 806.13, Florida Statutes, is

19  amended to read:

20         806.13  Criminal mischief; penalties; penalty for

21  minor.--

22         (1)(a)  A person commits the offense of criminal

23  mischief if he or she willfully and maliciously injures or

24  damages by any means any real or personal property belonging

25  to another, including, but not limited to, the placement of

26  graffiti thereon or other acts of vandalism thereto.

27         (b)1.  If the damage to such property is $200 or less,

28  it is a misdemeanor of the second degree, punishable as

29  provided in s. 775.082 or s. 775.083.

30         2.  If the damage to such property is greater than $200

31  but less than $1,000, it is a misdemeanor of the first degree,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1157

    Amendment No. 01 (for drafter's use only)





  1  punishable as provided in s. 775.082 or s. 775.083.

  2         3.  If the damage is $1,000 or greater, or if there is

  3  interruption or impairment of a business operation or public

  4  communication, transportation, supply of water, gas or power,

  5  or other public service which costs $1,000 or more in labor

  6  and supplies to restore, it is a felony of the third degree,

  7  punishable as provided in s. 775.082, s. 775.083, or s.

  8  775.084.

  9         4.  If the person has one or more previous convictions

10  for violating this subsection, the offense under subparagraph

11  1. or subparagraph 2. for which the person is charged shall be

12  reclassified as a felony of the third degree, punishable as

13  provided in s. 775.082, s. 775.083, or s. 775.084.

14         (2)  Any person who willfully and maliciously defaces,

15  injures, or damages by any means any church, synagogue,

16  mosque, or other place of worship, or any religious article

17  contained therein, commits is guilty of a felony of the third

18  degree, punishable as provided in s. 775.082, s. 775.083, or

19  s. 775.084, if the damage to the property is greater than

20  $200.

21         (3)  Whoever, without the consent of the owner thereof,

22  willfully destroys or substantially damages any public

23  telephone, or telephone cables, wires, fixtures, antennas,

24  amplifiers, or any other apparatus, equipment, or appliances,

25  which destruction or damage renders a public telephone

26  inoperative or which opens the body of a public telephone,

27  commits is guilty of a felony of the third degree, punishable

28  as provided in s. 775.082, s. 775.083, or s. 775.084;

29  provided, however, that a conspicuous notice of the provisions

30  of this subsection and the penalties provided is posted on or

31  near the destroyed or damaged instrument and visible to the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1157

    Amendment No. 01 (for drafter's use only)





  1  public at the time of the commission of the offense.

  2         (4)  Any person who willfully and maliciously defaces,

  3  injures, or damages by any means a sexually violent predator

  4  detention or commitment facility, as defined in part V of

  5  chapter 394, or any property contained therein, commits is

  6  guilty of a felony of the third degree, punishable as provided

  7  in s. 775.082, s. 775.083, or s. 775.084, if the damage to

  8  property is greater than $200.

  9         (5)(a)  The amounts of value of damage to property

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

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

12  determining the grade of the offense under this section.

13         (b)  Any person who violates this section may, in

14  addition to any other criminal penalty, be required to pay for

15  the damages caused by such offense.

16         (6)(a)  Any person who violates this section where the

17  violation related to the placement of graffiti shall, in

18  addition to any other criminal penalty, be required to pay a

19  fine of:

20         1.  Not less than $250 for a first conviction.

21         2.  Not less than $500 for a second conviction.

22         3.  Not less than $1,000 for a third or subsequent

23  conviction.

24         (b)  Any person convicted under this section where the

25  offense related to the placement of graffiti shall in addition

26  to any other criminal penalty be required to perform at least

27  40 hours of community service and, if possible, perform at

28  least 100 hours of community service that involves the removal

29  of graffiti.

30         (c)  If a minor commits a delinquent act prohibited

31  under paragraph (a), the parent or legal guardian of the minor

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1157

    Amendment No. 01 (for drafter's use only)





  1  is liable along with the minor for payment of the fine.  The

  2  court may decline to order a person to pay a fine under

  3  paragraph (a) if the court finds that the person is indigent

  4  and does not have the ability to pay the fine.

  5         (7)(6)  In addition to any other penalty provided by

  6  law, if a minor is found to have committed a delinquent act

  7  under this section for placing graffiti on any public property

  8  or private property, and:

  9         (a)  The minor is eligible by reason of age for a

10  driver's license or driving privilege, the court shall direct

11  the Department of Highway Safety and Motor Vehicles to revoke

12  or withhold issuance of the minor's driver's license or

13  driving privilege for not more than 1 year.

14         (b)  The minor's driver's license or driving privilege

15  is under suspension or revocation for any reason, the court

16  shall direct the Department of Highway Safety and Motor

17  Vehicles to extend the period of suspension or revocation by

18  an additional period of not more than 1 year.

19         (c)  The minor is ineligible by reason of age for a

20  driver's license or driving privilege, the court shall direct

21  the Department of Highway Safety and Motor Vehicles to

22  withhold issuance of the minor's driver's license or driving

23  privilege for not more than 1 year after the date on which he

24  or she would otherwise have become eligible.

25         (8)(7)  A minor whose driver's license or driving

26  privilege is revoked, suspended, or withheld under subsection

27  (7) (5) may elect to reduce the period of revocation,

28  suspension, or withholding by performing community service at

29  the rate of 1 day for each hour of community service

30  performed.  In addition, if the court determines that due to a

31  family hardship, the minor's driver's license or driving

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1157

    Amendment No. 01 (for drafter's use only)





  1  privilege is necessary for employment or medical purposes of

  2  the minor or a member of the minor's family, the court shall

  3  order the minor to perform community service and reduce the

  4  period of revocation, suspension, or withholding at the rate

  5  of 1 day for each hour of community service performed.  As

  6  used in this subsection, the term "community service" means

  7  cleaning graffiti from public property.

  8         (9)(8)  Because of the difficulty of confronting the

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

10  municipalities and counties not be preempted by state law from

11  establishing ordinances that prohibit the marking of graffiti

12  or other graffiti-related offenses.  Furthermore, as related

13  to graffiti, such municipalities and counties are not

14  preempted by state law from establishing higher penalties than

15  those provided by state law and mandatory penalties when state

16  law provides discretionary penalties.  Such higher and

17  mandatory penalties include fines that do not exceed the

18  amount specified in ss. 125.69 and 162.21, community service,

19  restitution, and forfeiture.  Upon a finding that a juvenile

20  has violated a graffiti-related ordinance, a court acting

21  under chapter 985 may not provide a disposition of the case

22  which is less severe than any mandatory penalty prescribed by

23  municipal or county ordinance for such violation.

24         Section 2.  This act shall take effect July 1, 2002.

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27  ================ T I T L E   A M E N D M E N T ===============

28  And the title is amended as follows:

29         On page 1, line 2,

30  remove:  entire title

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1157

    Amendment No. 01 (for drafter's use only)





  1  and insert:

  2         An act relating to criminal mischief; amending

  3         s. 806.13, F.S.; requiring a person who commits

  4         a criminal mischief offense related to the

  5         placement of graffiti to pay a minimum fine and

  6         perform community service; providing for the

  7         parent or legal guardian of a minor to be

  8         liable for payment of a fine; authorizing the

  9         court to decline to order payment of a fine if

10         the court finds that the person subject to

11         payment of the fine is indigent; providing an

12         effective date.

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