House Bill hb1157e1

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




                                       CS/HB 1157, First Engrossed



  1                      A bill to be entitled

  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 unable to pay the fine

12         under certain circumstances; providing an

13         effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Section 806.13, Florida Statutes, is

18  amended to read:

19         806.13  Criminal mischief; penalties; penalty for

20  minor.--

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

22  mischief if he or she willfully and maliciously injures or

23  damages by any means any real or personal property belonging

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

25  graffiti thereon or other acts of vandalism thereto.

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

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

28  provided in s. 775.082 or s. 775.083.

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

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

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


                                  1

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






                                       CS/HB 1157, First Engrossed



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

  2  interruption or impairment of a business operation or public

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

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

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

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

  7  775.084.

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

  9  for violating this subsection, the offense under subparagraph

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

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

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

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

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

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

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

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

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

19  $200.

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

21  willfully destroys or substantially damages any public

22  telephone, or telephone cables, wires, fixtures, antennas,

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

24  which destruction or damage renders a public telephone

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

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

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

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

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

30  near the destroyed or damaged instrument and visible to the

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


                                  2

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






                                       CS/HB 1157, First Engrossed



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

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

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

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

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

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

  7  property is greater than $200.

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

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

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

11  determining the grade of the offense under this section.

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

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

14  the damages caused by such offense.

15         (6)(a)  Any person who violates this section when the

16  violation is related to the placement of graffiti shall, in

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

18  fine of:

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

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

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

22  conviction.

23         (b)  Any person convicted under this section when the

24  offense is related to the placement of graffiti shall, in

25  addition to any other criminal penalty, be required to perform

26  at least 40 hours of community service and, if possible,

27  perform at least 100 hours of community service that involves

28  the removal of graffiti.

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

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

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


                                  3

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






                                       CS/HB 1157, First Engrossed



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

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

  3  and does not have the ability to pay the fine or if the court

  4  finds that the person does not have the ability to pay the

  5  fine whether or not the person is indigent.

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

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

  8  under this section for placing graffiti on any public property

  9  or private property, and:

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

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

12  the Department of Highway Safety and Motor Vehicles to revoke

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

14  driving privilege for not more than 1 year.

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

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

17  shall direct the Department of Highway Safety and Motor

18  Vehicles to extend the period of suspension or revocation by

19  an additional period of not more than 1 year.

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

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

22  the Department of Highway Safety and Motor Vehicles to

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

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

25  or she would otherwise have become eligible.

26         (8)(7)  A minor whose driver's license or driving

27  privilege is revoked, suspended, or withheld under subsection

28  (7) (5) may elect to reduce the period of revocation,

29  suspension, or withholding by performing community service at

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

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


                                  4

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






                                       CS/HB 1157, First Engrossed



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

  2  privilege is necessary for employment or medical purposes of

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

  4  order the minor to perform community service and reduce the

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

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

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

  8  cleaning graffiti from public property.

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

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

11  municipalities and counties not be preempted by state law from

12  establishing ordinances that prohibit the marking of graffiti

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

14  to graffiti, such municipalities and counties are not

15  preempted by state law from establishing higher penalties than

16  those provided by state law and mandatory penalties when state

17  law provides discretionary penalties.  Such higher and

18  mandatory penalties include fines that do not exceed the

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

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

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

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

23  which is less severe than any mandatory penalty prescribed by

24  municipal or county ordinance for such violation.

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

26

27

28

29

30

31


                                  5

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