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F.S. 806.13 on Google Scholar

F.S. 806.13 on Casetext

Amendments to 806.13


The 2022 Florida Statutes

Title XLVI
CRIMES
Chapter 806
ARSON AND CRIMINAL MISCHIEF
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F.S. 806.13 Florida Statutes and Case Law
806.13 Criminal mischief; penalties; penalty for minor.
(1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.
(b)1. If the damage to such property is $200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
2. If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
3. If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4. If the person has one or more previous convictions for violating this subsection, the offense under subparagraph 1. or subparagraph 2. for which the person is charged shall be reclassified as a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Any person who willfully and maliciously defaces, injures, or damages by any means any church, synagogue, mosque, or other place of worship, or any religious article contained therein, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the damage to the property is greater than $200.
(3) Any person who, without the consent of the owner thereof, willfully and maliciously defaces, injures, or otherwise damages by any means a memorial or historic property, as defined in s. 806.135(1), and the value of the damage to the memorial or historic property is greater than $200, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A court shall order any person convicted of violating this subsection to pay restitution, which shall include the full cost of repair or replacement of such memorial or historic property.
(4) Whoever, without the consent of the owner thereof, willfully destroys or substantially damages any public telephone, or telephone cables, wires, fixtures, antennas, amplifiers, or any other apparatus, equipment, or appliances, which destruction or damage renders a public telephone inoperative or which opens the body of a public telephone, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; provided, however, that a conspicuous notice of the provisions of this subsection and the penalties provided is posted on or near the destroyed or damaged instrument and visible to the public at the time of the commission of the offense.
(5) Any person who willfully and maliciously defaces, injures, or damages by any means a sexually violent predator detention or commitment facility, as defined in part V of chapter 394, or any property contained therein, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the damage to property is greater than $200.
(6)(a) The amounts of value of damage to property owned by separate persons, if the property was damaged during one scheme or course of conduct, may be aggregated in determining the grade of the offense under this section.
(b) Any person who violates this section may, in addition to any other criminal penalty, be required to pay for the damages caused by such offense.
(7)(a) Any person who violates this section when the violation is related to the placement of graffiti shall, in addition to any other criminal penalty, be required to pay a fine of:
1. Not less than $250 for a first conviction.
2. Not less than $500 for a second conviction.
3. Not less than $1,000 for a third or subsequent conviction.
(b) Any person convicted under this section when the offense is related to the placement of graffiti shall, in addition to any other criminal penalty, be required to perform at least 40 hours of community service and, if possible, perform at least 100 hours of community service that involves the removal of graffiti.
(c) If a minor commits a delinquent act prohibited under paragraph (a), the parent or legal guardian of the minor is liable along with the minor for payment of the fine. The court may decline to order a person to pay a fine under paragraph (a) if the court finds that the person is indigent and does not have the ability to pay the fine or if the court finds that the person does not have the ability to pay the fine whether or not the person is indigent.
(8) In addition to any other penalty provided by law, if a minor is found to have committed a delinquent act under this section for placing graffiti on any public property or private property, and:
(a) The minor is eligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to revoke or withhold issuance of the minor’s driver license or driving privilege for not more than 1 year.
(b) The minor’s driver license or driving privilege is under suspension or revocation for any reason, the court may direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period of not more than 1 year.
(c) The minor is ineligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for not more than 1 year after the date on which he or she would otherwise have become eligible.
(9) A minor whose driver license or driving privilege is revoked, suspended, or withheld under subsection (8) may elect to reduce the period of revocation, suspension, or withholding by performing community service at the rate of 1 day for each hour of community service performed. In addition, if the court determines that due to a family hardship, the minor’s driver license or driving privilege is necessary for employment or medical purposes of the minor or a member of the minor’s family, the court shall order the minor to perform community service and reduce the period of revocation, suspension, or withholding at the rate of 1 day for each hour of community service performed. As used in this subsection, the term “community service” means cleaning graffiti from public property.
(10) Because of the difficulty of confronting the blight of graffiti, it is the intent of the Legislature that municipalities and counties not be preempted by state law from establishing ordinances that prohibit the marking of graffiti or other graffiti-related offenses. Furthermore, as related to graffiti, such municipalities and counties are not preempted by state law from establishing higher penalties than those provided by state law and mandatory penalties when state law provides discretionary penalties. Such higher and mandatory penalties include fines that do not exceed the amount specified in ss. 125.69 and 162.21, community service, restitution, and forfeiture. Upon a finding that a juvenile has violated a graffiti-related ordinance, a court acting under chapter 985 may not provide a disposition of the case which is less severe than any mandatory penalty prescribed by municipal or county ordinance for such violation.
History.s. 27, ch. 74-383; s. 20, ch. 75-298; s. 1, ch. 82-21; s. 1, ch. 86-281; s. 1, ch. 88-273; s. 183, ch. 91-224; s. 1, ch. 95-164; s. 1231, ch. 97-102; s. 1, ch. 98-93; s. 1, ch. 98-415; s. 5, ch. 2001-244; s. 117, ch. 2002-1; s. 1, ch. 2002-163; s. 35, ch. 2019-167; s. 10, ch. 2021-6.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 806.13 on Google Scholar

F.S. 806.13 on Casetext

Amendments to 806.13


Arrestable Offenses / Crimes under Fla. Stat. 806.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

806.13 1b1 - DAMAGE PROP-CRIM MISCH - 200 DOLS AND UNDER - M: S
806.13 1b1 - DAMAGE PROP-CRIM MISCH - 200 DOLS OR LESS SUBSQ OFF - F: T
806.13 1b2 - DAMAGE PROP-CRIM MISCH - OVER 200 DOLS UNDER 1000 DOLS - M: F
806.13 1b2 - DAMAGE PROP-CRIM MISCH - OVER 200 UNDER 1000 DOLS SUBSQ OFF - F: T
806.13 1b3 - DAMAGE PROP-CRIM MISCH - 1000 DOLS OR MORE - F: T
806.13 2 - DAMAGE PROP-CRIM MISCH - CHURCH SYNAGOGUE MOSQUE OR RELIGIOUS ARTICLE - F: T
806.13 3 - DAMAGE PROP-CRIM MISCH - PUBLIC PHONE CABLES FIXTURES EQUIPMENT ETC - F: T
806.13 4 - DAMAGE PROP-CRIM MISCH - SEX VIOL PRED FACILITY - F: T


Civil Citations / Citable Offenses under S806.13
R or S next to points is Mandatory Revocation or Suspension

S806.13 Criminal Mischief (under 18 years of age) [See 806.13(5)] - Points on Drivers License: 0 S
S806.13 Criminal Mischief (under 18 years of age) [See 806.13(5)] NOTE: Criminal Mischief (Under 18 years of age) (If court does not direct to suspend) (When UTC is written) Does not go on driver record as a conviction) Do not send Court Orders unless Court directs Revocation/Suspension. - Points on Drivers License: 0


Annotations, Discussions, Cases:

  1. State v. N.P

    913 So. 2d 1 (Fla. Dist. Ct. App. 2005)   Cited 5 times
    We note that section 806.13(6) appears to contain an internal conflict. While the sanction of a fine pursuant to section 806.13(6)(a) may not be applied to minors because the violator must be "convicted," section 806.13(6)(c) expressly applies to minors and provides that if a minor "commits a delinquent act prohibited by paragraph (a), the parent or legal guardian of the minor is liable along with the minor for payment of the fine."
  2. Todd v. State

    643 So. 2d 625 (Fla. Dist. Ct. App. 1994)   Cited 13 times
    Appellant's reliance on Texas Monthly, Inc. v. Bullock, 489 U.S. 1, 109 S.Ct. 890, 103 L.Ed.2d 1 (1989), for the notion that a statute which confers a benefit only on religious institutions or organizations cannot have a secular purpose, to prove that section 806.13 necessarily lacks a secular purpose is misplaced for two reasons. First, Bullock dealt with a tax exemption which directly benefited religious organizations as it granted the exemption to religious literature. Here, the statute does not directly benefit religious organizations in that it merely increases the penalty when criminal mischief is committed to houses of worship. Carter. Second, unlike Bullock, where the exemption only applied to religious literature, an increased penalty under section 806.13 also applies to criminal mischief involving telephone services. § 806.13(3), Fla. Stat. (1991). Thus, Bullock does not compel a finding of a nonsecular purpose.
    PAGE 630
  3. Harrigan was charged and tried in a Florida state court for (1) fleeing to elude a law enforcement officer, in violation of Fla. Stat. § 316.1935(3)(a) ; (2) reckless driving, in violation of Fla. Stat. § 316.192(1) ; (3) leaving the scene of an accident involving property damage, in violation of Fla. Stat. § 316.061(1) ; (4) driving with a suspended license, in violation of Fla Stat. § 322.34(2)(a) ; (5) resisting an officer without violence, in violation of Fla. Stat. § 843.02 ; (6) aggravated assault on a law enforcement officer, in violation of Fla. Stat. §§ 784.021, 784.07, 775.0823 ; (7) grand theft vehicle, in violation of Fla. Stat. § 812.014(2)(c) ; and (8) criminal mischief, in violation of Fla. Stat. § 806.13(1). The jury returned general guilty verdicts on all counts. Harrigan was sentenced to 35 years’ imprisonment and remains incarcerated. Harrigan appealed his convictions; the Third District Court of Appeal affirmed, see Harrigan v. State, 184 So. 3d 657 (Fla. 3rd DCA 2016), and the Florida Supreme Court denied his petition for review, see Harrigan v. State, No. SC16-329, 2016 WL 3017712 (Fla. May 26, 2016).
    PAGE 1189
  4. Plaintiffs Jansen, Kampia, and Rumenap had full access to the polls; their votes were cast; their votes were duly counted as write-in votes, as required by Section 806.12; and their votes would have been further tabulated on a candidate-by-candidate basis, pursuant to Section 806.13, if there had been a sufficient number of write-ins to have a determinative effect on the election. Accordingly, any burden placed by Section 806.13 on Jansen, Kampia, and Rumenap's right to vote is slight.
    PAGE 17
  5. Standard Jury Instructions — Crim. Cases

    603 So. 2d 1175 (Fla. 1992)   Cited 43 times

    Criminal mischief — Attempt 806.13(1)(b)1 Criminal mischief — 806.13(1)(b)2 Criminal mischief — 806.13(1)(b)3 Criminal mischief — 806.13(2) Criminal mischief — None Attempt 806.13(1)(b)1 CHARGED OFFENSES CATEGORY

    mischief — Criminal mischief — Attempt 806.13(1)(b)2 806.13(1)(b)1 Criminal mischief — Criminal mischief — Attempt 806.13(1)(b)3 806.13(1)(b)1 Criminal mischief — 806.13(1)(b)2 Burglary with assault or Burglary

  6. Perez v. State

    162 So. 3d 1139 (Fla. Dist. Ct. App. 2015)   Cited 3 times
    The statute proscribing criminal mischief delineates the degree of crime based on the amount of property damage the defendant causes. See§ 806.13(1)(b), Fla. Stat. (2011). If the damage is $200 or less, the crime is a second-degree misdemeanor. § 806.13(1)(b)(1). If the damage is greater than $200 but less than $1000, the crime is a first-degree misdemeanor. § 806.13(1)(b)(2). And, if the damage is $1000 or greater, the crime is a third-degree felony. § 806.13(1)(b)(3). Perez was convicted of first-degree misdemeanor criminal mischief for causing greater than $200 but less than $1000 in damage. See§ 806.13(1)(b)(2). He argues that the evidence was insufficient to establish that the two end tables he destroyed were worth at least $200.
    PAGE 1140
  7. Standard Jury Instructions in Crim. Cases

    723 So. 2d 123 (Fla. 1998)   Cited 28 times

    800.02 800.03 800.02 800.04 784.011 784.03 800.02 806.01 806.01 806.13 806.13 806.13 806.13 806.111 806.13 806.13 806.13 806.13 806.13 806.13 810.02 810.02 784.045 784.03 784.021 784.011 810.02 810.08 810

  8. Marrero v. State

    71 So. 3d 881 (Fla. 2011)   Cited 37 times
    Due process guarantees that the State must prove each essential element of an offense beyond a reasonable doubt. See State v. Barnum, 921 So.2d 513, 519 (Fla.2005) (citing Fiore v. White, 531 U.S. 225, 229, 121 S.Ct. 712, 148 L.Ed.2d 629 (2001)). Section 806.13, Florida Statutes (2006), provides, in part:
    PAGE 885
  9. In re Cresci

    175 A.D.3d 1670 (N.Y. App. Div. 2019)   Cited 25 times
    AGC now moves to impose discipline upon respondent in this state pursuant to Rules for Attorney Disciplinary Matters ( 22 NYCRR) § 1240.13 and Rules of the Appellate Division, Third Department (22 NYCRR) § 806.13 based upon the discipline imposed in New Jersey. Respondent opposes the motion, claiming that he was deprived of due process in the New Jersey disciplinary proceedings and that there was an infirmity of proof establishing his misconduct in that state (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.13 [b][1], [2] ), to which defenses AGC has submitted a reply with leave of the Court (see Rules of App.Div., 3d Dept [ 22 NYCRR] § 806.13 [c] ). We have also heard the parties at oral argument and considered their supplemental submissions.
    PAGE 1672
  10. State v. Dickey

    928 So. 2d 1193 (Fla. 2006)   Cited 75 times
    In February 1996, Herbert Dickey pled no contest to charges of criminal mischief and failure to appear, both third-degree felonies with statutory, five-year maximum sentences. See §§ 806.13(1)(b)(3), 843.15, Fla. Stat. (1995). After determining that the plea was voluntarily entered, the court accepted it and, pursuant to a plea agreement on the criminal mischief charge, withheld adjudication and sentenced Dickey to two years' probation, which would terminate early upon Dickey's paying restitution. On the failure-to-appear charge, the court also withheld adjudication and sentenced Dickey to a concurrent two-year probationary term.
    PAGE 1195