Florida Statute 806.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 806
ARSON AND CRIMINAL MISCHIEF

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F.S. 806.13

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) A person who unlawfully detains or occupies or trespasses upon a residential dwelling and who intentionally damages the dwelling causing $1,000 or more in damages commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) 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.

(6) 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.

(7) A person may not knowingly and intentionally display or project, using any medium, an image onto a building, structure, or other property without the written consent of the owner of the building, structure, or property. For purposes of this subsection, the term “image” means a visual representation or likeness of a person or object, including text, graphics, logos, other artwork, or any combination thereof.

(a) A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A person who violates this subsection by displaying or projecting an image that contains a credible threat, as that term is defined in s. 784.048(1), commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If the penalty for a violation of this subsection is reclassified under s. 775.085, such a violation is considered a hate crime for purposes of the reporting requirements of s. 877.19.

(8)(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.

(9)(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.

(10) 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.

(11) A minor whose driver license or driving privilege is revoked, suspended, or withheld under subsection (10) 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.

(12) 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; s. 3, ch. 2023-24; s. 2, ch. 2024-44.

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

S806.13 1a - DAMAGE PROP-CRIM MISCH - REMOVED - F: T

S806.13 1b1 - DAMAGE PROP-CRIM MISCH - 200 DOLS AND UNDER - M: S

S806.13 1b1 - DAMAGE PROP-CRIM MISCH - 200 DOLS OR LESS PREVIOUS CONVICTION - F: T

S806.13 1b2 - DAMAGE PROP-CRIM MISCH - OVER 200 DOLS UNDER 1000 DOLS - M: F

S806.13 1b2 - DAMAGE PROP-CRIM MISCH - OVER 200 UNDER 1000 DOLS PREVIOUS CONVICTION - F: T

S806.13 1b3 - DAMAGE PROP-CRIM MISCH - 1000 DOLS OR MORE - F: T

S806.13 2 - DAMAGE PROP-CRIM MISCH - CHURCH SYNAGOGUE MOSQUE OR RELIGIOUS ARTICLE - F: T

S806.13 3 - DAMAGE PROP-CRIM MISCH - RENUMBERED. SEE REC # 9426 - F: T

S806.13 3 - DAMAGE PROP-CRIM MISCH - DAMAGE MEMORIAL HISTORICAL PROPERTY > 200 DOLS - F: T

S806.13 4 - DAMAGE PROP-CRIM MISCH - RENUMBERED. SEE REC # 9427 - F: T

S806.13 4 - DAMAGE PROP-CRIM MISCH - DAMAGE PUBLIC PHONE/EQUIP OR MAKE INOPERATIVE - F: T

S806.13 5 - DAMAGE PROP-CRIM MISCH - DAMAGE SEX VIOL PRED DETENTION/COMMITMENT FAC - 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:

Cases Citing Statute 806.13

Total Results: 20

Alvaro Juan Silva v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-08T00:00:00-07:00

Snippet: count of criminal mischief, in violation of section 806.13, Florida Statutes (2022), rendered following a…thereon or other acts of vandalism thereto.” § 806.13(1)(a), Fla. Stat. (2022). Criminal mischief is

Geoffrey Carlo v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-03T00:00:00-08:00

Snippet: or a graffiti-related offense as described in s. 806.13.”). We recently interpreted section 901.15(1

JEREMY E. LYNN vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-14T00:00:00-08:00

Snippet: California, 386 U.S. 738 (1967). 2 See § 806.13(1)(b)3., Fla. Stat. (2020). 3 See

DANIELLE ELIZABETH HITCHMAN v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-07-28T00:53:00-07:00

Snippet: count of criminal mischief in violation of section 806.13(1)(b)(1), Florida Statutes, Hitchman entered a

LEON DENARD QUINN v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-11-17T23:53:00-08:00

Snippet: . 2d 1284, 1285 (Fla. 4th DCA 1995); see also § 806.13(1)(a), Fla. Stat. (2018). “Willfully” means

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-04

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: 1) 5.1 Criminal Mischief 806.13 12.4 Discharging firearm in

A. L. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-10T00:53:00-07:00

Snippet: personal property belonging to another person. See § 806.13(1)(a), (1)(b)(1), Fla. Stat. (2017). Moreover,

A.L. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-10T00:00:00-07:00

Citation: 275 So. 3d 819

Snippet: personal property belonging to another person. See § 806.13(1)(a), (1)(b)(1), Fla. Stat. (2017). Moreover,

A.L. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-10T00:00:00-07:00

Citation: 275 So. 3d 819

Snippet: personal property belonging to another person. See § 806.13(1)(a), (1)(b)(1), Fla. Stat. (2017). Moreover,

GERARDO SANCHEZ, SR. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-03T00:53:00-07:00

Snippet: 775.082, s. 775.083, or s. 775.084. § 806.13(1), Fla. Stat. (2015). As can be seen from this…first-degree misdemeanor criminal mischief under section 806.13(1)(b)(2); and it presented the testimony of the

NICO GALLO v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-10T00:53:00-07:00

Snippet: five years’ imprisonment. See §§ 784.07(2)(b), 806.13(1)(b)3., 843.01, Fla. Stat. (2017).

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-05.

Court: Fla. | Date Filed: 2018-11-21T00:00:00-08:00

Citation: 257 So. 3d 925

Snippet: 2) 12.2 Attempt 777.04(1) 5.1 Criminal mischief 806.13 12.4 Comment s A special instruction….3 Trespass 810.08(2)(c) 13.3 Criminal Mischief 806.13 12.4 It is probably best for the jury to make….3 Trespass 810.08(2)(c) 13.3 Criminal Mischief 806.13 12.4 It is probably best for the jury to make

I. K. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-31T00:53:00-07:00

Snippet: of criminal mischief, in violation of section 806.13(1)(b)(1), Florida Statutes (2015), and resisting

I.K. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-31T00:00:00-07:00

Citation: 257 So. 3d 1163

Snippet: guilty of criminal mischief, in violation of section 806.13(1)(b)(1), Florida Statutes (2015), and resisting

In Re: Standard Jury Instructions in Criminal Cases - Report 2018-01 – Corrected Opinion

Court: Fla. | Date Filed: 2018-10-04T00:53:00-07:00

Snippet: 5.1 Criminal Mischief 806.13 12.4 Discharging firearm

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-01.

Court: Fla. | Date Filed: 2018-09-27T00:00:00-07:00

Citation: 253 So. 3d 1024

Snippet: NO. None Attempt 777.04(1) 5.1 Criminal Mischief 806.13 12.4 Discharging firearm in 790.15 10.6 public

Pickett v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-12T00:00:00-07:00

Citation: 254 So. 3d 1162

Snippet: latter category applies here. Pursuant to section 806.13(1)(a) of the Florida Statutes, a person commits…another ...." Upon consideration of section 806.13, this Court has repeatedly recognized that when

D. D. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-10T00:53:00-07:00

Snippet: the charged offenses, see §§ 812.014(2)(c)(1), 806.13(1)(b)(2), Fla. Stat. (2016), we reverse and remand…second-degree misdemeanor criminal mischief, see § 806.13(1)(b)(1), and to hold a new disposition hearing…first-degree misdemeanor criminal mischief. See § 806.13(1)(b)(2). Having already established that the State

D.D. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-10T00:00:00-07:00

Citation: 253 So. 3d 121

J.A. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-30T00:53:00-07:00

Snippet: property greater than $200 but less than $1000. See § 806.13(1)(b)2., Fla. Stat. (2016). “Absent proof of the