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Florida Statute 806.135 | Lawyer Caselaw & Research
F.S. 806.135 Case Law from Google Scholar
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The 2023 Florida Statutes

Title XLVI
Chapter 806
View Entire Chapter
F.S. 806.135
806.135 Destroying or demolishing a memorial or historic property.
(1) As used in this section, the term:
(a) “Historic property” means any building, structure, site, or object that has been officially designated as a historic building, historic structure, historic site, or historic object through a federal, state, or local designation program.
(b) “Memorial” means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure name, or display that is constructed and located with the intent of being permanently displayed or perpetually maintained; is dedicated to a historical person, an entity, an event, or a series of events; and honors or recounts the military service of any past or present United States Armed Forces military personnel, or the past or present public service of a resident of the geographical area comprising the state or the United States. The term includes, but is not limited to, the following memorials established under chapter 265:
1. Florida Women’s Hall of Fame.
2. Florida Medal of Honor Wall.
3. Florida Veterans’ Hall of Fame.
4. POW-MIA Chair of Honor Memorial.
5. Florida Veterans’ Walk of Honor and Florida Veterans’ Memorial Garden.
6. Florida Law Enforcement Officers’ Hall of Fame.
7. Florida Holocaust Memorial.
8. Florida Slavery Memorial.
9. Any other memorial located within the Capitol Complex, including, but not limited to, Waller Park.
(2) It is unlawful for any person to willfully and maliciously destroy or demolish any memorial or historic property, or willfully and maliciously pull down a memorial or historic property, unless authorized by the owner of the memorial or historic property. A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A court shall order any person convicted of violating this section to pay restitution, which shall include the full cost of repair or replacement of such memorial or historic property.
History.s. 11, ch. 2021-6.

F.S. 806.135 on Google Scholar

F.S. 806.135 on Casetext

Amendments to 806.135

Arrestable Offenses / Crimes under Fla. Stat. 806.135
Level: Degree
Misdemeanor/Felony: First/Second/Third


Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. Moreover, state law enforcement officers have numerous criminal statutes at their disposal that prohibit and punish unlawful conduct, and which protect public safety and private property. This non-exhaustive list includes, but is not limited to , Disorderly Conduct, § 877.03, Fla. Stat.; Affray, § 877.01(1), Fla. Stat.; Criminal Mischief, § 806.13, Fla. Stat.; Arson, § 806.01, Fla. Stat.; Fire bombs, § 806.111, Fla. Stat.; Assault, § 784.011, Fla. Stat.; Aggravated Assault, § 784.021, Fla. Stat.; Battery and Felony Battery, § 784.03, Fla. Stat.; Aggravated Battery, § 784.045, Fla. Stat.; Assault or Battery on Law Enforcement, § 784.07, Fla. Stat.; Assault or Battery on Person 65 or Older, § 784.08, Fla. Stat.; Trespassing §§ 810.08 – 09, Fla. Stat.; Burglary, § 810.02, Fla. Stat.; Mob Intimidation, § 784.0495, Fla. Stat.; Resisting Officer With Violence, § 843.01, Fla. Stat.; Resisting Officer Without Violence, § 843.02, Fla. Stat.; Obstruction by Disguised Person, § 843.03, Fla. Stat.; Unlawful Assemblies, § 870.02, Fla. Stat.; and Destroying/Demolishing Memorial or Historic Property, § 806.135, Fla. Stat.
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  2. Other provisions of the Act not specifically discussed in Plaintiffs’ Complaint create enhanced penalties for assaults committed "in furtherance of a riot or an aggravated riot," § 784.011(3), Fla. Stat. (2021) ; § 784.021(3), Fla. Stat. (2021), or for battery or aggravated battery committed "in furtherance of a riot," § 784.021(1)(b)(3), Fla. Stat. (2021) ; § 784.045(1)(b)(3), Fla. Stat. (2021). Plus, the Act enhances penalties for battery on certain enumerated first responders in furtherance of a riot and sets a mandatory minimum 6-month jail sentence for anyone who batters a law enforcement officer in furtherance of a riot. §§ 784.03(2)(b), (4), Fla. Stat. (2021). The Act also criminalizes defacing or destroying "a memorial or historic property." § 806.13(3), Fla. Stat. (2021) ; § 806.135, Fla. Stat. (2021). And the Act enhances the penalties for burglary or theft when the perpetration of the theft or burglary "is facilitated by conditions arising from [a] riot," and restricts bail for those arrested for such crimes. § 810.02(3)(f), Fla. Stat. (2021) ; §§ 812.014(b)(4), (b)(13), Fla. Stat. (2021).
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