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Vandalism

Under Florida Legislature, vandalism regarded as criminal mischief. Florida Statute § 806.13 states that criminal mischief is committed when a person willfully and maliciously injures or damages by any means real or personal property belonging to another person.

Vandalism can happen to anyone and upon any property, such as a house, car, or boat, for example. Florida personal property insurance usually covers vandalism and those who have had property damaged by an act of vandalism attempt to recover compensation for the damages.

Criminal mischief may be a juvenile crime committed by minors, but those on the opposite end have the right to compensation. An experienced personal insurance attorney can assist those who have had property vandalized and are seeking legal guidance.

Attorney for Criminal Mischief in Sarasota, Florida

 If you have been on the receiving end of vandalism, it is in your best interest to contact an experienced Florida insurance attorney.

Acts of criminal mischief that damage property can be covered by Florida insurance policies. Germain Law Group has represented clients that need compensation for property damage in many West and Central Florida counties, including Sarasota County, Manatee County, DeSoto County, and Highlands County.

You may be able to recover the full value of the property that was damaged. Property damage cases can be difficult to maneuver, but Germain Law Group can help facilitate the process.

Call (941) 316-0333 today to schedule a consultation with Germain Law Group to discuss your legal options.

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Criminal Mischief Florida Statute § 806.13

Florida Statute § 806.13 states that a person can be charged with criminal mischief if he or she willfully and maliciously damages the real or personal property of another person. This is not only limited to graffiti or other acts of vandalism.

If the damage done to a person's property is valued at less than $200, then the guilty party can be convicted of a second-degree misdemeanor, in addition to civil liability. 

In Florida, a second-degree misdemeanor can result in up to 60 days in jail. Should the damage be valued at an amount between $200 and $1,000, then the offender may be charged with a first-degree misdemeanor, punishable by up to one year in jail.

If the act of vandalism amounts to damage valued at more than $1,000, or if there is interruption or impairment of a business operation or public communication, transportation, supply or water, gas or power, or any other public service which costs more than $1,000 to restore; a person may then be charged with a felony of the third degree.

In Florida, a felony of the third-degree can be punishable by five years in a State prison. If a person has been convicted of criminal mischief one or more times before a new charge, then he or she may be charged with a third-degree felony upon subsequent vandalism charges. 

Also, any person who damages or defaces any place of worship, such as a church, mosque, or synagogue, or a religious article held therein, may be charged with a third-degree felony.

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Florida Property Insurance as Defined by § 624.604 and Common Disputes

Florida Statute § 624.604 defines property insurance as an insurance policy on real or personal property of every kind of interest, whether on land, water or in the air. Property insurance is aimed to protect against loss or damage from any and all hazard or cause, and against loss consequential to the loss or damage.

If a person's property has been vandalized, then he or she will likely have to file a claim with his or her insurer. Sometime there are disputes between the policyholder and the insurance company. These are some of the more common reasons:

• Policy Restrictions: Property insurance coverage agreements often contain provisions, which exclude certain types of property or damage. Commonly, property owners are unaware or do not completely understand these provisions until a claim is disputed or denied.

• Dispute over Value of Damage: The insurance company may dispute that the amount claimed exceeded the extent of damage or the value of the property damaged.

• Negligence of the Property Owner: The insurance company may dispute or deny the claim because the damage occurred because of the negligence of the property owner or some other cause not covered by the insurance policy.

• Bad Faith Actions by Insurance Company:  Although not a formal dispute or delay, an insurance company may intentionally delay the investigation or payment of the claim. The insurance company may not answer phone calls, assign different insurance adjusters, or request unnecessary documentation before processing the claim.

If a person faces a dispute with an insurer, it can be helpful to contact a Florida insurance attorney to discuss legal options.

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Additional Resources
Online Sunshine | Property Insurance – This Online Sunshine webpage contains the entire Florida Statute § 624.604 in full, which handles the state's law in regards to property insurance.

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Find a Criminal Mischief Attorney in Sarasota County

Have you had property damage, defaced, or destroyed through an act of vandalism? You may need the help of an experienced property insurance attorney to secure the compensation you deserve.

Germain Law Group has represented clients who have property damaged through natural disasters and through acts of vandalism, each time providing professional and dedicated legal services.

Germain Law Group will review insurance disputes and cases in and around the Sarasota area, including these counties: Sarasota County, Manatee County, Pinellas County, Hardee County, DeSoto County, and Highlands County.

Call (941) 316-0333 today to schedule a consultation with Germain Law Group to discuss your legal options.

This article was last updated on Tuesday, April 3, 2018.