House Bill 0141
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Florida House of Representatives - 1999 HB 141
By Representatives Russell, Byrd, Feeney, Bense,
Argenziano, Putnam, Fasano, Waters, Cantens, Valdes,
Alexander, Jones, Sorensen, Hart, Wallace, Flanagan,
Goodlette, Fiorentino and Murman
1 A bill to be entitled
2 An act relating to operations of law
3 enforcement agencies; prohibiting a person from
4 initiating, or attempting to initiate, contact
5 with any person who is directly involved in the
6 mobilization, deployment, or tactical
7 operations of a law enforcement agency,
8 including the commission of a kidnapping or
9 other incident involving the taking or holding
10 of hostages; prohibiting a person from
11 broadcasting to the public a live audio or
12 video transmission of the tactical operations
13 of a law enforcement agency; providing a
14 penalty; providing that a person may initiate,
15 or attempt to initiate, contact with a person
16 involved in the operations of a law enforcement
17 agency, or may broadcast a live transmission of
18 tactical law enforcement operations, upon the
19 express authorization of the agency or upon the
20 completion of the operations; providing an
21 effective date.
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23 WHEREAS, on May 19, 1998, following a multicounty spree
24 of violence that left two police detectives and a state
25 trooper dead, Hank Earl Carr barricaded himself in a
26 convenience store and took the female clerk hostage, and
27 WHEREAS, during the ensuing 4-hour standoff, law
28 enforcement officers attempted to negotiate with Carr but were
29 unable to contact him by telephone because radio station
30 personnel had telephoned the convenience store and were airing
31 a live, 6-minute interview with the suspect, and
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Florida House of Representatives - 1999 HB 141
709-100A-99
1 WHEREAS, after hearing the radio interview, a newspaper
2 reporter also contacted the convenience store by telephone,
3 again interfering with attempts by law enforcement officers to
4 negotiate with the suspect, and
5 WHEREAS, in addition to interfering with attempts by
6 law enforcement officers to negotiate with Carr, helicopters
7 from local television stations circled the scene and broadcast
8 live coverage that indicated to the suspect the location of
9 law enforcement personnel, and
10 WHEREAS, in an attempt to provide "live" coverage of a
11 breaking news story, members of the news media seriously
12 interfered with a hostage negotiation and endangered the lives
13 of law enforcement officers and civilians, and
14 WHEREAS, while the Legislature recognizes that the news
15 media must be able to report a news story, it is necessary to
16 address the offense of interfering with law enforcement
17 operations and to impose severe penalties for any such offense
18 in order to prevent further tragedy, NOW, THEREFORE,
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Unauthorized communications prohibited
23 during the course of an incident involving law enforcement
24 operations.--
25 (1) During the course of any incident that involves
26 the mobilization, deployment, or tactical operations of a law
27 enforcement agency, including, but not limited to, a
28 kidnapping or other incident that involves the taking or
29 holding of one or more hostages, a person may not:
30 (a) Initiate, or attempt to initiate, contact or
31 communication with any person directly involved in the
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Florida House of Representatives - 1999 HB 141
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1 tactical law enforcement operations or incident, excluding law
2 enforcement personnel.
3 (b) Knowingly broadcast or telecast to the public any
4 type of live audio transmission or live video transmission
5 that records or depicts the tactical law enforcement
6 operations, including, but not limited to, deployment of law
7 enforcement personnel and equipment, until the tactical
8 operations are completed.
9 (2) Any person who violates subsection (1) commits a
10 felony of the third degree, punishable as provided in section
11 775.082, section 775.083, or section 775.084, Florida
12 Statutes.
13 (3) Notwithstanding subsection (1), a person may
14 initiate, or attempt to initiate, contact or communication
15 with a person directly involved in an incident that involves
16 the mobilization, deployment, or tactical operations of a law
17 enforcement agency, or may broadcast or telecast a live audio
18 or video transmission of tactical law enforcement operations,
19 if that person is expressly authorized to do so by a law
20 enforcement officer who has jurisdiction over the operations
21 or incident or if the law enforcement agency has completed its
22 operations pertaining to that incident.
23 Section 2. This act shall take effect July 1, 1999.
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Florida House of Representatives - 1999 HB 141
709-100A-99
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2 SENATE SUMMARY
3 Provides that it is a third-degree felony for a person to
initiate, or attempt to initiate, contact with any person
4 directly involved in the mobilization, deployment, or
tactical operations of a law enforcement agency,
5 including a kidnapping or other incident involving the
taking or holding of hostages. Provides that it a
6 third-degree felony for a person to knowingly broadcast
to the public any live audio or live video transmission
7 that records or depicts such tactical law enforcement
operations. Provides for an exception to such
8 prohibitions upon the express authorization of the law
enforcement agency or upon the completion of the
9 operations.
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