Senate Bill 1606c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                           CS for SB 1606

    By the Committee on Criminal Justice and Senator Silver





    307-1802-99

  1                      A bill to be entitled

  2         An act relating to unauthorized reception of

  3         cable television services; amending s. 812.15,

  4         F.S.; providing increased penalties for repeat

  5         offenders; providing increased penalties for

  6         the possession of certain devices in

  7         quantities; prohibiting the advertisement of

  8         certain devices in the electronic media;

  9         authorizing certain persons to recover damages

10         for each violation; providing an effective

11         date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Section 812.15, Florida Statutes, 1998

16  Supplement, is amended to read:

17         812.15  Unauthorized reception of cable television

18  services; penalties.--

19         (1)  As used in this section, the term:

20         (a)  "Cable operator" means "cable operator" as defined

21  in 47 U.S.C. s. 522(4) (1988).

22         (b)  "Cable system" means "cable system" as defined in

23  47 U.S.C. s. 522(6) (1988).

24         (2)(a)  No person shall intercept or receive or assist

25  in intercepting or receiving any communications service

26  offered over a cable system, unless specifically authorized to

27  do so by a cable operator or as may otherwise be specifically

28  authorized by law.

29         (b)  For the purpose of this section, the term "assist

30  in intercepting or receiving" shall include the manufacture of

31  or distribution of equipment intended by the manufacturer or

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    Florida Senate - 1999                           CS for SB 1606
    307-1802-99




  1  distributor, as the case may be, for unauthorized reception of

  2  any communications service offered over a cable system in

  3  violation of this section.

  4         (3)(a)  Any person who willfully violates this section

  5  shall be guilty of a misdemeanor of the first degree,

  6  punishable as provided in s. 775.082 or s. 775.083.

  7         (b)  Any person who willfully violates this section and

  8  who has been previously convicted of a violation of this

  9  section is guilty of a felony of the third degree, punishable

10  as provided in s. 775.082, s. 775.083, or s. 775.084.

11         (c)(b)  Any person who willfully and for purposes of

12  direct or indirect commercial advantage violates this section

13  shall be guilty of a felony of the third degree, punishable as

14  provided in s. 775.082, s. 775.083, or s. 775.084.

15         (4)(a)(c)  Any person who intentionally possesses

16  equipment, knowing or having reason to know that the design of

17  such equipment renders it primarily useful for the purpose of

18  the unauthorized reception of any communications service

19  offered over a cable system, shall be guilty of a misdemeanor

20  of the first degree, punishable as provided in s. 775.082 or

21  s. 775.083.

22         (b)  Any person who intentionally possesses five or

23  more devices or pieces of equipment and knows or has reason to

24  know that the design of such devices or pieces of equipment

25  renders them primarily useful for the unauthorized reception

26  of any communications services offered over a cable system is

27  guilty of a felony of the third degree, punishable as provided

28  in s. 775.082, s. 775.083, or s. 775.084.

29         (c)  Any person who intentionally possesses fifty or

30  more devices or pieces of equipment and knows or has reason to

31  know that the design of such devices or equipment renders it

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    Florida Senate - 1999                           CS for SB 1606
    307-1802-99




  1  primarily useful for the unauthorized reception of any

  2  communications services offered over a cable system is guilty

  3  of a felony in the second degree, punishable as provided in s.

  4  775.082, s. 775.083, or s. 775.084.

  5         (5)(d)  It is unlawful for any person to place in any

  6  newspaper, magazine, handbill, or other publication, including

  7  any electronic medium, any advertisement that, in whole or in

  8  part, promotes the sale of equipment, if the person placing

  9  the advertisement knows or has reason to know that the

10  equipment is designed to be primarily useful for the

11  unauthorized reception of any communications service offered

12  over a cable system.  Any person who violates this paragraph

13  shall be guilty of a misdemeanor of the first degree,

14  punishable as provided in s. 775.082 or s. 775.083.

15         (6)(4)(a)  Any person aggrieved by any violation of

16  this section may bring a civil action in a circuit court or in

17  any other court of competent jurisdiction.

18         (b)  The court may:

19         1.  Grant temporary and final injunctions on such terms

20  as it may deem reasonable to prevent or restrain violations of

21  this section in conformity with the principles that govern the

22  granting of injunctive relief from threatened loss or damage

23  in other civil cases, except that no showing of special or

24  irreparable damages to the person shall have to be made;

25         2.  Award damages pursuant to paragraphs (c), (d), and

26  (e); and

27         3.  Direct the recovery of full costs, including

28  awarding reasonable attorney's fees, to an aggrieved party who

29  prevails.

30         (c)  Damages awarded by any court under this section

31  shall be computed in accordance with either of the following:

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    Florida Senate - 1999                           CS for SB 1606
    307-1802-99




  1         1.  The party aggrieved may recover the actual damages

  2  suffered by him or her as a result of the violation and any

  3  profits of the violator that are attributable to the violation

  4  which are not taken into account in computing the actual

  5  damages; in determining the violator's profits, the party

  6  aggrieved shall be required to prove only the violator's gross

  7  revenue, and the violator is required to prove his or her

  8  deductible expenses and the elements of profit attributable to

  9  factors other than the violation; or

10         2.  The party aggrieved may recover an award of

11  statutory damages for each violation all violations involved

12  in the action, in a sum of not less than $250 or more than

13  $10,000, as the court considers just.

14         (d)  In any case in which the court finds that the

15  violation was committed willfully and for purposes of

16  commercial advantage, the court in its discretion may increase

17  the award of damages, whether actual or statutory under this

18  section, by an amount of not more than $50,000 for each

19  violation.

20         (e)  In any case in which the court finds that the

21  violator was not aware and had no reason to believe that his

22  or her acts constituted a violation of this section, the court

23  in its discretion may reduce the award of damages to a sum of

24  not less than $100.

25         Section 2.  This act shall take effect July 1, 1999.

26

27          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
28                         Senate Bill 1606

29

30  Corrects a grammatical error.

31

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