SENATE AMENDMENT

    Bill No. CS/HB 1123

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Bronson moved the following amendment to amendment

12  (733266):

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14         Senate Amendment (with title amendment) 

15         On page 4, line 14,

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17  insert:

18         Section 6.  Section 843.167, Florida Statutes, is

19  created to read:

20         843.167  Unlawful use of police communications;

21  enhanced penalties.--

22         (1)  A person may not:

23         (a)  Intercept any police radio communication by use of

24  a scanner or any other means for the purpose of using that

25  communication to assist in committing a crime or to escape

26  from or avoid detection, arrest, trial, conviction, or

27  punishment in connection with the commission of such crime.

28         (b)  Divulge the existence, contents, substance,

29  purport, effect, or meaning of a police radio communication to

30  any person he or she knows to be a suspect in the commission

31  of a crime with the intent that the suspect may escape from or

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1123

    Amendment No.    





 1  avoid detection, arrest, trial, conviction, or punishment.

 2         (2)  Any person who is charged with a crime and who,

 3  during the time such crime was committed, possessed or used a

 4  police radio scanner or similar device capable of receiving

 5  police radio transmissions is presumed to have violated

 6  paragraph (1)(a).

 7         (3)  The penalty for a crime that is committed by a

 8  person who violates paragraph (1)(a) shall be enhanced as

 9  follows:

10         (a)  A misdemeanor of the second degree shall be

11  punished as if it were a misdemeanor of the first degree.

12         (b)  A misdemeanor of the first degree shall be

13  punished as if it were a felony of the third degree.

14         (c)  A felony of the third degree shall be punished as

15  if it were a felony of the second degree.

16         (d)  A felony of the second degree shall be punished as

17  if it were a felony of the first degree.

18         (e)  A felony of the first degree shall be punished as

19  if it were a life felony.

20         (4)  Any person who violates paragraph (1)(b) commits a

21  misdemeanor of the first degree, punishable as provided in

22  section 775.082 or section 775.083, Florida Statutes.

23

24  (Redesignate subsequent sections.)

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26

27  ================ T I T L E   A M E N D M E N T ===============

28  And the title is amended as follows:

29         On page 5, line 6, after the semicolon

30

31  insert:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1123

    Amendment No.    





 1         creating s. 843.167, F.S.; prohibiting the

 2         interception of police communications for

 3         certain purposes; prohibiting disclosure of

 4         police communications; providing presumptions;

 5         providing penalties;

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