SENATE AMENDMENT
    Bill No. HB 79, 1st Eng.
    Amendment No. ___   Barcode 860268
                            CHAMBER ACTION
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11  Senator Atwater moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 812.15, Florida Statutes, is
18  amended to read:
19         812.15  Unauthorized reception of communications cable
20  television services; penalties.--
21         (1)  As used in this section, the term:
22         (a)  "Cable operator" means a communications service
23  provider who provides some or all of its communications
24  services pursuant to a "cable television franchise" issued by
25  a "franchising authority," as those terms are defined in 47
26  U.S.C. s. 522(9) and (10) (1992) "cable operator" as defined
27  in 47 U.S.C. s. 522(4) (1988).
28         (b)  "Cable system" means any communications service
29  network, system, or facility owned or operated by a cable
30  operator "cable system" as defined in 47 U.S.C. s. 522(6)
31  (1988).
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    12:56 PM   04/25/03                               h0079c-25moa

SENATE AMENDMENT Bill No. HB 79, 1st Eng. Amendment No. ___ Barcode 860268 1 (c) "Communications device" means any type of 2 electronic mechanism, transmission line or connections and 3 appurtenances thereto, instrument, device, machine, equipment, 4 or software that is capable of intercepting, transmitting, 5 acquiring, decrypting, or receiving any communications 6 service, or any part, accessory, or component thereof, 7 including any computer circuit, splitter, connector, switches, 8 transmission hardware, security module, smart card, software, 9 computer chip, electronic mechanism, or other component, 10 accessory, or part of any communications device which is 11 capable of facilitating the interception, transmission, 12 retransmission, acquisition, decryption, or reception of any 13 communications service. 14 (d) "Communications service" means any service 15 lawfully provided for a charge or compensation by any cable 16 system or by any radio, fiber optic, photooptical, 17 electromagnetic, photoelectronic, satellite, microwave, data 18 transmission, Internet-based, or wireless distribution 19 network, system, or facility, including, but not limited to, 20 any electronic, data, video, audio, Internet access, 21 microwave, and radio communications, transmissions, signals, 22 and services, and any such communications, transmissions, 23 signals, and services lawfully provided for a charge or 24 compensation, directly or indirectly by or through any of 25 those networks, systems, or facilities. 26 (e) "Communications service provider" means: 27 1. Any person or entity owning or operating any cable 28 system or any fiber optic, photooptical, electromagnetic, 29 photoelectronic, satellite, wireless, microwave, radio, data 30 transmission, or Internet-based distribution network, system, 31 or facility. 2 12:56 PM 04/25/03 h0079c-25moa
SENATE AMENDMENT Bill No. HB 79, 1st Eng. Amendment No. ___ Barcode 860268 1 2. Any person or entity providing any lawful 2 communications service, whether directly or indirectly, as a 3 reseller or licensee, by or through any such distribution 4 network, system, or facility. 5 (f) "Manufacture, development, or assembly of a 6 communications device" means to make, produce, develop, or 7 assemble a communications device or any part, accessory, or 8 component thereof, or to modify, alter, program, or reprogram 9 any communications device so that it is capable of 10 facilitating the commission of a violation of this section. 11 (g) "Multipurpose device" means any communications 12 device that is capable of more than one function and includes 13 any component thereof. 14 (2)(a) A No person may not knowingly shall intercept, 15 or receive, decrypt, disrupt, transmit, retransmit, or acquire 16 access to or assist in intercepting or receiving any 17 communications service without the express authorization of 18 the offered over a cable system, unless specifically 19 authorized to do so by a cable operator or other 20 communications service provider, or as stated in a contract or 21 may otherwise, with the intent to defraud the cable operator 22 or communications service provider, or to knowingly assist 23 others in doing those acts with the intent to defraud the 24 cable operator or other communications provider be 25 specifically authorized by law. For the purpose of this 26 section, the term "assist others" includes: 27 1. The sale, transfer, license, distribution, 28 deployment, lease, manufacture, development, or assembly of a 29 communications device for the purpose of facilitating the 30 unauthorized receipt, acquisition, interception, disruption, 31 decryption, transmission, retransmission, or access to any 3 12:56 PM 04/25/03 h0079c-25moa
SENATE AMENDMENT Bill No. HB 79, 1st Eng. Amendment No. ___ Barcode 860268 1 communications service offered by a cable operator or any 2 other communications service provider; or 3 2. The sale, transfer, license, distribution, 4 deployment, lease, manufacture, development, or assembly of a 5 communications device for the purpose of defeating or 6 circumventing any effective technology, device, or software, 7 or any component or part thereof, used by a cable operator or 8 other communications service provider to protect any 9 communications service from unauthorized receipt, acquisition, 10 interception, disruption, access, decryption, transmission, or 11 retransmission. in intercepting or receiving" shall include 12 the manufacture of or distribution of equipment intended by 13 the manufacturer or distributor, as the case may be, for 14 unauthorized reception of any communications service offered 15 over a cable system in violation of this section. 16 (b) Any person who willfully violates this subsection 17 commits shall be guilty of a misdemeanor of the first degree, 18 punishable as provided in s. 775.082 or s. 775.083. 19 (3)(a) Any person who willfully violates paragraph 20 (2)(a), paragraph (4)(a), or subsection (5) and who has been 21 previously convicted of any such provision commits shall be 22 guilty of a felony of the third degree, punishable as provided 23 in s. 775.082, s. 775.083, or s. 775.084. 24 (b) Any person who willfully and for purposes of 25 direct or indirect commercial advantage or private financial 26 gain violates paragraph (2)(a), paragraph (4)(a), or 27 subsection (5) commits shall be guilty of a felony of the 28 third degree, punishable as provided in s. 775.082, s. 29 775.083, or s. 775.084. 30 (4)(a) Any person who intentionally possesses a 31 communications device equipment, knowing or having reason to 4 12:56 PM 04/25/03 h0079c-25moa
SENATE AMENDMENT Bill No. HB 79, 1st Eng. Amendment No. ___ Barcode 860268 1 know that the design of such device equipment renders it 2 primarily useful for the purpose of committing, or assisting 3 others in committing, a violation of paragraph (2)(a) commits 4 the unauthorized reception of any communications service 5 offered over a cable system, shall be guilty of a misdemeanor 6 of the first degree, punishable as provided in s. 775.082 or 7 s. 775.083. 8 (b) Any person who intentionally possesses five or 9 more communications devices or pieces of equipment and knows 10 or has reason to know that the design of such devices or 11 pieces of equipment renders them primarily useful for 12 committing, or assisting others in committing, a violation of 13 paragraph (2)(a) commits the unauthorized reception of any 14 communications services offered over a cable system is guilty 15 of a felony of the third degree, punishable as provided in s. 16 775.082, s. 775.083, or s. 775.084. 17 (c) Any person who intentionally possesses fifty or 18 more communications devices or pieces of equipment and knows 19 or has reason to know that the design of such devices or 20 equipment renders them primarily useful for committing, or 21 assisting others in committing, a violation of paragraph 22 (2)(a) commits the unauthorized reception of any 23 communications services offered over a cable system is guilty 24 of a felony of in the second degree, punishable as provided in 25 s. 775.082, s. 775.083, or s. 775.084. 26 (5) It is unlawful for any person to place in any 27 newspaper, magazine, handbill, or other publication, including 28 any electronic medium, any advertisement that, in whole or in 29 part, promotes the sale of a communications device equipment, 30 if the person placing the advertisement knows or has reason to 31 know that the device equipment is designed to be primarily 5 12:56 PM 04/25/03 h0079c-25moa
SENATE AMENDMENT Bill No. HB 79, 1st Eng. Amendment No. ___ Barcode 860268 1 useful for committing, or assisting others in committing, a 2 violation of paragraph (2)(a) the unauthorized reception of 3 any communications service offered over a cable system. Any 4 person who violates this subsection shall be guilty of a 5 misdemeanor of the first degree, punishable as provided in s. 6 775.082 or s. 775.083. 7 (6) All fines shall be imposed as provided in s. 8 775.083 for each communications device involved in the 9 prohibited activity or for each day a defendant is in 10 violation of this section. 11 (7) The court shall, in addition to any other sentence 12 authorized by law, sentence a person convicted of violating 13 this section to make restitution as authorized by law. 14 (8) Upon conviction of a defendant for violating this 15 section, the court may, in addition to any other sentence 16 authorized by law, direct that the defendant forfeit any 17 communications device in the defendant's possession or control 18 which was involved in the violation for which the defendant 19 was convicted. 20 (9) A violation of paragraph (2)(a) may be deemed to 21 have been committed at any place where the defendant 22 manufactures, develops, or assembles any communications 23 devices involved in the violation, or assists others in these 24 acts, or any place where the communications device is sold or 25 delivered to a purchaser or recipient. It is not a defense to 26 a violation of paragraph (2)(a) that some of the acts 27 constituting the violation occurred outside the state. 28 (10)(6)(a) Any person aggrieved by any violation of 29 this section may bring a civil action in a circuit court or in 30 any other court of competent jurisdiction. 31 (b) The court may: 6 12:56 PM 04/25/03 h0079c-25moa
SENATE AMENDMENT Bill No. HB 79, 1st Eng. Amendment No. ___ Barcode 860268 1 1. Grant temporary and final injunctions on such terms 2 as it finds may deem reasonable to prevent or restrain 3 violations of this section in conformity with the principles 4 that govern the granting of injunctive relief from threatened 5 loss or damage in other civil cases, except that a no showing 6 of special or irreparable damages to the person need not shall 7 have to be made.; 8 2. At any time while the action is pending, order the 9 impounding, on reasonable terms, of any communications device 10 that is in the custody or control of the violator and that the 11 court has reasonable cause to believe was involved in the 12 alleged violation of this section, and may grant other 13 equitable relief, including the imposition of a constructive 14 trust, as the court considers reasonable and necessary. 15 3.2. Award damages pursuant to paragraphs (c), (d), 16 and (e).; and 17 4.3. Direct the recovery of full costs, including 18 awarding reasonable attorney's fees, to an aggrieved party who 19 prevails. 20 5. As part of a final judgment or decree finding a 21 violation of this section, order the remedial modification or 22 destruction of any communications device, or any other device 23 or equipment, involved in the violation which is in the 24 custody or control of the violator or has been impounded under 25 subparagraph 2. 26 (c) Damages awarded by any court under this section 27 shall be computed in accordance with subparagraph 1. or 28 subparagraph 2. either of the following: 29 1. The party aggrieved may recover the actual damages 30 suffered by him or her as a result of the violation and any 31 profits of the violator that are attributable to the violation 7 12:56 PM 04/25/03 h0079c-25moa
SENATE AMENDMENT Bill No. HB 79, 1st Eng. Amendment No. ___ Barcode 860268 1 which are not taken into account in computing the actual 2 damages.; 3 a. Actual damages include the retail value of all 4 communications services to which the violator had unauthorized 5 access as a result of the violation and the retail value of 6 any communications service illegally available to each person 7 to whom the violator directly or indirectly provided or 8 distributed a communications device. In proving actual 9 damages, the party aggrieved must prove only that the violator 10 manufactured, distributed, or sold a communications device and 11 is not required to prove that any such device was actually 12 used in violation of this section. 13 b. In determining the violator's profits, the party 14 aggrieved must shall be required to prove only the violator's 15 gross revenue, and the violator must is required to prove his 16 or her deductible expenses and the elements of profit 17 attributable to factors other than the violation.; or 18 2. Upon election of such damages at any time before 19 final judgment is entered, the party aggrieved may recover an 20 award of statutory damages for each communications device 21 violation involved in the action, in a sum of not less than 22 $250 or more than $10,000 for each such device, as the court 23 considers just. 24 (d) In any case in which the court finds that the 25 violation was committed willfully and for purposes of 26 commercial advantage or financial gain, the court in its 27 discretion may increase the award of damages, whether actual 28 or statutory under this section, by an amount of not more than 29 $50,000 for each communications device involved in the action 30 and for each day the defendant is in violation of this section 31 violation. 8 12:56 PM 04/25/03 h0079c-25moa
SENATE AMENDMENT Bill No. HB 79, 1st Eng. Amendment No. ___ Barcode 860268 1 (e) In any case in which the court finds that the 2 violator was not aware and had no reason to believe that his 3 or her acts constituted a violation of this section, the court 4 in its discretion may reduce the award of damages to a sum of 5 not less than $100. 6 (11) This section shall not be construed to impose any 7 criminal or civil liability upon any state or local law 8 enforcement agency; any state or local government agency, 9 municipality, or authority; or any communications service 10 provider unless such entity is acting knowingly and with 11 intent to defraud a communications service provider as defined 12 in this section. 13 (12) A person that manufactures, produces, assembles, 14 designs, sells, distributes, licenses, or develops a 15 multipurpose device shall not be in violation of this section 16 unless that person acts knowingly and with an intent to 17 defraud a communications services provider and the 18 multipurpose device: 19 (a) Is manufactured, developed, assembled, produced, 20 designed, distributed, sold, or licensed for the primary 21 purpose of committing a violation of this section; 22 (b) Has only a limited commercially significant 23 purpose or use other than for the commission of any violation 24 of this section; or 25 (c) Is marketed by that person or another acting in 26 concert with that person with that person's knowledge for the 27 purpose of committing any violation of this section. 28 (13) Nothing in this section shall require that the 29 design of, or design and selection of parts, software code, or 30 components for, a communications device provide for a response 31 to any particular technology, device, or software, or any 9 12:56 PM 04/25/03 h0079c-25moa
SENATE AMENDMENT Bill No. HB 79, 1st Eng. Amendment No. ___ Barcode 860268 1 component or part thereof, used by the provider, owner, or 2 licensee of any communications service or of any data, audio 3 or video programs, or transmissions, to protect any such 4 communications, data, audio or video service, programs, or 5 transmissions from unauthorized receipt, acquisition, 6 interception, access, decryption, disclosure, communication, 7 transmission, or retransmission. 8 Section 2. This act shall take effect October 1, 2003. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 Delete everything before the enacting clause 14 15 and insert: 16 A bill to be entitled 17 An act relating to communications services; 18 amending s. 812.15, F.S.; redefining the terms 19 "cable operator" and "cable system"; defining 20 the terms "communications device," 21 "communications service," "communications 22 service provider," and "manufacture, 23 development, or assembly of a communications 24 device"; defining the term "multipurpose 25 device"; prohibiting certain interception, 26 reception, decryption, disruption, 27 transmission, retransmission, or acquisition of 28 access to described communications services and 29 prohibiting assisting others in these acts; 30 prohibiting the advertisement of communications 31 devices for certain unlawful purposes; 10 12:56 PM 04/25/03 h0079c-25moa
SENATE AMENDMENT Bill No. HB 79, 1st Eng. Amendment No. ___ Barcode 860268 1 providing criminal and civil penalties; 2 providing for actual and statutory damages; 3 providing exceptions; providing an effective 4 date. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 12:56 PM 04/25/03 h0079c-25moa