HB 0079 2003
1	A bill to be entitled
2	An act relating to communications services; amending s.
3	812.15, F.S.; revising definition of "cable operator" and
4	"cable system" and defining "communications device,"
5	"communications service," "communications service
6	provider," and "manufacture, development, or assembly of a
7	communications device"; prohibiting certain interception,
8	reception, decryption, disruption, transmission,
9	retransmission, or acquisition of access to described
10	communications services and prohibiting assisting others
11	in doing so; prohibiting described communications devices
12	for certain purposes and promotion of such devices;
13	providing criminal and civil penalties; providing for
14	actual and statutory damages; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Section 812.15, Florida Statutes, is amended to
19	read:
20	812.15 Unauthorized reception ofcommunicationscable
21	televisionservices; penalties.--
22	(1) As used in this section, the term:
23	(a) "Cable operator" meansa communications service
24	provider who provides some or all of its communications services
25	pursuant to a "cable television franchise" issued by a
26	"franchising authority" as those terms are defined in 47 U.S.C.
27	s. 522(9) and (10) (1992)"cable operator" as defined in 47
28	U.S.C. s. 522(4) (1988).
29	(b) "Cable system" meansany communications service
30	network, system, or facility owned or operated by a cable
31	operator"cable system" as defined in 47 U.S.C. s. 522(6)
32	(1988).
33	(c) "Communications device" means any type of electronic
34	mechanism, transmission line or connections and appurtenances
35	thereto, instrument, device, machine, equipment, or software
36	which is capable of intercepting, transmitting, acquiring,
37	decrypting, or receiving any communications service, or any
38	part, accessory, or component thereof, including any computer
39	circuit, splitter, connector, switches, transmission hardware,
40	security module, smart card, software, computer chip, electronic
41	mechanism, or other component, accessory, or part of any
42	communications device which is capable of facilitating the
43	interception, transmission, retransmission, acquisition,
44	decryption, or reception of any communications service.
45	(d) "Communications service" means any service lawfully
46	provided for a charge or compensation by any cable system or by
47	any radio, telephone, fiber optic, photo-optical,
48	electromagnetic, photoelectronic, satellite, microwave, data
49	transmission, Internet-based or wireless distribution network,
50	system, or facility, including, but not limited to, any and all
51	electronic, data, video, audio, Internet access, telephonic,
52	microwave, and radio communications, transmissions, signals, and
53	services, and any such communications, transmissions, signals,
54	and services lawfully provided directly or indirectly by or
55	through any of those networks, systems, or facilities.
56	(e) "Communications service provider" means:
57	1. Any person or entity owning or operating any cable
58	system or any fiber optic, photo-optical, electromagnetic,
59	photoelectronic, satellite, telephone, wireless, microwave,
60	radio, data transmission, or Internet-based distribution
61	network, system, or facility.
62	2. Any person or entity providing any communications
63	service, whether directly or indirectly, as a reseller or
64	licensee, by or through any such distribution network, system,
65	or facility.
66	(f) "Manufacture, development, or assembly of a
67	communications device" means to make, produce, develop, or
68	assemble a communications device or any part, accessory, or
69	component thereof, or to modify, alter, program, or reprogram
70	any communications device so that it is capable of facilitating
71	the commission of a violation of this section.
72	(2)(a) No person shallknowinglyintercept,orreceive,
73	decrypt, disrupt, transmit, retransmit, or acquire access toor
74	assist in intercepting or receivingany communications service
75	offeredbyovera cableoperator or any other communications
76	service provider, or knowingly assist others in doing sosystem,
77	unless specifically authorized to do so by a cable operatoror
78	other communications service provider,or as may otherwise be
79	specifically authorized by law. For the purpose of this section,
80	the termto "assist others" in committing any of these acts
81	shall include:
82	1. The sale, transfer, license, distribution, lease,
83	manufacture, development, or assembly of a communications device
84	for the purpose of facilitating the unauthorized receipt,
85	acquisition, interception, disruption, decryption, transmission,
86	retransmission, or access to any communications service offered
87	by a cable operator or any other communications service
88	provider; or
89	2. The sale, transfer, distribution, lease, manufacture,
90	development, or assembly of a communications device for the
91	purpose of defeating or circumventing any technology, device, or
92	software, or any component or part thereof, used by a cable
93	operator or other communications service provider to protect any
94	communications service from unauthorized receipt, acquisition,
95	interception, disruption, access, decryption, transmission, or
96	retransmission"assist in intercepting or receiving" shall
97	include the manufacture of or distribution of equipment intended
98	by the manufacturer or distributor, as the case may be, for
99	unauthorized reception of any communications service offered
100	over a cable system in violation of this section.
101	(b) Any person who willfully violates this subsection
102	shall be guilty of a misdemeanor of the first degree, punishable
103	as provided in s. 775.082 or s. 775.083.
104	(3)(a) Any person who willfully violates paragraph (2)(a),
105	paragraph (4)(a), or subsection (5) and who has been previously
106	convicted of any such provision shall be guilty of a felony of
107	the third degree, punishable as provided in s. 775.082, s.
108	775.083, or s. 775.084.
109	(b) Any person who willfully and for purposes of direct or
110	indirect commercial advantageor private financial gainviolates
111	paragraph (2)(a), paragraph (4)(a), or subsection (5) shall be
112	guilty of a felony of the third degree, punishable as provided
113	in s. 775.082, s. 775.083, or s. 775.084.
114	(4)(a) Any person who intentionally possessesa
115	communications deviceequipment, knowing or having reason to
116	know that the design of suchdeviceequipmentrenders it
117	primarily useful for the purpose ofcommitting or assisting
118	others in committing a violation of paragraph (2)(a)the
119	unauthorized reception of any communications service offered
120	over a cable system, shall be guilty of a misdemeanor of the
121	first degree, punishable as provided in s. 775.082 or s.
122	775.083.
123	(b) Any person who intentionally possesses five or more
124	communicationsdevicesor pieces of equipmentand knows or has
125	reason to know that the design of such devicesor pieces of
126	equipmentrenders them primarily useful forcommitting or
127	assisting others in committing a violation of paragraph (2)(a)
128	the unauthorized reception of any communications services
129	offered over a cable systemis guilty of a felony of the third
130	degree, punishable as provided in s. 775.082, s. 775.083, or s.
131	775.084.
132	(c) Any person who intentionally possesses fifty or more
133	communicationsdevicesor pieces of equipmentand knows or has
134	reason to know that the design of such devicesor equipment
135	renders them primarily useful forcommitting or assisting others
136	in committing a violation of paragraph (2)(a)the unauthorized
137	reception of any communications services offered over a cable
138	systemis guilty of a felony in the second degree, punishable as
139	provided in s. 775.082, s. 775.083, or s. 775.084.
140	(5) It is unlawful for any person to place in any
141	newspaper, magazine, handbill, or other publication, including
142	any electronic medium, any advertisement that, in whole or in
143	part, promotes the sale ofa communications deviceequipment, if
144	the person placing the advertisement knows or has reason to know
145	that thedeviceequipmentis designed to be primarily useful for
146	committing or assisting others in committing a violation of
147	paragraph (2)(a)the unauthorized reception of any
148	communications service offered over a cable system. Any person
149	who violates this subsection shall be guilty of a misdemeanor of
150	the first degree, punishable as provided in s. 775.082 or s.
151	775.083.
152	(6) For purposes of all criminal penalties established for
153	violations of this section, each communications device involved
154	in the prohibited activity shall constitute a separate violation
155	of this section. All fines shall be imposed as authorized by law
156	for each such communications device and for each day in
157	violation of this section.
158	(7) The court shall, in addition to any other sentence
159	authorized by law, sentence a person convicted of violating this
160	section to make restitution as authorized by law.
161	(8) Upon conviction of a defendant for violating this
162	section, the court may, in addition to any other sentence
163	authorized by law, direct that the defendant forfeit any
164	communications devices in the defendant's possession or control
165	which were involved in the violation for which the defendant was
166	convicted.
167	(9) A violation of paragraph (2)(a) may be deemed to have
168	been committed at either place where the defendant manufactures,
169	develops, or assembles any communications devices involved in
170	the violation, or assists others in doing so, or the places
171	where those communications devices are sold or delivered to a
172	purchaser or recipient. It shall be no defense to a violation of
173	paragraph (2)(a) that some of the acts constituting the
174	violation occurred outside the state.
175	(10)(6)(a) Any person aggrieved by any violation of this
176	section may bring a civil action in a circuit court or in any
177	other court of competent jurisdiction.
178	(b) The court may:
179	1. Grant temporary and final injunctions on such terms as
180	it may deem reasonable to prevent or restrain violations of this
181	section in conformity with the principles that govern the
182	granting of injunctive relief from threatened loss or damage in
183	other civil cases, except that no showing of special or
184	irreparable damages to the person shall have to be made.;
185	2. At any time while the action is pending, order the
186	impounding, on such terms as it seems reasonable, of any
187	communications device that is in the custody or control of the
188	violator and that the court has reasonable cause to believe was
189	involved in the alleged violation of this section and grant
190	other equitable relief, including the imposition of a
191	constructive trust, as the court considers reasonable and
192	necessary.
193	3.2.Award damages pursuant to paragraphs (c), (d), and
194	(e).; and
195	4.3.Direct the recovery of full costs, including awarding
196	reasonable attorney's fees, to an aggrieved party who prevails.
197	5. As part of a final judgment or decree finding a
198	violation of this section, order the remedial modification or
199	destruction of any communications devices, or any other devices
200	or equipment, involved in the violation that are in the custody
201	or control of the violator, or have been impounded under
202	subparagraph 2.
203	(c) Damages awarded by any court under this section shall
204	be computed in accordance with eithersubparagraph 1. or
205	subparagraph 2.of the following:
206	1. The party aggrieved may recover the actual damages
207	suffered by him or her as a result of the violation and any
208	profits of the violator that are attributable to the violation
209	which are not taken into account in computing the actual
210	damages.;
211	a. Actual damages include the retail value of all
212	communications services to which the violator had unauthorized
213	access as a result of the violation and the retail value of any
214	communications services illegally available to those persons to
215	whom the violator directly or indirectly provided or distributed
216	any communications device. In proving actual damages, the party
217	aggrieved shall be required to prove only that the violator
218	manufactured, distributed, or sold any communications devices,
219	but shall not be required to prove that those devices were
220	actually used in violation of this section.
221	b.In determining the violator's profits, the party
222	aggrieved shall be required to prove only the violator's gross
223	revenue, and the violator is required to prove his or her
224	deductible expenses and the elements of profit attributable to
225	factors other than the violation.; or
226	2.Upon election of such damages at any time before final
227	judgment is entered,the party aggrieved may recover an award of
228	statutory damages for eachcommunications deviceviolation
229	involved in the action, in a sum of not less than$1,500$250or
230	more than $10,000for each such device and for each day the
231	defendant is in violation of this section, as the court
232	considers just.
233	(d) In any case in which the court finds that the
234	violation was committed willfully and for purposes of commercial
235	advantageor private financial gain, the court in its discretion
236	may increase the award of damages, whether actual or statutory
237	under this section, by an amount of not more than $50,000 for
238	eachcommunications device involved in the action and for each
239	day the defendant is in violation of this sectionviolation.
240	(e) In any case in which the court finds that the violator
241	was not aware and had no reason to believe that his or her acts
242	constituted a violation of this section, the court in its
243	discretion may reduce the award of damages to a sum of not less
244	than $100.
245	Section 2. This act shall take effect October 1, 2003.
246