| 1 | A bill to be entitled |
| 2 | An act relating to radio transmission; amending s. 16.56, |
| 3 | F.S.; authorizing the Office of Statewide Prosecution to |
| 4 | investigate and prosecute unlicensed radio transmissions |
| 5 | to or interference with licensed public or commercial |
| 6 | radio stations; creating s. 877.27, F.S.; prohibiting |
| 7 | radio transmissions by an unlicensed person and unlicensed |
| 8 | radio transmissions to or interference with licensed |
| 9 | public or commercial radio stations; providing penalties; |
| 10 | providing an effective date. |
| 11 |
|
| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
|
| 14 | Section 1. Paragraph (a) of subsection (1) of section |
| 15 | 16.56, Florida Statutes, is amended to read: |
| 16 | 16.56 Office of Statewide Prosecution.-- |
| 17 | (1) There is created in the Department of Legal Affairs an |
| 18 | Office of Statewide Prosecution. The office shall be a separate |
| 19 | "budget entity" as that term is defined in chapter 216. The |
| 20 | office may: |
| 21 | (a) Investigate and prosecute the offenses of: |
| 22 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
| 23 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
| 24 | carjacking, and home-invasion robbery; |
| 25 | 2. Any crime involving narcotic or other dangerous drugs; |
| 26 | 3. Any violation of the provisions of the Florida RICO |
| 27 | (Racketeer Influenced and Corrupt Organization) Act, including |
| 28 | any offense listed in the definition of racketeering activity in |
| 29 | s. 895.02(1)(a), providing such listed offense is investigated |
| 30 | in connection with a violation of s. 895.03 and is charged in a |
| 31 | separate count of an information or indictment containing a |
| 32 | count charging a violation of s. 895.03, the prosecution of |
| 33 | which listed offense may continue independently if the |
| 34 | prosecution of the violation of s. 895.03 is terminated for any |
| 35 | reason; |
| 36 | 4. Any violation of the provisions of the Florida Anti- |
| 37 | Fencing Act; |
| 38 | 5. Any violation of the provisions of the Florida |
| 39 | Antitrust Act of 1980, as amended; |
| 40 | 6. Any crime involving, or resulting in, fraud or deceit |
| 41 | upon any person; |
| 42 | 7. Any violation of s. 847.0135, relating to computer |
| 43 | pornography and child exploitation prevention, or any offense |
| 44 | related to a violation of s. 847.0135; |
| 45 | 8. Any violation of s. 877.27, relating to unlicensed |
| 46 | radio transmissions to or interference with public or commercial |
| 47 | radio stations licensed by the Federal Communications |
| 48 | Commission; |
| 49 | 9.8. Any violation of the provisions of chapter 815; or |
| 50 | 10.9. Any criminal violation of part I of chapter 499; |
| 51 |
|
| 52 | or any attempt, solicitation, or conspiracy to commit any of the |
| 53 | crimes specifically enumerated above. The office shall have such |
| 54 | power only when any such offense is occurring, or has occurred, |
| 55 | in two or more judicial circuits as part of a related |
| 56 | transaction, or when any such offense is connected with an |
| 57 | organized criminal conspiracy affecting two or more judicial |
| 58 | circuits. |
| 59 | Section 2. Section 877.27, Florida Statutes, is created to |
| 60 | read: |
| 61 | 877.27 Radio transmissions; prohibited acts; penalties.-- |
| 62 | (1) No person, firm, or corporation shall: |
| 63 | (a) Make, or cause to be made, radio transmissions within |
| 64 | the state without first having obtained a license from the |
| 65 | Federal Communications Commission or without being exempt from |
| 66 | licensure pursuant to 47 U.S.C. s. 301 or other applicable |
| 67 | federal law or rule; or |
| 68 | (b) Perform any act, whether direct or indirect, to cause |
| 69 | unlicensed radio transmissions to or interference with public or |
| 70 | commercial radio stations licensed by the Federal Communications |
| 71 | Commission or to enable such radio transmissions or interference |
| 72 | to occur. |
| 73 | (2) Any person who violates this section commits a felony |
| 74 | of the third degree, punishable as provided in s. 775.082 or s. |
| 75 | 775.083. |
| 76 | Section 3. This act shall take effect upon becoming a law. |