| 1 | The Committee on Business Regulation recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to radio transmission; amending s. 16.56, |
| 7 | F.S.; authorizing the Office of Statewide Prosecution to |
| 8 | investigate and prosecute specified violations relating to |
| 9 | unlicensed radio transmissions; creating s. 877.27, F.S.; |
| 10 | prohibiting an unlicensed person from making or causing |
| 11 | radio transmissions that intentionally interfere with |
| 12 | licensed public or commercial radio stations; prohibiting |
| 13 | causing or enabling such transmissions or interference; |
| 14 | providing penalties; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Paragraph (a) of subsection (1) of section |
| 19 | 16.56, Florida Statutes, is amended to read: |
| 20 | 16.56 Office of Statewide Prosecution.-- |
| 21 | (1) There is created in the Department of Legal Affairs an |
| 22 | Office of Statewide Prosecution. The office shall be a separate |
| 23 | "budget entity" as that term is defined in chapter 216. The |
| 24 | office may: |
| 25 | (a) Investigate and prosecute the offenses of: |
| 26 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
| 27 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
| 28 | carjacking, and home-invasion robbery; |
| 29 | 2. Any crime involving narcotic or other dangerous drugs; |
| 30 | 3. Any violation of the provisions of the Florida RICO |
| 31 | (Racketeer Influenced and Corrupt Organization) Act, including |
| 32 | any offense listed in the definition of racketeering activity in |
| 33 | s. 895.02(1)(a), providing such listed offense is investigated |
| 34 | in connection with a violation of s. 895.03 and is charged in a |
| 35 | separate count of an information or indictment containing a |
| 36 | count charging a violation of s. 895.03, the prosecution of |
| 37 | which listed offense may continue independently if the |
| 38 | prosecution of the violation of s. 895.03 is terminated for any |
| 39 | reason; |
| 40 | 4. Any violation of the provisions of the Florida Anti- |
| 41 | Fencing Act; |
| 42 | 5. Any violation of the provisions of the Florida |
| 43 | Antitrust Act of 1980, as amended; |
| 44 | 6. Any crime involving, or resulting in, fraud or deceit |
| 45 | upon any person; |
| 46 | 7. Any violation of s. 847.0135, relating to computer |
| 47 | pornography and child exploitation prevention, or any offense |
| 48 | related to a violation of s. 847.0135; |
| 49 | 8. Any violation of s. 877.27, relating to making or |
| 50 | causing unlicensed radio transmissions with the intent to cause |
| 51 | interference, or enabling such transmissions or interference, |
| 52 | with public or commercial radio stations licensed by the Federal |
| 53 | Communications Commission; |
| 54 | 9.8. Any violation of the provisions of chapter 815; or |
| 55 | 10.9. Any criminal violation of part I of chapter 499; |
| 56 |
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| 57 | or any attempt, solicitation, or conspiracy to commit any of the |
| 58 | crimes specifically enumerated above. The office shall have such |
| 59 | power only when any such offense is occurring, or has occurred, |
| 60 | in two or more judicial circuits as part of a related |
| 61 | transaction, or when any such offense is connected with an |
| 62 | organized criminal conspiracy affecting two or more judicial |
| 63 | circuits. |
| 64 | Section 2. Section 877.27, Florida Statutes, is created to |
| 65 | read: |
| 66 | 877.27 Radio transmissions; prohibited acts; penalties.-- |
| 67 | (1) No person, firm, or corporation shall: |
| 68 | (a) Intentionally make or cause to be made radio |
| 69 | transmissions within the state without first having obtained a |
| 70 | license from the Federal Communications Commission or without |
| 71 | being exempt from licensure pursuant to 47 U.S.C. s. 301 or |
| 72 | other applicable federal law or rule with intent to interfere |
| 73 | with a radio station licensed by the Federal Communications |
| 74 | Commission. |
| 75 | (b) Perform any act, whether direct or indirect, that |
| 76 | intentionally causes unlicensed radio transmissions to interfere |
| 77 | with public or commercial radio stations licensed by the Federal |
| 78 | Communications Commission or that intentionally enables such |
| 79 | unlicensed radio transmissions or interference to occur. |
| 80 | (2) Any person who violates this section commits a felony |
| 81 | of the third degree, punishable as provided in s. 775.082 or s. |
| 82 | 775.083. |
| 83 | Section 3. This act shall take effect upon becoming a law. |