HB 1197CS

CHAMBER ACTION




1The Committee on Appropriations recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to radio transmission; amending s. 16.56,
7F.S.; authorizing the Office of Statewide Prosecution to
8investigate and prosecute specified violations relating to
9unlicensed radio transmissions; creating s. 877.27, F.S.;
10prohibiting radio transmissions by an unlicensed person
11and unlicensed radio transmissions to or interference with
12licensed public or commercial radio stations; providing
13penalties; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Paragraph (a) of subsection (1) of section
1816.56, Florida Statutes, is amended to read:
19     16.56  Office of Statewide Prosecution.--
20     (1)  There is created in the Department of Legal Affairs an
21Office of Statewide Prosecution. The office shall be a separate
22"budget entity" as that term is defined in chapter 216. The
23office may:
24     (a)  Investigate and prosecute the offenses of:
25     1.  Bribery, burglary, criminal usury, extortion, gambling,
26kidnapping, larceny, murder, prostitution, perjury, robbery,
27carjacking, and home-invasion robbery;
28     2.  Any crime involving narcotic or other dangerous drugs;
29     3.  Any violation of the provisions of the Florida RICO
30(Racketeer Influenced and Corrupt Organization) Act, including
31any offense listed in the definition of racketeering activity in
32s. 895.02(1)(a), providing such listed offense is investigated
33in connection with a violation of s. 895.03 and is charged in a
34separate count of an information or indictment containing a
35count charging a violation of s. 895.03, the prosecution of
36which listed offense may continue independently if the
37prosecution of the violation of s. 895.03 is terminated for any
38reason;
39     4.  Any violation of the provisions of the Florida Anti-
40Fencing Act;
41     5.  Any violation of the provisions of the Florida
42Antitrust Act of 1980, as amended;
43     6.  Any crime involving, or resulting in, fraud or deceit
44upon any person;
45     7.  Any violation of s. 847.0135, relating to computer
46pornography and child exploitation prevention, or any offense
47related to a violation of s. 847.0135;
48     8.  Any violation of s. 877.27, relating to unlicensed
49radio transmissions to or interference with public or commercial
50radio stations licensed by the Federal Communications
51Commission;
52     9.8.  Any violation of the provisions of chapter 815; or
53     10.9.  Any criminal violation of part I of chapter 499;
54
55or any attempt, solicitation, or conspiracy to commit any of the
56crimes specifically enumerated above. The office shall have such
57power only when any such offense is occurring, or has occurred,
58in two or more judicial circuits as part of a related
59transaction, or when any such offense is connected with an
60organized criminal conspiracy affecting two or more judicial
61circuits.
62     Section 2.  Section 877.27, Florida Statutes, is created to
63read:
64     877.27  Radio transmissions; prohibited acts; penalties.--
65     (1)  No person, firm, or corporation shall:
66     (a)  Make, or cause to be made, radio transmissions within
67the state without first having obtained a license from the
68Federal Communications Commission or without being exempt from
69licensure pursuant to 47 U.S.C. s. 301 or other applicable
70federal law or rule; or
71     (b)  Perform any act, whether direct or indirect, to cause
72unlicensed radio transmissions to or interference with public or
73commercial radio stations licensed by the Federal Communications
74Commission or to enable such radio transmissions or interference
75to occur.
76     (2)  Any person who violates this section commits a felony
77of the third degree, punishable as provided in s. 775.082 or s.
78775.083.
79     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.