1 | The Committee on Appropriations recommends the following: |
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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 radio transmissions by an unlicensed person |
11 | and unlicensed radio transmissions to or interference with |
12 | licensed public or commercial radio stations; providing |
13 | penalties; providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
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17 | Section 1. Paragraph (a) of subsection (1) of section |
18 | 16.56, 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 |
21 | Office of Statewide Prosecution. The office shall be a separate |
22 | "budget entity" as that term is defined in chapter 216. The |
23 | office may: |
24 | (a) Investigate and prosecute the offenses of: |
25 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
26 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
27 | carjacking, 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 |
31 | any offense listed in the definition of racketeering activity in |
32 | s. 895.02(1)(a), providing such listed offense is investigated |
33 | in connection with a violation of s. 895.03 and is charged in a |
34 | separate count of an information or indictment containing a |
35 | count charging a violation of s. 895.03, the prosecution of |
36 | which listed offense may continue independently if the |
37 | prosecution of the violation of s. 895.03 is terminated for any |
38 | reason; |
39 | 4. Any violation of the provisions of the Florida Anti- |
40 | Fencing Act; |
41 | 5. Any violation of the provisions of the Florida |
42 | Antitrust Act of 1980, as amended; |
43 | 6. Any crime involving, or resulting in, fraud or deceit |
44 | upon any person; |
45 | 7. Any violation of s. 847.0135, relating to computer |
46 | pornography and child exploitation prevention, or any offense |
47 | related to a violation of s. 847.0135; |
48 | 8. Any violation of s. 877.27, relating to unlicensed |
49 | radio transmissions to or interference with public or commercial |
50 | radio stations licensed by the Federal Communications |
51 | Commission; |
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 |
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55 | or any attempt, solicitation, or conspiracy to commit any of the |
56 | crimes specifically enumerated above. The office shall have such |
57 | power only when any such offense is occurring, or has occurred, |
58 | in two or more judicial circuits as part of a related |
59 | transaction, or when any such offense is connected with an |
60 | organized criminal conspiracy affecting two or more judicial |
61 | circuits. |
62 | Section 2. Section 877.27, Florida Statutes, is created to |
63 | read: |
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 |
67 | the state without first having obtained a license from the |
68 | Federal Communications Commission or without being exempt from |
69 | licensure pursuant to 47 U.S.C. s. 301 or other applicable |
70 | federal law or rule; or |
71 | (b) Perform any act, whether direct or indirect, to cause |
72 | unlicensed radio transmissions to or interference with public or |
73 | commercial radio stations licensed by the Federal Communications |
74 | Commission or to enable such radio transmissions or interference |
75 | to occur. |
76 | (2) Any person who violates this section commits a felony |
77 | of the third degree, punishable as provided in s. 775.082 or s. |
78 | 775.083. |
79 | Section 3. This act shall take effect upon becoming a law. |