Senate Bill sb2714

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    Florida Senate - 2004                                  SB 2714

    By Senator Villalobos





    38-1458-04

  1                      A bill to be entitled

  2         An act relating to an unauthorized transmission

  3         to, or interference with, a public or

  4         commercial radio station; creating s. 877.27,

  5         F.S.; prohibiting a person from making a radio

  6         transmission in this state unless the person

  7         obtains a license or an exemption from

  8         licensure from the Federal Communications

  9         Commission; prohibiting an unlicensed radio

10         transmission that interferes with a licensed

11         public or commercial radio station; providing

12         criminal penalties; amending s. 16.56, F.S.;

13         authorizing the Office of Statewide Prosecution

14         to investigate and prosecute offenses relating

15         to the unauthorized transmission to, or

16         interference with, a public or commercial radio

17         station; providing an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Section 877.27, Florida Statutes, is

22  created to read:

23         877.27  Unauthorized transmissions to, or interference

24  with, a public or commercial radio station licensed by the

25  Federal Communications Commission prohibited; penalties.--

26         (1)  A person may not:

27         (a)  Make, or cause to be made, a radio transmission in

28  this state unless the person obtains a license or an exemption

29  from licensure from the Federal Communications Commission

30  under 47 U.S.C. s. 301, or other applicable federal law or

31  regulation; or

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    Florida Senate - 2004                                  SB 2714
    38-1458-04




 1         (b)  Do any act, whether direct or indirect, to cause

 2  an unlicensed radio transmission to, or interference with, a

 3  public or commercial radio station licensed by the Federal

 4  Communications Commission or to enable the radio transmission

 5  or interference to occur.

 6         (2)  A person who violates this section commits a

 7  felony of the third degree, punishable as provided in s.

 8  775.082, s. 775.083, or s. 775.084.

 9         Section 2.  Paragraph (a) of subsection (1) of section

10  16.56, Florida Statutes, is amended to read:

11         16.56  Office of Statewide Prosecution.--

12         (1)  There is created in the Department of Legal

13  Affairs an Office of Statewide Prosecution.  The office shall

14  be a separate "budget entity" as that term is defined in

15  chapter 216.  The office may:

16         (a)  Investigate and prosecute the offenses of:

17         1.  Bribery, burglary, criminal usury, extortion,

18  gambling, kidnapping, larceny, murder, prostitution, perjury,

19  robbery, carjacking, and home-invasion robbery;

20         2.  Any crime involving narcotic or other dangerous

21  drugs;

22         3.  Any violation of the provisions of the Florida RICO

23  (Racketeer Influenced and Corrupt Organization) Act, including

24  any offense listed in the definition of racketeering activity

25  in s. 895.02(1)(a), providing such listed offense is

26  investigated in connection with a violation of s. 895.03 and

27  is charged in a separate count of an information or indictment

28  containing a count charging a violation of s. 895.03, the

29  prosecution of which listed offense may continue independently

30  if the prosecution of the violation of s. 895.03 is terminated

31  for any reason;

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    Florida Senate - 2004                                  SB 2714
    38-1458-04




 1         4.  Any violation of the provisions of the Florida

 2  Anti-Fencing Act;

 3         5.  Any violation of the provisions of the Florida

 4  Antitrust Act of 1980, as amended;

 5         6.  Any crime involving, or resulting in, fraud or

 6  deceit upon any person;

 7         7.  Any violation of s. 847.0135, relating to computer

 8  pornography and child exploitation prevention, or any offense

 9  related to a violation of s. 847.0135;

10         8.  Any violation of s. 877.27, relating to

11  unauthorized transmissions to, or interference with, a public

12  or commercial radio station licensed by the Federal

13  Communications Commission;

14         9.8.  Any violation of the provisions of chapter 815;

15  or

16         10.9.  Any criminal violation of part I of chapter 499;

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18  or any attempt, solicitation, or conspiracy to commit any of

19  the crimes specifically enumerated above.  The office shall

20  have such power only when any such offense is occurring, or

21  has occurred, in two or more judicial circuits as part of a

22  related transaction, or when any such offense is connected

23  with an organized criminal conspiracy affecting two or more

24  judicial circuits.

25         Section 3.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                  SB 2714
    38-1458-04




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 2                          SENATE SUMMARY

 3    Provides that it is a third-degree felony for a person to
      make a radio transmission in this state unless the person
 4    obtains a license or an exemption from licensure from the
      Federal Communications Commission. Provides that it is a
 5    third-degree felony to make an unlicensed radio
      transmission that interferes with a licensed public or
 6    commercial radio station. Authorizes the Office of
      Statewide Prosecution to investigate and prosecute
 7    offenses relating to the unauthorized transmission to, or
      interference with, a public or commercial radio station.
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