Senate Bill sb1488
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Florida Senate - 2006 SB 1488
By Senator Aronberg
27-1044A-06
1 A bill to be entitled
2 An act relating to telephone calling records;
3 prohibiting a person from obtaining or
4 attempting to obtain the calling record of
5 another person by making false or fraudulent
6 statements or by providing false or fraudulent
7 documents to a telecommunications company, or
8 by selling or offering to sell a calling record
9 that was obtained in a fraudulent manner;
10 providing that it is a first-degree misdemeanor
11 to commit a first violation and a third-degree
12 felony to commit a second or subsequent
13 violation; providing penalties; providing that
14 it is not a violation of the act for a law
15 enforcement agency, telecommunications company,
16 or private investigator to obtain calling
17 records for specified purposes; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Obtaining telephone calling records by
23 fraudulent means prohibited.--
24 (1) As used in this section, the term:
25 (a) "Calling record" means a record held by a
26 telecommunications company of the telephone calls made by a
27 customer of that company.
28 (b) "Customer" means a person who has received
29 telephone service from a telecommunications company.
30 (c) "Law enforcement agency" has the same meaning as
31 in s. 23.1225(1)(d), Florida Statutes.
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Florida Senate - 2006 SB 1488
27-1044A-06
1 (d) "Telecommunications company" has the same meaning
2 as in s. 364.02, Florida Statutes, except that the term
3 includes VoIP service and excludes broadband service.
4 (2) It is a violation of this section for a person to:
5 (a) Obtain or attempt to obtain the calling record of
6 another person by:
7 1. Making a false, fictitious, or fraudulent statement
8 or representation to an officer, employee, or agent of a
9 telecommunications company;
10 2. Making a false, fictitious, or fraudulent statement
11 or representation to a customer of a telecommunications
12 company; or
13 3. Providing any document to an officer, employee, or
14 agent of a telecommunications company, knowing that the
15 document is forged, is counterfeit, was lost or stolen, was
16 fraudulently obtained, or contains a false, fictitious, or
17 fraudulent statement or representation.
18 (b) Ask another person to obtain a calling record,
19 knowing that the other person will obtain, or attempt to
20 obtain, the calling record from the telecommunications company
21 in any manner described in paragraph (a).
22 (c) Sell or offer to sell a calling record obtained in
23 any manner described in paragraph (a) or paragraph (b).
24 (3) A person who violates this section for the first
25 time commits a misdemeanor of the first degree, punishable as
26 provided in s. 775.082 or s. 775.083, Florida Statutes. A
27 second or subsequent violation constitutes a felony of the
28 third-degree, punishable as provided in s. 775.082 or s.
29 775.083, Florida Statutes.
30 (4) It is not a violation of this section for:
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Florida Senate - 2006 SB 1488
27-1044A-06
1 (a) A law enforcement agency to obtain a calling
2 record in connection with the performance of the official
3 duties of that agency.
4 (b) A telecommunications company, or an officer,
5 employee, or agent of a telecommunications company, to obtain
6 a calling record of that company in the course of:
7 1. Testing the security procedures or systems of the
8 telecommunications company for maintaining the confidentiality
9 of customer information;
10 2. Investigating an allegation of misconduct or
11 negligence on the part of an officer, employee, or agent of
12 the telecommunications company; or
13 3. Recovering a calling record that was obtained or
14 received by another person in any manner described in
15 subsection (2).
16 (c) A person to obtain a calling record that otherwise
17 is available as a public record under chapter 119, Florida
18 Statutes.
19 (d) A private investigator licensed under part II of
20 chapter 493, Florida Statutes, or an officer, employee, or
21 agent of such an investigator, to obtain a calling record to
22 the extent reasonably necessary to collect child support from
23 a person adjudged to be delinquent in his or her obligations
24 by a court and as authorized by a court order.
25 Section 2. This act shall take effect July 1, 2006.
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27 *****************************************
28 SENATE SUMMARY
29 Makes acquisition, disclosure, or sale of a telephone
calling record under fraudulent pretext a crime.
30 Establishes penalties and exceptions. (See bill for
details.)
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