Senate Bill sb1488c2

    Florida Senate - 2006                    CS for CS for SB 1488

    By the Committees on Criminal Justice; Communications and
    Public Utilities; and Senators Aronberg, Miller and Campbell




    591-1889-06

  1                      A bill to be entitled

  2         An act relating to telephone calling records;

  3         providing definitions; prohibiting a person

  4         from obtaining or attempting to obtain the

  5         calling record of another person by making

  6         false or fraudulent statements or by providing

  7         false or fraudulent documents to a

  8         telecommunications company, or by selling or

  9         offering to sell a calling record that was

10         obtained in a fraudulent manner; providing that

11         it is a first-degree misdemeanor to commit a

12         first violation and a third-degree felony to

13         commit a second or subsequent violation;

14         providing penalties; providing that it is not a

15         violation of the act for a law enforcement

16         agency or telecommunications company to obtain

17         calling records for specified purposes;

18         providing an 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 or text

27  messages sent or received by a 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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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 1488
    591-1889-06




 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 commercial mobile radio service

 4  providers.

 5         (2)  It is a violation of this section for a person to:

 6         (a)  Obtain or attempt to obtain the calling record of

 7  another person without the permission of that person by:

 8         1.  Making a false, fictitious, or fraudulent statement

 9  or representation to an officer, employee, or agent of a

10  telecommunications company;

11         2.  Making a false, fictitious, or fraudulent statement

12  or representation to a customer of a telecommunications

13  company; or

14         3.  Providing any document to an officer, employee, or

15  agent of a telecommunications company, knowing that the

16  document is forged, is counterfeit, was lost or stolen, was

17  fraudulently obtained, or contains a false, fictitious, or

18  fraudulent statement or representation.

19         (b)  Ask another person to obtain a calling record,

20  knowing that the other person will obtain, or attempt to

21  obtain, the calling record from the telecommunications company

22  in any manner described in paragraph (a).

23         (c)  Sell or offer to sell a calling record obtained in

24  any manner described in paragraph (a) or paragraph (b).

25         (3)  A person who violates this section for the first

26  time commits a misdemeanor of the first degree, punishable as

27  provided in s. 775.082 or s. 775.083, Florida Statutes. A

28  second or subsequent violation constitutes a felony of the

29  third-degree, punishable as provided in s. 775.082 or s.

30  775.083, Florida Statutes.

31         (4)  It is not a violation of this section for:

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






    Florida Senate - 2006                    CS for CS for SB 1488
    591-1889-06




 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 in accordance with other applicable

 4  laws.

 5         (b)  A telecommunications company, or an officer,

 6  employee, or agent of a telecommunications company, to obtain

 7  a calling record of that company in the course of:

 8         1.  Testing the security procedures or systems of the

 9  telecommunications company for maintaining the confidentiality

10  of customer information;

11         2.  Investigating an allegation of misconduct or

12  negligence on the part of an officer, employee, or agent of

13  the telecommunications company; or

14         3.  Recovering a calling record that was obtained or

15  received by another person in any manner described in

16  subsection (2).

17         Section 2.  This act shall take effect July 1, 2006.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                            CS/SB 1488

21                                 

22  -    Clarifies that it is unlawful to obtain a person's
         calling records without that person's permission by
23       utilizing any of the specified means of procuring those
         records.
24  
    -    Clarifies that a law enforcement agency does not
25       unlawfully obtain calling records when the agency obtains
         those records in connection with the performance of its
26       official duties in accordance other applicable laws.

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31  

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