| 1 | A bill to be entitled |
| 2 | An act relating to telephone calling records; prohibiting |
| 3 | a person from obtaining or attempting to obtain the |
| 4 | calling record of another person by making false or |
| 5 | fraudulent statements or by providing false or fraudulent |
| 6 | documents to a telecommunications company, or by selling |
| 7 | or offering to sell a calling record that was obtained in |
| 8 | a fraudulent manner; providing that it is a first-degree |
| 9 | misdemeanor to commit a first violation and a third-degree |
| 10 | felony to commit a second or subsequent violation; |
| 11 | providing penalties; providing that it is not a violation |
| 12 | of the act for a law enforcement agency, |
| 13 | telecommunications company, or private investigator to |
| 14 | obtain calling records for specified purposes; providing |
| 15 | an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Obtaining telephone calling records by |
| 20 | fraudulent means.-- |
| 21 | (1) As used in this section, the term: |
| 22 | (a) "Calling record" means a record held by a |
| 23 | telecommunications company of the telephone calls made by a |
| 24 | customer of that company. |
| 25 | (b) "Customer" means a person who has received telephone |
| 26 | service from a telecommunications company. |
| 27 | (c) "Law enforcement agency" has the same meaning as in s. |
| 28 | 23.1225(1)(d), Florida Statutes. |
| 29 | (d) "Telecommunications company" has the same meaning as |
| 30 | in s. 364.02, Florida Statutes, except that the term includes |
| 31 | providers of VoIP service and excludes providers of broadband |
| 32 | service. |
| 33 | (2) It is a violation of this section for a person to: |
| 34 | (a) Obtain or attempt to obtain the calling record of |
| 35 | another person by: |
| 36 | 1. Making a false, fictitious, or fraudulent statement or |
| 37 | representation to an officer, employee, or agent of a |
| 38 | telecommunications company; |
| 39 | 2. Making a false, fictitious, or fraudulent statement or |
| 40 | representation to a customer of a telecommunications company; or |
| 41 | 3. Providing any document to an officer, employee, or |
| 42 | agent of a telecommunications company, knowing that the document |
| 43 | is forged, is counterfeit, was lost or stolen, was fraudulently |
| 44 | obtained, or contains a false, fictitious, or fraudulent |
| 45 | statement or representation. |
| 46 | (b) Ask another person to obtain a calling record, knowing |
| 47 | that the other person will obtain, or attempt to obtain, the |
| 48 | calling record from the telecommunications company in any manner |
| 49 | described in paragraph (a). |
| 50 | (c) Sell or offer to sell a calling record obtained in any |
| 51 | manner described in paragraph (a) or paragraph (b). |
| 52 | (3) A person who violates this section for the first time |
| 53 | commits a misdemeanor of the first degree, punishable as |
| 54 | provided in s. 775.082 or s. 775.083, Florida Statutes. A second |
| 55 | or subsequent violation constitutes a felony of the third |
| 56 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 57 | 775.084, Florida Statutes. |
| 58 | (4) It is not a violation of this section for: |
| 59 | (a) A law enforcement agency to obtain a calling record in |
| 60 | connection with the performance of the official duties of that |
| 61 | agency. |
| 62 | (b) A telecommunications company, or an officer, employee, |
| 63 | or agent of a telecommunications company, to obtain a calling |
| 64 | record of that company in the course of: |
| 65 | 1. Testing the security procedures or systems of the |
| 66 | telecommunications company for maintaining the confidentiality |
| 67 | of customer information; |
| 68 | 2. Investigating an allegation of misconduct or negligence |
| 69 | on the part of an officer, employee, or agent of the |
| 70 | telecommunications company; or |
| 71 | 3. Recovering a calling record that was obtained or |
| 72 | received by another person in any manner described in subsection |
| 73 | (2). |
| 74 | (c) A person to obtain a calling record that otherwise is |
| 75 | available as a public record under chapter 119, Florida |
| 76 | Statutes. |
| 77 | (d) A private investigator licensed under part II of |
| 78 | chapter 493, Florida Statutes, or an officer, employee, or agent |
| 79 | of such an investigator, to obtain a calling record to the |
| 80 | extent reasonably necessary to collect child support from a |
| 81 | person adjudged to be delinquent in his or her obligations by a |
| 82 | court and as authorized by a court order. |
| 83 | Section 2. This act shall take effect July 1, 2006. |