| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to telephone calling records; providing |
| 7 | definitions; prohibiting a person from obtaining or |
| 8 | attempting to obtain the calling record of another person |
| 9 | by making false or fraudulent statements or providing |
| 10 | false or fraudulent documents to a telecommunications |
| 11 | company or by selling or offering to sell a calling record |
| 12 | that was obtained in a fraudulent manner; providing that |
| 13 | it is a first-degree misdemeanor to commit a first |
| 14 | violation and a third-degree felony to commit a second or |
| 15 | subsequent violation; providing penalties; providing that |
| 16 | it is not a violation of the act for a law enforcement |
| 17 | agency or telecommunications company to obtain calling |
| 18 | records for specified purposes; providing an effective |
| 19 | date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Obtaining telephone calling records by |
| 24 | fraudulent means prohibited.-- |
| 25 | (1) As used in this section, the term: |
| 26 | (a) "Calling record" means a record held by a |
| 27 | telecommunications company of the telephone calls made or text |
| 28 | messages sent or received by a customer of that company. |
| 29 | (b) "Customer" means a person who has received telephone |
| 30 | service from a telecommunications company. |
| 31 | (c) "Law enforcement agency" has the same meaning as in s. |
| 32 | 23.1225(1)(d), Florida Statutes. |
| 33 | (d) "Telecommunications company" has the same meaning as |
| 34 | in s. 364.02, Florida Statutes, except that the term includes |
| 35 | VoIP service and commercial mobile radio service providers. |
| 36 | (2) It is a violation of this section for a person to: |
| 37 | (a) Obtain or attempt to obtain the calling record of |
| 38 | another person without the permission of that person by: |
| 39 | 1. Making a false, fictitious, or fraudulent statement or |
| 40 | representation to an officer, employee, or agent of a |
| 41 | telecommunications company; |
| 42 | 2. Making a false, fictitious, or fraudulent statement or |
| 43 | representation to a customer of a telecommunications company; or |
| 44 | 3. Providing any document to an officer, employee, or |
| 45 | agent of a telecommunications company, knowing that the document |
| 46 | is forged, is counterfeit, was lost or stolen, was fraudulently |
| 47 | obtained, or contains a false, fictitious, or fraudulent |
| 48 | statement or representation. |
| 49 | (b) Ask another person to obtain a calling record, knowing |
| 50 | that the other person will obtain, or attempt to obtain, the |
| 51 | calling record from the telecommunications company in any manner |
| 52 | described in paragraph (a). |
| 53 | (c) Sell or offer to sell a calling record obtained in any |
| 54 | manner described in paragraph (a) or paragraph (b). |
| 55 | (3) A person who violates this section for the first time |
| 56 | commits a misdemeanor of the first degree, punishable as |
| 57 | provided in s. 775.082 or s. 775.083, Florida Statutes. A second |
| 58 | or subsequent violation constitutes a felony of the third |
| 59 | degree, punishable as provided in s. 775.082 or s. 775.083, |
| 60 | Florida Statutes. |
| 61 | (4) It is not a violation of this section for: |
| 62 | (a) A law enforcement agency to obtain a calling record in |
| 63 | connection with the performance of the official duties of that |
| 64 | agency in accordance with other applicable laws. |
| 65 | (b) A telecommunications company, or an officer, employee, |
| 66 | or agent of a telecommunications company, to obtain a calling |
| 67 | record of that company in the course of: |
| 68 | 1. Testing the security procedures or systems of the |
| 69 | telecommunications company for maintaining the confidentiality |
| 70 | of customer information; |
| 71 | 2. Investigating an allegation of misconduct or negligence |
| 72 | on the part of an officer, employee, or agent of the |
| 73 | telecommunications company; or |
| 74 | 3. Recovering a calling record that was obtained or |
| 75 | received by another person in any manner described in subsection |
| 76 | (2). |
| 77 | Section 2. This act shall take effect July 1, 2006. |