HB 203

1
A bill to be entitled
2An act relating to use of electronic surveillance
3equipment; creating s. 775.08451, F.S.; defining the term
4"electronic surveillance equipment"; prohibiting use of
5electronic surveillance equipment for specified purposes
6in connection with the commission of a criminal offense;
7prohibiting specified actions concerning information
8received through the use of electronic surveillance
9equipment; providing penalties; providing for
10reclassification of offenses when electronic surveillance
11equipment is used in connection with them; amending s.
12921.0022, F.S.; conforming provisions; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 775.08451, Florida Statutes, is created
18to read:
19     775.08451  Use of electronic surveillance equipment while
20committing certain offenses.--
21     (1)  For the purposes of this section, the term "electronic
22surveillance equipment" means any mechanical, digital, or
23electronic viewing device; still camera; camcorder; motion
24picture camera; or any other instrument, equipment, or format
25capable of recording, storing, or transmitting visual images of
26another person.
27     (2)  A person shall not:
28     (a)  Use any form of electronic surveillance equipment to
29assist in committing a crime or to escape from or avoid
30detection, arrest, trial, conviction, or punishment in
31connection with the commission of such crime.
32     (b)1.  Divulge the existence, contents, substance, purport,
33effect, or meaning of any information received through the use
34of electronic surveillance equipment to any person he or she
35knows to be a suspect in the commission of a crime with the
36intent that the suspect may escape from or avoid detention,
37arrest, trial, conviction, or punishment.
38     2.  Any person who violates subparagraph 1. commits a
39misdemeanor of the first degree, punishable as provided in s.
40775.082 or s. 775.083.
41     (3)  The felony or misdemeanor degree of any criminal
42offense underlying a violation of paragraph (2)(a) shall be
43reclassified to the next higher degree as follows:
44     (a)  A misdemeanor of the second degree shall be punished
45as if it were a misdemeanor of the first degree.
46     (b)  A misdemeanor of the first degree shall be punished as
47if it were a felony of the third degree.
48     (c)  A felony of the third degree shall be punished as if
49it were a felony of the second degree.
50     (d)  A felony of the second degree shall be punished as if
51it were a felony of the first degree.
52     (e)  A felony of the first degree shall be punished as if
53it were a life felony.
54
55For purposes of sentencing under chapter 921, a felony offense
56that is reclassified under this subsection is ranked one level
57above the ranking under s. 921.0022 or s. 921.0023 of the
58offense committed.
59     Section 2.  Subsection (2) of section 921.0022, Florida
60Statutes, is amended to read:
61     921.0022  Criminal Punishment Code; offense severity
62ranking chart.--
63     (2)  The offense severity ranking chart has 10 offense
64levels, ranked from least severe, which are level 1 offenses, to
65most severe, which are level 10 offenses, and each felony
66offense is assigned to a level according to the severity of the
67offense. For purposes of determining which felony offenses are
68specifically listed in the offense severity ranking chart and
69which severity level has been assigned to each of these
70offenses, the numerical statutory references in the left column
71of the chart and the felony degree designations in the middle
72column of the chart are controlling; the language in the right
73column of the chart is provided solely for descriptive purposes.
74Reclassification of the degree of the felony through the
75application of s. 775.0845, s. 775.08451, s. 775.0861, s.
76775.087, s. 775.0875, s. 794.023, or any other law that provides
77an enhanced penalty for a felony offense, to any offense listed
78in the offense severity ranking chart in this section shall not
79cause the offense to become unlisted and is not subject to the
80provisions of s. 921.0023.
81     Section 3.  This act shall take effect October 1, 2008.


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