1 | A bill to be entitled |
2 | An act relating to use of electronic surveillance |
3 | equipment; creating s. 775.08451, F.S.; defining the term |
4 | "electronic surveillance equipment"; prohibiting use of |
5 | electronic surveillance equipment for specified purposes |
6 | in connection with the commission of a criminal offense; |
7 | prohibiting specified actions concerning information |
8 | received through the use of electronic surveillance |
9 | equipment; providing penalties; providing for |
10 | reclassification of offenses when electronic surveillance |
11 | equipment is used in connection with them; amending s. |
12 | 921.0022, F.S.; conforming provisions; providing an |
13 | effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Section 775.08451, Florida Statutes, is created |
18 | to read: |
19 | 775.08451 Use of electronic surveillance equipment while |
20 | committing certain offenses.-- |
21 | (1) For the purposes of this section, the term "electronic |
22 | surveillance equipment" means any mechanical, digital, or |
23 | electronic viewing device; still camera; camcorder; motion |
24 | picture camera; or any other instrument, equipment, or format |
25 | capable of recording, storing, or transmitting visual images of |
26 | another person. |
27 | (2) A person shall not: |
28 | (a) Use any form of electronic surveillance equipment to |
29 | assist in committing a crime or to escape from or avoid |
30 | detection, arrest, trial, conviction, or punishment in |
31 | connection with the commission of such crime. |
32 | (b)1. Divulge the existence, contents, substance, purport, |
33 | effect, or meaning of any information received through the use |
34 | of electronic surveillance equipment to any person he or she |
35 | knows to be a suspect in the commission of a crime with the |
36 | intent that the suspect may escape from or avoid detention, |
37 | arrest, trial, conviction, or punishment. |
38 | 2. Any person who violates subparagraph 1. commits a |
39 | misdemeanor of the first degree, punishable as provided in s. |
40 | 775.082 or s. 775.083. |
41 | (3) The felony or misdemeanor degree of any criminal |
42 | offense underlying a violation of paragraph (2)(a) shall be |
43 | reclassified to the next higher degree as follows: |
44 | (a) A misdemeanor of the second degree shall be punished |
45 | as if it were a misdemeanor of the first degree. |
46 | (b) A misdemeanor of the first degree shall be punished as |
47 | if it were a felony of the third degree. |
48 | (c) A felony of the third degree shall be punished as if |
49 | it were a felony of the second degree. |
50 | (d) A felony of the second degree shall be punished as if |
51 | it were a felony of the first degree. |
52 | (e) A felony of the first degree shall be punished as if |
53 | it were a life felony. |
54 |
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55 | For purposes of sentencing under chapter 921, a felony offense |
56 | that is reclassified under this subsection is ranked one level |
57 | above the ranking under s. 921.0022 or s. 921.0023 of the |
58 | offense committed. |
59 | Section 2. Subsection (2) of section 921.0022, Florida |
60 | Statutes, is amended to read: |
61 | 921.0022 Criminal Punishment Code; offense severity |
62 | ranking chart.-- |
63 | (2) The offense severity ranking chart has 10 offense |
64 | levels, ranked from least severe, which are level 1 offenses, to |
65 | most severe, which are level 10 offenses, and each felony |
66 | offense is assigned to a level according to the severity of the |
67 | offense. For purposes of determining which felony offenses are |
68 | specifically listed in the offense severity ranking chart and |
69 | which severity level has been assigned to each of these |
70 | offenses, the numerical statutory references in the left column |
71 | of the chart and the felony degree designations in the middle |
72 | column of the chart are controlling; the language in the right |
73 | column of the chart is provided solely for descriptive purposes. |
74 | Reclassification of the degree of the felony through the |
75 | application of s. 775.0845, s. 775.08451, s. 775.0861, s. |
76 | 775.087, s. 775.0875, s. 794.023, or any other law that provides |
77 | an enhanced penalty for a felony offense, to any offense listed |
78 | in the offense severity ranking chart in this section shall not |
79 | cause the offense to become unlisted and is not subject to the |
80 | provisions of s. 921.0023. |
81 | Section 3. This act shall take effect October 1, 2008. |