1 | A bill to be entitled |
2 | An act relating to telephone caller identification; |
3 | providing a short title; creating s. 817.487, F.S.; |
4 | prohibiting entering false information into a telephone |
5 | caller identification system with the intent to deceive, |
6 | defraud, or mislead; prohibiting placing a call knowing |
7 | that false information was entered into the telephone |
8 | caller identification system; providing definitions; |
9 | providing exceptions; providing for enhancement of |
10 | penalties when a violation is committed during the |
11 | commission of a criminal offense or when a violation |
12 | facilitates a criminal offense; providing for application |
13 | to sentencing and gain-time eligibility; providing |
14 | penalties; providing that a violation is an unlawful trade |
15 | practice under specified provisions; providing an |
16 | effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. This act may be cited as the "Caller ID Anti- |
21 | spoofing Act." |
22 | Section 2. Section 817.487, Florida Statutes, is created |
23 | to read: |
24 | 817.487 Telephone caller identification systems.-- |
25 | (1) As used in this section: |
26 | (a) "Call" means any type of telephone call made using a |
27 | plain old telephone service (POTS), wireless cellular telephone |
28 | service, or voice-over-Internet protocol (VoIP) service that has |
29 | the capability of accessing users on the public switched |
30 | telephone network or a successor network. |
31 | (b) "Caller" means a person who places a call, whether by |
32 | telephone, over a telephone line, or on a computer. |
33 | (c) "Enter" means to input data by whatever means into a |
34 | computer or telephone system. |
35 | (d) "False information" means data that misrepresents the |
36 | identity of the caller to the recipient of a call; however, when |
37 | a person making an authorized call on behalf of another person |
38 | inserts the name, telephone number, or name and telephone number |
39 | of the person on whose behalf the call is being made, such |
40 | information shall not be deemed false information. |
41 | (e) "Telephone caller identification system" means a |
42 | listing of a caller's name, telephone number, or name and |
43 | telephone number that is shown to a recipient of a call when it |
44 | is received. |
45 | (2) A person may not enter false information into a |
46 | telephone caller identification system with the intent to |
47 | deceive, defraud, or mislead the recipient of a call. |
48 | (3) A person may not place a call knowing that false |
49 | information was entered into the telephone caller identification |
50 | system with the intent to deceive, defraud, or mislead the |
51 | recipient of the call. |
52 | (4) This section shall not apply to: |
53 | (a) The blocking of caller identification information. |
54 | (b) Any law enforcement agency of the federal, state, |
55 | county, or municipal government. |
56 | (c) Any intelligence or security agency of the Federal |
57 | Government. |
58 | (5)(a) The felony or misdemeanor degree of any criminal |
59 | offense shall be reclassified by the court to the next higher |
60 | degree as provided in this subsection if the offender violated |
61 | subsection (2) or subsection (3) during the commission of the |
62 | criminal offense or if the court finds that a violation by the |
63 | offender of subsection (2) or subsection (3) facilitated or |
64 | furthered the criminal offense. The reclassification shall be as |
65 | follows: |
66 | 1. In the case of a misdemeanor of the second degree, the |
67 | offense is reclassified as a misdemeanor of the first degree. |
68 | 2. In the case of a misdemeanor of the first degree, the |
69 | offense is reclassified as a felony of the third degree. |
70 | 3. In the case of a felony of the third degree, the |
71 | offense is reclassified as a felony of the second degree. |
72 | 4. In the case of a felony of the second degree, the |
73 | offense is reclassified as a felony of the first degree. |
74 | 5. In the case of a felony of the first degree or a felony |
75 | of the first degree punishable by a term of imprisonment not |
76 | exceeding life, the offense is reclassified as a life felony. |
77 | (b) For purposes of sentencing under chapter 921 and |
78 | determining incentive gain-time eligibility under chapter 944, |
79 | the following offense severity ranking levels apply: |
80 | 1. An offense that is a misdemeanor of the first degree |
81 | and that is reclassified under this subsection as a felony of |
82 | the third degree is ranked in level 2 of the offense severity |
83 | ranking chart. |
84 | 2. A felony offense that is reclassified under this |
85 | subsection is ranked one level above the ranking specified in s. |
86 | 921.0022 or s. 921.0023 for the offense committed. |
87 | (6)(a) Any person who violates subsection (2) or |
88 | subsection (3) commits a misdemeanor of the first degree, |
89 | punishable as provided in s. 775.082 or s. 775.083. |
90 | (b) Any violation of subsection (2) or subsection (3) |
91 | constitutes an unlawful trade practice under part II of chapter |
92 | 501 and, in addition to any remedies or penalties set forth in |
93 | this section, is subject to any remedies or penalties available |
94 | for a violation of that part. |
95 | Section 3. This act shall take effect October 1, 2008. |