| 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 or causing to be entered false |
| 5 | information into a telephone caller identification system |
| 6 | with the intent to deceive, defraud, or mislead; |
| 7 | prohibiting placing a call knowing that false information |
| 8 | was entered into the telephone caller identification |
| 9 | system; providing definitions; providing exceptions; |
| 10 | providing penalties; providing that a violation is an |
| 11 | unlawful trade practice under specified provisions; |
| 12 | providing for enhancement of penalties when a violation is |
| 13 | committed during the commission of a criminal offense or |
| 14 | when a violation facilitates a criminal offense; 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. This act may be cited as the "Caller ID |
| 20 | Anti-spoofing Act." |
| 21 | Section 2. Section 817.487, Florida Statutes, is created |
| 22 | to read: |
| 23 | 817.487 Telephone caller identification systems.-- |
| 24 | (1) As used in this section: |
| 25 | (a) "Call" means any type of telephone call made using a |
| 26 | public switched telephone network, wireless cellular telephone |
| 27 | service, or voice-over-Internet protocol (VoIP) service that has |
| 28 | the capability of accessing users on the public switched |
| 29 | telephone network or a successor network. |
| 30 | (b) "Caller" means a person who places a call, whether by |
| 31 | telephone, over a telephone line, or on a computer. |
| 32 | (c) "Enter" means to input data by whatever means into a |
| 33 | computer or telephone system. |
| 34 | (d) "False information" means data that misrepresents the |
| 35 | identity of the caller to the recipient of a call or to the |
| 36 | network itself; however, when a person making an authorized call |
| 37 | on behalf of another person inserts the name, telephone number, |
| 38 | or name and telephone number of the person on whose behalf the |
| 39 | call is being made, such information shall not be deemed false |
| 40 | 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 or cause to be entered false |
| 46 | information into a telephone caller identification system with |
| 47 | the intent to deceive, defraud, or mislead the recipient of a |
| 48 | call. |
| 49 | (3) A person may not place a call knowing that false |
| 50 | information was entered into the telephone caller identification |
| 51 | system with the intent to deceive, defraud, or mislead the |
| 52 | recipient of the call. |
| 53 | (4) This section shall not apply to: |
| 54 | (a) The blocking of caller identification information. |
| 55 | (b) Any law enforcement agency of the federal, state, |
| 56 | county, or municipal government. |
| 57 | (c) Any intelligence or security agency of the Federal |
| 58 | Government. |
| 59 | (d) A telecommunications, broadband, or voice-over- |
| 60 | Internet service provider that is acting solely as an |
| 61 | intermediary for the transmission of telephone service between |
| 62 | the caller and the recipient. |
| 63 | (5)(a) Any person who violates subsection (2) or |
| 64 | subsection (3) commits a misdemeanor of the first degree, |
| 65 | punishable as provided in s. 775.082 or s. 775.083. |
| 66 | (b) Any violation of subsection (2) or subsection (3) |
| 67 | constitutes an unlawful trade practice under part II of chapter |
| 68 | 501 and, in addition to any remedies or penalties set forth in |
| 69 | this section, is subject to any remedies or penalties available |
| 70 | for a violation of that part. |
| 71 | (6)(a) The felony or misdemeanor degree of any criminal |
| 72 | offense shall be reclassified by the court to the next higher |
| 73 | degree as provided in this subsection if the offender violated |
| 74 | subsection (2) or subsection (3) during the commission of the |
| 75 | criminal offense or if a violation by the offender of subsection |
| 76 | (2) or subsection (3) facilitated or furthered the criminal |
| 77 | offense. The reclassification shall be as follows: |
| 78 | 1. In the case of a misdemeanor of the second degree, the |
| 79 | offense is reclassified as a misdemeanor of the first degree. |
| 80 | 2. In the case of a misdemeanor of the first degree, the |
| 81 | offense is reclassified as a felony of the third degree. |
| 82 | 3. In the case of a felony of the third degree, the |
| 83 | offense is reclassified as a felony of the second degree. |
| 84 | 4. In the case of a felony of the second degree, the |
| 85 | offense is reclassified as a felony of the first degree. |
| 86 | 5. In the case of a felony of the first degree or a felony |
| 87 | of the first degree punishable by a term of imprisonment not |
| 88 | exceeding life, the offense is reclassified as a life felony. |
| 89 | (b) For purposes of sentencing under chapter 921, the |
| 90 | following offense severity ranking levels apply: |
| 91 | 1. An offense that is a misdemeanor of the first degree |
| 92 | and that is reclassified under this subsection as a felony of |
| 93 | the third degree is ranked in level 2 of the offense severity |
| 94 | ranking chart. |
| 95 | 2. A felony offense that is reclassified under this |
| 96 | subsection is ranked one level above the ranking specified in s. |
| 97 | 921.0022 or s. 921.0023 for the offense committed. |
| 98 | Section 3. This act shall take effect October 1, 2008. |