1

The Committee on Commerce (Justice) recommended the following

2

amendment:

3

4

     Senate Amendment (with title amendment)

5

     Delete everything after the enacting clause

6

and insert:

7

Section 1. This act may be cited as the "Caller ID

8

Anti-spoofing Act."

9

     Section 2.  Section 817.487, Florida Statutes, is created

10

to read:

11

     817.487 Telephone caller identification systems.--

12

     (1) As used in this section:

13

     (a) "Call" means any type of telephone call made using a

14

public switched telephone network, wireless cellular telephone

15

service, or voice-over-Internet protocol (VoIP) service that has

16

the capability of accessing users on the public switched

17

telephone network or a successor network.

18

     (b) "Caller" means a person who places a call, whether by

19

telephone, over a telephone line, or on a computer.

20

     (c) "Enter" means to input data by whatever means into a

21

computer or telephone system.

22

     (d) "False information" means data that misrepresents the

23

identity of the caller to the recipient of a call or to the

24

network itself; however, when a person making an authorized call

25

on behalf of another person inserts the name, telephone number,

26

or name and telephone number of the person on whose behalf the

27

call is being made, such information shall not be deemed false

28

information.

29

     (e) "Telephone caller identification system" means a

30

listing of a caller's name, telephone number, or name and

31

telephone number that is shown to a recipient of a call when it

32

is received.

33

     (2) A person may not enter or cause to be entered false

34

information into a telephone caller identification system with

35

the intent to deceive, defraud, or mislead the recipient of a

36

call.

37

     (3) A person may not place a call knowing that false

38

information was entered into the telephone caller identification

39

system with the intent to deceive, defraud, or mislead the

40

recipient of the call.

41

     (4) This section shall not apply to:

42

     (a) The blocking of caller identification information.

43

     (b) Any law enforcement agency of the federal, state,

44

county, or municipal government.

45

     (c) Any intelligence or security agency of the Federal

46

Government.

47

     (5)(a) Any person who violates subsection (2) or

48

subsection (3) commits a misdemeanor of the first degree,

49

punishable as provided in s. 775.082 or s. 775.083.

50

     (b) Any violation of subsection (2) or subsection (3)

51

constitutes an unlawful trade practice under part II of chapter

52

501 and, in addition to any remedies or penalties set forth in

53

this section, is subject to any remedies or penalties available

54

for a violation of that part.

55

(6)(a) The felony or misdemeanor degree of any criminal

56

offense shall be reclassified by the court to the next higher

57

degree as provided in this subsection if the offender violated

58

subsection (2) or subsection (3) during the commission of the

59

criminal offense or if a violation by the offender of subsection

60

(2) or subsection (3) facilitated or furthered the criminal

61

offense. The reclassification shall be as follows:

62

     1. In the case of a misdemeanor of the second degree, the

63

offense is reclassified as a misdemeanor of the first degree.

64

     2. In the case of a misdemeanor of the first degree, the

65

offense is reclassified as a felony of the third degree.

66

     3. In the case of a felony of the third degree, the

67

offense is reclassified as a felony of the second degree.

68

     4. In the case of a felony of the second degree, the

69

offense is reclassified as a felony of the first degree.

70

     5. In the case of a felony of the first degree or a felony

71

of the first degree punishable by a term of imprisonment not

72

exceeding life, the offense is reclassified as a life felony.

73

     (b) For purposes of sentencing under chapter 921 the

74

following offense severity ranking levels apply:

75

     1. An offense that is a misdemeanor of the first degree

76

and that is reclassified under this subsection as a felony of

77

the third degree is ranked in level 2 of the offense severity

78

ranking chart.

79

     2. A felony offense that is reclassified under this

80

subsection is ranked one level above the ranking specified in s.

81

921.0022 or s. 921.0023 for the offense committed.

82

          Section 3.  This act shall take effect October 1,

83

2008.

84

85

86

================ T I T L E  A M E N D M E N T ================

87

And the title is amended as follows:

88

     Delete everything before the enacting clause

89

and insert:

90

A bill to be entitled

91

An act relating to telephone caller identification;

92

providing a short title; creating s. 817.487, F.S.;

93

prohibiting entering or causing to be entered false

94

information into a telephone caller identification system

95

with the intent to deceive, defraud, or mislead;

96

prohibiting placing a call knowing that false information

97

was entered into the telephone caller identification

98

system; providing definitions; providing exceptions;

99

providing penalties; providing that a violation is an

100

unlawful trade practice under specified provisions;

101

providing for enhancement of penalties when a violation is

102

committed during the commission of a criminal offense or

103

when a violation facilitates a criminal offense; providing

104

an effective date.

3/3/2008  9:26:00 AM     CM.CM.04320