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A bill to be entitled

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An act relating to telephone caller identification;

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

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prohibiting entering false information into a telephone

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caller identification system with the intent to deceive,

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defraud, or mislead; prohibiting placing a call knowing

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that false information was entered into the telephone

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caller identification system; providing definitions;

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providing exceptions; providing for enhancement of

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penalties when a violation is committed during the

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commission of a criminal offense or when a violation

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facilitates a criminal offense; providing for application

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to sentencing and gain-time eligibility; providing

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penalties; providing that a violation is an unlawful trade

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practice under specified provisions; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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

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Anti-spoofing Act."

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     Section 2.  Section 817.487, Florida Statutes, is created to

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read:

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     817.487 Telephone caller identification systems.--

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     (1) As used in this section:

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

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plain old telephone service (POTS), wireless cellular telephone

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

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the capability of accessing users on the public switched

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telephone network or a successor network.

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

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

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

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computer or telephone system.

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

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identity of the caller to the recipient of a call; however, when

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a person making an authorized call on behalf of another person

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inserts the name, telephone number, or name and telephone number

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of the person on whose behalf the call is being made, such

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information shall not be deemed false information.

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     (e) "Telephone caller identification system" means a

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

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

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is received.

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     (2) A person may not enter false information into a

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telephone caller identification system with the intent to

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deceive, defraud, or mislead the recipient of a call.

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

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information was entered into the telephone caller identification

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

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recipient of the call.

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     (4) This section shall not apply to:

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     (a) The blocking of caller identification information.

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

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county, or municipal government.

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     (c) Any intelligence or security agency of the Federal

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Government.

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

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offense shall be reclassified by the court to the next higher

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degree as provided in this subsection if the offender violated

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

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criminal offense or if the court finds that a violation by the

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offender of subsection (2) or subsection (3) facilitated or

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furthered the criminal offense. The reclassification shall be as

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follows:

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

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offense is reclassified as a misdemeanor of the first degree.

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

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offense is reclassified as a felony of the third degree.

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

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is reclassified as a felony of the second degree.

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

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offense is reclassified as a felony of the first degree.

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

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of the first degree punishable by a term of imprisonment not

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

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     (b) For purposes of sentencing under chapter 921 and

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determining incentive gain-time eligibility under chapter 944,

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the following offense severity ranking levels apply:

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

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that is reclassified under this subsection as a felony of the

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

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chart.

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     2. A felony offense that is reclassified under this

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

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921.0022 or s. 921.0023 for the offense committed.

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

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(3) commits a misdemeanor of the first degree, punishable as

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provided in s. 775.082 or s. 775.083.

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

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constitutes an unlawful trade practice under part II of chapter

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

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this section, is subject to any remedies or penalties available

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for a violation of that part.

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     Section 3.  This act shall take effect October 1, 2008.