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A bill to be entitled

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An act relating to use of electronic surveillance

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equipment; creating s. 775.08451, F.S.; defining the term

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"electronic surveillance equipment"; prohibiting use of

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electronic surveillance equipment for specified purposes

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in connection with the commission of a criminal offense;

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prohibiting specified actions concerning information

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received through the use of electronic surveillance

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equipment; providing penalties; providing for

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reclassification of offenses when electronic surveillance

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equipment is used in connection with them; amending s.

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921.0022, F.S.; conforming 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.  Section 775.08451, Florida Statutes, is created

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to read:

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     775.08451 Use of electronic surveillance equipment while

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committing certain offenses.--

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     (1) For the purposes of this section, the term "electronic

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surveillance equipment" means any mechanical, digital, or

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electronic viewing device; still camera; camcorder; motion

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picture camera; or any other instrument, equipment, or format

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capable of recording, storing, or transmitting visual images of

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another person.

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     (2) A person shall not:

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     (a) Use any form of electronic surveillance equipment to

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assist in committing a crime or to escape from or avoid

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detection, arrest, trial, conviction, or punishment in connection

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with the commission of such crime.

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     (b)1. Divulge the existence, contents, substance, purport,

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effect, or meaning of any information received through the use of

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electronic surveillance equipment to any person he or she knows

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to be a suspect in the commission of a crime with the intent that

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the suspect may escape from or avoid detention, arrest, trial,

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conviction, or punishment.

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     2. Any person who violates subparagraph 1. commits a

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misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083.

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     (3) The felony or misdemeanor degree of any criminal

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offense underlying a violation of paragraph (2)(a) shall be

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reclassified to the next higher degree as follows:

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     (a) A misdemeanor of the second degree shall be punished as

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if it were a misdemeanor of the first degree.

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     (b) A misdemeanor of the first degree shall be punished as

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if it were a felony of the third degree.

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     (c) A felony of the third degree shall be punished as if it

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were a felony of the second degree.

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     (d) A felony of the second degree shall be punished as if

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it were a felony of the first degree.

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     (e) A felony of the first degree shall be punished as if it

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were a life felony.

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For purposes of sentencing under chapter 921, a felony offense

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that is reclassified under this subsection is ranked one level

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above the ranking under s. 921.0022 or s. 921.0023 of the offense

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committed.

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     Section 2.  Subsection (2) of section 921.0022, Florida

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Statutes, is amended to read:

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     921.0022  Criminal Punishment Code; offense severity ranking

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chart.--

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     (2)  The offense severity ranking chart has 10 offense

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levels, ranked from least severe, which are level 1 offenses, to

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most severe, which are level 10 offenses, and each felony offense

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is assigned to a level according to the severity of the offense.

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For purposes of determining which felony offenses are

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specifically listed in the offense severity ranking chart and

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which severity level has been assigned to each of these offenses,

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the numerical statutory references in the left column of the

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chart and the felony degree designations in the middle column of

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the chart are controlling; the language in the right column of

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the chart is provided solely for descriptive purposes.

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Reclassification of the degree of the felony through the

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application of s. 775.0845, s. 775.08451, s. 775.0861, s.

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775.087, s. 775.0875, s. 794.023, or any other law that provides

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an enhanced penalty for a felony offense, to any offense listed

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in the offense severity ranking chart in this section shall not

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cause the offense to become unlisted and is not subject to the

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provisions of s. 921.0023.

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