Florida Senate - 2015                                     SB 218
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-00427A-15                                           2015218__
    1                        A bill to be entitled                      
    2         An act relating to the interception and recording of
    3         oral communications; amending s. 934.03, F.S.;
    4         providing that it is lawful for a minor who is a
    5         victim of sexual abuse to intercept and record an oral
    6         communication of the abuser without the abuser’s
    7         knowledge or consent; conforming a cross-reference;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present paragraphs (h), (i), and (j) of
   13  subsection (2) of section 934.03, Florida Statutes, are
   14  redesignated as paragraphs (i), (j), and (k), respectively, and
   15  a new paragraph (h) is added to that subsection, and paragraph
   16  (b) of subsection (4) of that section is amended, to read:
   17         934.03 Interception and disclosure of wire, oral, or
   18  electronic communications prohibited.—
   19         (2)
   20         (h) It is lawful under ss. 934.03-934.09 for a minor who is
   21  a victim of sexual abuse to intercept and record an oral
   22  communication of the abuser without the abuser’s knowledge or
   23  consent.
   24         (4)
   25         (b) If the offense is a first offense under paragraph (a)
   26  and is not for any tortious or illegal purpose or for purposes
   27  of direct or indirect commercial advantage or private commercial
   28  gain, and the wire or electronic communication with respect to
   29  which the offense under paragraph (a) was committed is a radio
   30  communication that is not scrambled, encrypted, or transmitted
   31  using modulation techniques the essential parameters of which
   32  have been withheld from the public with the intention of
   33  preserving the privacy of such communication, then:
   34         1. If the communication is not the radio portion of a
   35  cellular telephone communication, a cordless telephone
   36  communication that is transmitted between the cordless telephone
   37  handset and the base unit, a public land mobile radio service
   38  communication, or a paging service communication, and the
   39  conduct is not that described in subparagraph (2)(i)7. (2)(h)7.,
   40  the person committing the offense is guilty of a misdemeanor of
   41  the first degree, punishable as provided in s. 775.082 or s.
   42  775.083.
   43         2. If the communication is the radio portion of a cellular
   44  telephone communication, a cordless telephone communication that
   45  is transmitted between the cordless telephone handset and the
   46  base unit, a public land mobile radio service communication, or
   47  a paging service communication, the person committing the
   48  offense is guilty of a misdemeanor of the second degree,
   49  punishable as provided in s. 775.082 or s. 775.083.
   50         Section 2. This act shall take effect July 1, 2015.