Florida Senate - 2023                                     SB 174
       
       
        
       By Senator Polsky
       
       
       
       
       
       30-00458-23                                            2023174__
    1                        A bill to be entitled                      
    2         An act relating to obscene or harassing telephone
    3         calls; amending s. 365.16, F.S.; revising a
    4         prohibition on telephone calls made for certain
    5         purposes; increasing the classification of certain
    6         offenses involving telephone calls; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (1) of section 365.16, Florida
   12  Statutes, is amended to read:
   13         365.16 Obscene or harassing telephone calls.—
   14         (1) Whoever:
   15         (a) Makes a telephone call and to a location at which the
   16  person receiving the call has a reasonable expectation of
   17  privacy; during such call makes any comment, request,
   18  suggestion, or proposal which is obscene, lewd, lascivious,
   19  filthy, vulgar, or indecent; and by such call or such language
   20  intends to offend, annoy, abuse, threaten, or harass any person
   21  at the called number;
   22         (b) Makes a telephone call, whether or not conversation
   23  ensues, without disclosing his or her identity and with intent
   24  to annoy, abuse, threaten, or harass any person at the called
   25  number;
   26         (c) Makes or causes the telephone of another repeatedly or
   27  continuously to ring, with intent to harass any person at the
   28  called number; or
   29         (d) Makes repeated telephone calls, during which
   30  conversation ensues, solely to harass any person at the called
   31  number,
   32  
   33  commits is guilty of a felony misdemeanor of the third second
   34  degree, punishable as provided in s. 775.082, or s. 775.083, or
   35  s. 775.084.
   36         Section 2. This act shall take effect October 1, 2023.