Florida Senate - 2025                                     SB 278
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00097-25                                             2025278__
    1                        A bill to be entitled                      
    2         An act relating to the misuse of emergency
    3         communications systems; amending s. 365.172, F.S.;
    4         providing enhanced criminal penalties for a specified
    5         violation relating to the use of emergency
    6         communications services which results in bodily injury
    7         or property damage; requiring courts to order
    8         restitution for certain violations; providing
    9         requirements for such restitution; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (14) of section 365.172, Florida
   15  Statutes, is amended to read:
   16         365.172 Emergency communications.—
   17         (14) MISUSE OF 911, E911, OR NG911 SYSTEM; PENALTY.—911,
   18  E911, and NG911 service must be used solely for emergency
   19  communications by the public.
   20         (a) A any person who does any of the following commits a
   21  misdemeanor of the first degree, punishable as provided in s.
   22  775.082 or s. 775.083:
   23         1. Accesses the number 911 for the purpose of making a
   24  false alarm or complaint or reporting false information that
   25  could result in the emergency response of any public safety
   26  agency.; any person who
   27         2. Knowingly uses or attempts to use such service for a
   28  purpose other than obtaining public safety assistance.; or any
   29  person who
   30         3. Knowingly uses or attempts to use such service in an
   31  effort to avoid any charge for service, commits a misdemeanor of
   32  the first degree, punishable as provided in s. 775.082 or s.
   33  775.083.
   34         (b) If a person violates subparagraph (a)1. and during the
   35  violation the subsequent emergency response results in bodily
   36  injury or property damage as a proximate result of lawful
   37  conduct arising out of the emergency response, the person
   38  commits a felony of the third degree, punishable as provided in
   39  s. 775.082, s. 775.083, or s. 775.084.
   40         (c) After being convicted of unauthorized use of emergency
   41  communications services such service four times, a person who
   42  continues to engage in such unauthorized use commits a felony of
   43  the third degree, punishable as provided in s. 775.082, s.
   44  775.083, or s. 775.084.
   45         (d) A court shall order any person convicted of violating
   46  this subsection to pay restitution to a responding public safety
   47  agency. The restitution must include the full payment of any
   48  cost incurred by such agency, including bodily injury or
   49  property damage caused by the response In addition, if the value
   50  of the service or the service charge obtained in a manner
   51  prohibited by this subsection exceeds $100, the person
   52  committing the offense commits a felony of the third degree,
   53  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   54         Section 2. This act shall take effect upon becoming a law.