House Bill 0141

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    Florida House of Representatives - 1999                 HB 141

        By Representatives Russell, Byrd, Feeney, Bense,
    Argenziano, Putnam, Fasano, Waters, Cantens, Valdes,
    Alexander, Jones, Sorensen, Hart, Wallace, Flanagan,
    Goodlette, Fiorentino and Murman



  1                      A bill to be entitled

  2         An act relating to operations of law

  3         enforcement agencies; prohibiting a person from

  4         initiating, or attempting to initiate, contact

  5         with any person who is directly involved in the

  6         mobilization, deployment, or tactical

  7         operations of a law enforcement agency,

  8         including the commission of a kidnapping or

  9         other incident involving the taking or holding

10         of hostages; prohibiting a person from

11         broadcasting to the public a live audio or

12         video transmission of the tactical operations

13         of a law enforcement agency; providing a

14         penalty; providing that a person may initiate,

15         or attempt to initiate, contact with a person

16         involved in the operations of a law enforcement

17         agency, or may broadcast a live transmission of

18         tactical law enforcement operations, upon the

19         express authorization of the agency or upon the

20         completion of the operations; providing an

21         effective date.

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23         WHEREAS, on May 19, 1998, following a multicounty spree

24  of violence that left two police detectives and a state

25  trooper dead, Hank Earl Carr barricaded himself in a

26  convenience store and took the female clerk hostage, and

27         WHEREAS, during the ensuing 4-hour standoff, law

28  enforcement officers attempted to negotiate with Carr but were

29  unable to contact him by telephone because radio station

30  personnel had telephoned the convenience store and were airing

31  a live, 6-minute interview with the suspect, and

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    Florida House of Representatives - 1999                 HB 141

    709-100A-99






  1         WHEREAS, after hearing the radio interview, a newspaper

  2  reporter also contacted the convenience store by telephone,

  3  again interfering with attempts by law enforcement officers to

  4  negotiate with the suspect, and

  5         WHEREAS, in addition to interfering with attempts by

  6  law enforcement officers to negotiate with Carr, helicopters

  7  from local television stations circled the scene and broadcast

  8  live coverage that indicated to the suspect the location of

  9  law enforcement personnel, and

10         WHEREAS, in an attempt to provide "live" coverage of a

11  breaking news story, members of the news media seriously

12  interfered with a hostage negotiation and endangered the lives

13  of law enforcement officers and civilians, and

14         WHEREAS, while the Legislature recognizes that the news

15  media must be able to report a news story, it is necessary to

16  address the offense of interfering with law enforcement

17  operations and to impose severe penalties for any such offense

18  in order to prevent further tragedy, NOW, THEREFORE,

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

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22         Section 1.  Unauthorized communications prohibited

23  during the course of an incident involving law enforcement

24  operations.--

25         (1)  During the course of any incident that involves

26  the mobilization, deployment, or tactical operations of a law

27  enforcement agency, including, but not limited to, a

28  kidnapping or other incident that involves the taking or

29  holding of one or more hostages, a person may not:

30         (a)  Initiate, or attempt to initiate, contact or

31  communication with any person directly involved in the

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    Florida House of Representatives - 1999                 HB 141

    709-100A-99






  1  tactical law enforcement operations or incident, excluding law

  2  enforcement personnel.

  3         (b)  Knowingly broadcast or telecast to the public any

  4  type of live audio transmission or live video transmission

  5  that records or depicts the tactical law enforcement

  6  operations, including, but not limited to, deployment of law

  7  enforcement personnel and equipment, until the tactical

  8  operations are completed.

  9         (2)  Any person who violates subsection (1) commits a

10  felony of the third degree, punishable as provided in section

11  775.082, section 775.083, or section 775.084, Florida

12  Statutes.

13         (3)  Notwithstanding subsection (1), a person may

14  initiate, or attempt to initiate, contact or communication

15  with a person directly involved in an incident that involves

16  the mobilization, deployment, or tactical operations of a law

17  enforcement agency, or may broadcast or telecast a live audio

18  or video transmission of tactical law enforcement operations,

19  if that person is expressly authorized to do so by a law

20  enforcement officer who has jurisdiction over the operations

21  or incident or if the law enforcement agency has completed its

22  operations pertaining to that incident.

23         Section 2.  This act shall take effect July 1, 1999.

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    Florida House of Representatives - 1999                 HB 141

    709-100A-99






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  2                          SENATE SUMMARY

  3    Provides that it is a third-degree felony for a person to
      initiate, or attempt to initiate, contact with any person
  4    directly involved in the mobilization, deployment, or
      tactical operations of a law enforcement agency,
  5    including a kidnapping or other incident involving the
      taking or holding of hostages. Provides that it a
  6    third-degree felony for a person to knowingly broadcast
      to the public any live audio or live video transmission
  7    that records or depicts such tactical law enforcement
      operations. Provides for an exception to such
  8    prohibitions upon the express authorization of the law
      enforcement agency or upon the completion of the
  9    operations.

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