House Bill 0433e1

                                       HB 433, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to unauthorized transmissions

  3         on telecommunications frequencies; amending s.

  4         843.165, F.S.; prohibiting an unauthorized

  5         person from transmitting over a radio frequency

  6         assigned to a governmental agency or an

  7         emergency medical services provider; providing

  8         penalties; providing exceptions; providing an

  9         effective date.

10

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

12

13         Section 1.  Section 843.165, Florida Statutes, is

14  amended to read:

15         843.165  Unauthorized transmissions and interference to

16  governmental and associated on police or fire radio

17  frequencies prohibited; penalties; exceptions.--

18         (1)  A No person may not shall transmit, or cause to be

19  transmitted, over any radio frequency with knowledge that such

20  frequency is assigned by the Federal Communications Commission

21  to a state, county, or municipal governmental fire or police

22  agency or water management district, including, but not

23  limited to, a law enforcement, fire, government

24  administration, or emergency management agency or any public

25  or private emergency medical services provider, any sounds,

26  jamming device, jamming transmissions, or speech, or radio

27  frequency carrier wave except: those persons who are unless

28  authorized in writing to do so by the agency's chief

29  administrator; employees of the agency who are authorized to

30  transmit by virtue of their duties with the agency; and those

31  persons holding a valid station license assigned by the


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                       HB 433, First Engrossed/ntc



  1  Federal Communications Commission to transmit on such

  2  frequencies head of such agency.

  3         (2)  A person may not knowingly obstruct, jam, or

  4  interfere with radio transmissions made by volunteer

  5  communications personnel of any state, county, or municipal

  6  governmental agency, water management district, volunteers of

  7  any public or private emergency medical services provider, or

  8  volunteers in any established Skywarn program when the

  9  volunteers are providing communications support upon request

10  of the governmental agency during tests, drills, field

11  operations, or emergency events.

12         (3)(2)  Any person who violates this section commits

13  subsection (1) is guilty of a misdemeanor of the first degree,

14  punishable as provided in s. 775.082 or s. 775.083.

15         (4)(3)  It is lawful not unlawful for any person to

16  transmit, or cause to be transmitted, speech or sounds over

17  any authorized transmitter operating on assigned to police or

18  fire frequencies specified in subsection (1) when the person:

19         (a)  Such person Has been commanded to do so by an

20  authorized operator of the transmitter; or

21         (b)  Such person Is acting to summon assistance for the

22  authorized operator who, for any reason, is unable to make the

23  transmission; or.

24         (c)  Is a radio technician or installer who is testing,

25  repairing, or installing radio equipment at the request of a

26  state, county, or municipal governmental agency, water

27  management district or licensed public or private emergency

28  medical services provider.

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

30

31


                                  2