HB 225

1
A bill to be entitled
2An act relating to telephone caller identification;
3providing a short title; creating s. 817.487, F.S.;
4prohibiting entering false information into a telephone
5caller identification system with the intent to deceive,
6defraud, or mislead; prohibiting placing a call knowing
7that false information was entered into the telephone
8caller identification system; providing definitions;
9providing exceptions; providing for enhancement of
10penalties when a violation is committed during the
11commission of a criminal offense or when a violation
12facilitates a criminal offense; providing for application
13to sentencing and gain-time eligibility; providing
14penalties; providing that a violation is an unlawful trade
15practice under specified provisions; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  This act may be cited as the "Caller ID Anti-
21spoofing Act."
22     Section 2.  Section 817.487, Florida Statutes, is created
23to read:
24     817.487  Telephone caller identification systems.--
25     (1)  As used in this section:
26     (a)  "Call" means any type of telephone call made using a
27plain old telephone service (POTS), wireless cellular telephone
28service, or voice-over-Internet protocol (VoIP) service that has
29the capability of accessing users on the public switched
30telephone network or a successor network.
31     (b)  "Caller" means a person who places a call, whether by
32telephone, over a telephone line, or on a computer.
33     (c)  "Enter" means to input data by whatever means into a
34computer or telephone system.
35     (d)  "False information" means data that misrepresents the
36identity of the caller to the recipient of a call; however, when
37a person making an authorized call on behalf of another person
38inserts the name, telephone number, or name and telephone number
39of the person on whose behalf the call is being made, such
40information shall not be deemed false information.
41     (e)  "Telephone caller identification system" means a
42listing of a caller's name, telephone number, or name and
43telephone number that is shown to a recipient of a call when it
44is received.
45     (2)  A person may not enter false information into a
46telephone caller identification system with the intent to
47deceive, defraud, or mislead the recipient of a call.
48     (3)  A person may not place a call knowing that false
49information was entered into the telephone caller identification
50system with the intent to deceive, defraud, or mislead the
51recipient of the call.
52     (4)  This section shall not apply to:
53     (a)  The blocking of caller identification information.
54     (b)  Any law enforcement agency of the federal, state,
55county, or municipal government.
56     (c)  Any intelligence or security agency of the Federal
57Government.
58     (5)(a)  The felony or misdemeanor degree of any criminal
59offense shall be reclassified by the court to the next higher
60degree as provided in this subsection if the offender violated
61subsection (2) or subsection (3) during the commission of the
62criminal offense or if the court finds that a violation by the
63offender of subsection (2) or subsection (3) facilitated or
64furthered the criminal offense. The reclassification shall be as
65follows:
66     1.  In the case of a misdemeanor of the second degree, the
67offense is reclassified as a misdemeanor of the first degree.
68     2.  In the case of a misdemeanor of the first degree, the
69offense is reclassified as a felony of the third degree.
70     3.  In the case of a felony of the third degree, the
71offense is reclassified as a felony of the second degree.
72     4.  In the case of a felony of the second degree, the
73offense is reclassified as a felony of the first degree.
74     5.  In the case of a felony of the first degree or a felony
75of the first degree punishable by a term of imprisonment not
76exceeding life, the offense is reclassified as a life felony.
77     (b)  For purposes of sentencing under chapter 921 and
78determining incentive gain-time eligibility under chapter 944,
79the following offense severity ranking levels apply:
80     1.  An offense that is a misdemeanor of the first degree
81and that is reclassified under this subsection as a felony of
82the third degree is ranked in level 2 of the offense severity
83ranking chart.
84     2.  A felony offense that is reclassified under this
85subsection is ranked one level above the ranking specified in s.
86921.0022 or s. 921.0023 for the offense committed.
87     (6)(a)  Any person who violates subsection (2) or
88subsection (3) commits a misdemeanor of the first degree,
89punishable as provided in s. 775.082 or s. 775.083.
90     (b)  Any violation of subsection (2) or subsection (3)
91constitutes an unlawful trade practice under part II of chapter
92501 and, in addition to any remedies or penalties set forth in
93this section, is subject to any remedies or penalties available
94for a violation of that part.
95     Section 3.  This act shall take effect October 1, 2008.


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