Florida Senate - 2024                                     SB 448
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00516-24                                             2024448__
    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         correcting a reference to the statewide emergency
    5         communications plan; providing enhanced criminal
    6         penalties for a specified violation of emergency
    7         communications services which results in bodily injury
    8         or property damage; requiring a court to order
    9         restitution for certain violations; providing
   10         requirements for such restitution; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (aa) of subsection (3) and subsection
   16  (14) of section 365.172, Florida Statutes, are amended to read:
   17         365.172 Emergency communications.—
   18         (3) DEFINITIONS.—Only as used in this section and ss.
   19  365.171, 365.173, 365.174, and 365.177, the term:
   20         (aa) “Public safety answering point,” “PSAP,” or “answering
   21  point” means the public safety agency that receives incoming 911
   22  requests for assistance and dispatches appropriate public safety
   23  agencies to respond to the requests in accordance with the
   24  statewide emergency communications state E911 plan.
   25         (14) MISUSE OF 911, E911, OR NG911 SYSTEM; PENALTY.—911,
   26  E911, and NG911 service must be used solely for emergency
   27  communications by the public.
   28         (a) A any person who does any of the following commits a
   29  misdemeanor of the first degree, punishable as provided in s.
   30  775.082 or s. 775.083:
   31         1. Accesses the number 911 for the purpose of making a
   32  false alarm or complaint or reporting false information that
   33  could result in the emergency response of any public safety
   34  agency.; any person who
   35         2. Knowingly uses or attempts to use such service for a
   36  purpose other than obtaining public safety assistance.; or any
   37  person who
   38         3. Knowingly uses or attempts to use such service in an
   39  effort to avoid any charge for service, commits a misdemeanor of
   40  the first degree, punishable as provided in s. 775.082 or s.
   41  775.083.
   42         (b) A person who violates subparagraph (a)1. during which
   43  violation the subsequent emergency response results in bodily
   44  injury or property damage as a proximate result of lawful
   45  conduct arising out of the emergency response commits a felony
   46  of the third degree, punishable as provided in s. 775.082, s.
   47  775.083, or s. 775.084.
   48         (c) After being convicted of unauthorized use of such
   49  service four times, a person who continues to engage in such
   50  unauthorized use commits a felony of the third degree,
   51  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   52         (d) A court shall order any person convicted of violating
   53  this subsection to pay restitution to a responding public safety
   54  agency. The restitution must include the full payment of any
   55  cost incurred by such agency, including bodily injury or
   56  property damage caused by the response In addition, if the value
   57  of the service or the service charge obtained in a manner
   58  prohibited by this subsection exceeds $100, the person
   59  committing the offense commits a felony of the third degree,
   60  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   61         Section 2. This act shall take effect upon becoming a law.