364.245 Discontinuation of telecommunications service used for unlawful purpose.—
(1) A customer of a telecommunications company operating within the state may use telecommunications services only for lawful purposes.
(2) If a local, state, or federal law enforcement officer acting within the scope of the officer’s duties obtains evidence that telecommunications services are being used or have been used by a customer or by the employee or agent of the customer to violate state or federal law, the officer may apply to the circuit court of the county in which the suspected violation of state or federal law occurred for an order requiring the telecommunications company to discontinue service to the customer of the services. The court shall hold a hearing on the application as soon as possible, but no sooner than 48 hours after notice of the application for discontinuation of service is delivered to the address at which the telecommunications services are furnished or to the address to which bills for telecommunications services are mailed, according to the telecommunications company records. Notice must also be given to the registered agent for the service of process upon the telecommunications company at least 48 hours prior to the hearing. If the court finds clear and convincing evidence that the telecommunications services are being used or have been used to violate state or federal law, the court shall order the telecommunications company to discontinue such service immediately.
(3) Telecommunications service discontinued under this section may be reinstated only by court order, and call forwarding or message referrals, whether recorded or live, may not be provided until reinstatement of service is ordered by the court.
(4) A telecommunications company shall be held harmless from liability to any person in complying with any court order issued under this section.
History.—s. 20, ch. 95-403; s. 8, ch. 2000-334.
Section: Previous 364.105 364.107 364.16 364.163 364.183 364.195 364.24 364.245 364.285 364.30 364.32 364.33 364.335 364.336 364.3375 NextLast modified: September 23, 2016