Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. CS for SB 432 Barcode 837974 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/01/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Budget Subcommittee on Criminal and Civil Justice Appropriations (Evers) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (c) of subsection (1) of section 6 775.089, Florida Statutes, is amended to read: 7 775.089 Restitution.— 8 (1) 9 (c) The term “victim” as used in this section and in any 10 provision of law relating to restitution means each person who 11 suffers property damage or loss, monetary expense, or physical 12 injury or death as a direct or indirect result of the 13 defendant’s offense or criminal episode, and also includes the 14 victim’s estate if the victim is deceased,
andthe victim’s next 15 of kin if the victim is deceased as a result of the offense, and 16 the victim’s trade association if the offense is a violation of 17 s. 540.11(3)(a)3. involving the sale, or possession for purposes 18 of sale, of physical articles and the victim has granted the 19 trade association written authorization to represent the 20 victim’s interests in criminal legal proceedings and to collect 21 restitution on the victim’s behalf. The restitution obligation 22 set forth in this paragraph relating to violations of s. 23 540.11(3)(a)3. applies only to physical articles and does not 24 apply to electronic articles or digital files that are 25 distributed or made available online. As used in this paragraph, 26 the term “trade association” means an organization founded and 27 funded by businesses that operate in a specific industry to 28 protect their collective interests. 29 Section 2. This act shall take effect October 1, 2012. 30 31 ================= T I T L E A M E N D M E N T ================ 32 And the title is amended as follows: 33 Delete everything before the enacting clause 34 and insert: 35 A bill to be entitled 36 An act relating to criminal restitution; amending s. 37 775.089, F.S.; providing that a crime victim entitled 38 to restitution may include a trade association 39 representing the owner or lawful producer of a 40 recording who sustains a loss as a result of physical 41 piracy; providing a limitation of the restitution 42 obligation to specifically exclude acts of online 43 piracy; defining the term “trade association”; 44 providing an effective date.