Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 432
       
       
       
       
       
       
                                Barcode 837974                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2012           .                                
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       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, and the 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.