Florida Senate - 2012                       CS for CS for SB 432
       By the Committees on Budget Subcommittee on Criminal and Civil
       Justice Appropriations; and Criminal Justice; and Senators
       Flores, Diaz de la Portilla, Garcia, and Lynn
       604-02763-12                                           2012432c2
    1                        A bill to be entitled                      
    2         An act relating to criminal restitution; amending s.
    3         775.089, F.S.; providing that a crime victim entitled
    4         to restitution may include a trade association
    5         representing the owner or lawful producer of a
    6         recording who sustains a loss as a result of physical
    7         piracy; providing a limitation of the restitution
    8         obligation to specifically exclude acts of online
    9         piracy; defining the term “trade association”;
   10         providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraph (c) of subsection (1) of section
   15  775.089, Florida Statutes, is amended to read:
   16         775.089 Restitution.—
   17         (1)
   18         (c) The term “victim” as used in this section and in any
   19  provision of law relating to restitution means each person who
   20  suffers property damage or loss, monetary expense, or physical
   21  injury or death as a direct or indirect result of the
   22  defendant’s offense or criminal episode, and also includes the
   23  victim’s estate if the victim is deceased, and the victim’s next
   24  of kin if the victim is deceased as a result of the offense, and
   25  the victim’s trade association if the offense is a violation of
   26  s. 540.11(3)(a)3. involving the sale, or possession for purposes
   27  of sale, of physical articles and the victim has granted the
   28  trade association written authorization to represent the
   29  victim’s interests in criminal legal proceedings and to collect
   30  restitution on the victim’s behalf. The restitution obligation
   31  set forth in this paragraph relating to violations of s.
   32  540.11(3)(a)3. applies only to physical articles and does not
   33  apply to electronic articles or digital files that are
   34  distributed or made available online. As used in this paragraph,
   35  the term “trade association” means an organization founded and
   36  funded by businesses that operate in a specific industry to
   37  protect their collective interests.
   38         Section 2. This act shall take effect October 1, 2012.