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. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 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,
andthe 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.