Senate Bill 1308

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 1308

    By Senator Webster





    12-717-99                                           See HB 415

  1                      A bill to be entitled

  2         An act relating to optical discs; providing

  3         definitions; requiring certain manufacturers of

  4         optical discs to mark the discs with certain

  5         information; providing penalties for failure to

  6         comply; prohibiting certain activities

  7         involving unmarked discs or discs on which the

  8         mark is altered; providing penalties;

  9         prohibiting certain activities involving

10         altering such marks; providing penalties;

11         providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  (1)  For purposes of this act, the term:

16         (a)  "Commercial purposes" means the manufacture of at

17  least 10 of the same or different optical discs in a 180-day

18  period by storing information on the disc for purposes of sale

19  in this state by that person or other persons.

20         (b)  "Manufacture" means replication of the physical

21  optical disc or production of the master used in any optical

22  disc replication process, but does not include the manufacture

23  of optical discs for internal use, testing, or review or blank

24  optical discs.

25         (c)  "Optical disc" means a disc capable of being read

26  by a laser or other light source on which data is stored in

27  digital form, including, but not limited to, discs known as

28  compact discs, recordable compact discs, and digital video

29  discs.

30         (2)(a)  Each person who manufactures optical discs for

31  commercial purposes shall permanently mark each manufactured

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1308
    12-717-99                                           See HB 415




  1  optical disc with an identification mark that identifies the

  2  name of the manufacturer and the state in which the optical

  3  disc was manufactured. The identification mark shall be

  4  affixed by molding, diestamping, etching, or other permanent

  5  method in a manner in which it is clearly visible without the

  6  aid of magnification or special devices to read the mark. Any

  7  person who manufactures optical discs for commercial purposes

  8  without complying with this paragraph shall be subject to a

  9  fine of not less than $500 nor more than $5,000 for a first

10  offense and a fine of not less than $5,000 nor more than

11  $50,000 for a second or subsequent offense.

12         (b)  It is unlawful for any person to buy, sell,

13  receive, transfer, or possess for purposes of sale or rental

14  an optical disc knowing that the identification mark required

15  by this section has been removed, defaced, covered, altered,

16  or destroyed or knowing it was manufactured in this state

17  without the required identification mark or with a false

18  identification mark. Any person who buys, sells, receives,

19  transfers, or possesses for purposes of sale or rental an

20  optical disc knowing that the identification mark required by

21  this section has been removed, defaced, covered, altered, or

22  destroyed or knowing it was manufactured in this state without

23  the required identification mark or with a false

24  identification mark commits a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or by a fine of up to

26  $10,000, or both.

27         (c)  It is unlawful for any person to knowingly remove,

28  deface, cover, alter, or destroy the identification mark

29  required by this section. Any person who knowingly removes,

30  defaces, covers, alters, or destroys the identification mark

31  required by this section commits a misdemeanor of the first

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1308
    12-717-99                                           See HB 415




  1  degree, punishable as provided in s. 775.082 or by a fine of

  2  up to $50,000, or both.

  3         Section 2.  This act shall take effect October 1, 1999.

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  6                       LEGISLATIVE SUMMARY

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      Requires each person who manufactures an optical disc for
  8    commercial purposes for sale in this state to permanently
      mark each manufactured optical disc with an
  9    identification mark that identifies the name of the
      manufacturer and the state in which the optical disc was
10    manufactured. Prohibits buying or selling, receiving,
      transferring, or possessing for purposes of sale or
11    rental an optical disc knowing that the required
      identification mark has been removed, defaced, covered,
12    altered, or destroyed or that the disc was manufactured
      without the mark or with a false mark. Prohibits
13    removing, defacing, covering, altering, or destroying the
      identification mark. (See bill for details.)
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