Senate Bill 1308c1

    Florida Senate - 1999                           CS for SB 1308

    By the Committee on Criminal Justice and Senator Webster





    307-2013-99

  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         (d)  "Identification mark" means the name of the

31  manufacturer and the state in which the disc was manufactured,

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






    Florida Senate - 1999                           CS for SB 1308
    307-2013-99




  1  or a unique identifier that identifies the place where an

  2  optical disc was manufactured.

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

  4  commercial purposes shall permanently mark each manufactured

  5  optical disc with an identification mark. The identification

  6  mark shall be affixed by molding, diestamping, etching, or

  7  other permanent method in a manner in which it is clearly

  8  visible without the aid of magnification or special devices to

  9  read the mark. Any person who manufactures optical discs for

10  commercial purposes without complying with this paragraph

11  shall be subject to a fine of up to $5,000 for a first offense

12  and a fine of up to $50,000 for a second or subsequent

13  offense.

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

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

16  an optical disc knowing that the identification mark required

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

18  or destroyed or knowing it was manufactured in this state

19  without the required identification mark or with a false

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

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

22  optical disc knowing that the identification mark required by

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

24  destroyed or knowing it was manufactured in this state without

25  the required identification mark or with a false

26  identification mark commits a misdemeanor of the first degree,

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

28  $10,000, or both.

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

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

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

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






    Florida Senate - 1999                           CS for SB 1308
    307-2013-99




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

  2  required by this section commits a misdemeanor of the first

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

  4  up to $50,000, or both.

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

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  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                         Senate Bill 1308

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10  -     Defines "identification mark."

11  -     Provides that noncompliance with requirements regarding
          identification marks on an optical disc shall be subject
12        to a fine of up to $5,000 for a first offense and a fine
          of up to $50,000 for a second or subsequent offense.
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