House Bill 0415

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    Florida House of Representatives - 1999                 HB 415

        By Representative Morroni






  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:

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

17  least 10 optical discs in a 180-day period by storing

18  information on the disc for purposes of sale in this state by

19  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 (CDs) and digital video discs (DVDs).

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

30  commercial purposes shall permanently mark each manufactured

31  optical disc with an identification mark that identifies the

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






    Florida House of Representatives - 1999                 HB 415

    536-160-99






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

  2  disc was manufactured. The identification mark shall be

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

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

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

  6  person who manufactures optical discs for commercial purposes

  7  without complying with this paragraph shall be subject to a

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

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

10  $50,000 for a second or subsequent offense.

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

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

13  an optical disc knowing that the identification mark required

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

15  or destroyed or knowing it was manufactured in this state

16  without the required identification mark or with a false

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

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

19  optical disc knowing that the identification mark required by

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

21  destroyed or knowing it was manufactured in this state without

22  the required identification mark or with a false

23  identification mark commits a misdemeanor of the first degree,

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

25  $10,000, or both.

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

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

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

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

30  required by this section commits a misdemeanor of the first

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






    Florida House of Representatives - 1999                 HB 415

    536-160-99






  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                          HOUSE 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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