House Bill 0415
CODING: Words stricken are deletions; words underlined are additions.
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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