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The Committee on Commerce (Diaz de la Portilla) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (3) of section 540.11, Florida

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Statutes, is amended to read:

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     540.11  Unauthorized copying of phonograph records, disk,

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wire, tape, film, or other article on which sounds are

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recorded.--

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     (3)(a)  It is unlawful:

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     1.  To sell or offer for sale or resale, advertise, cause

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the sale or resale of, rent, transport or cause to be rented or

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transported, or possess for any of these purposes any article

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with the knowledge, or with reasonable grounds to know, that the

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sounds thereon have been transferred without the consent of the

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owner.

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     2.  To sell or offer for sale or resale, advertise, cause

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the sale or resale of, rent, transport or cause to be rented or

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transported, or possess for any of these purposes any article

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embodying any performance, whether live before an audience or

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transmitted by wire or through the air by radio or television,

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which was recorded without the consent of the performer.

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     3.  Knowingly, for commercial advantage or private

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financial gain to sell or resell, offer for sale or resale,

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advertise, cause the sale or resale of, rent, transport or cause

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to be rented or transported, or possess for such purposes, any

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phonograph record, disk, wire, tape, film, or other article on

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which sounds are recorded, unless the outside cover, box, or

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jacket clearly and conspicuously discloses the actual name and

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address of the manufacturer thereof, and the name of the actual

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performer or group.

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     (b)1.  A person who violates paragraph (a) commits a felony

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of the third degree, punishable as provided in s. 775.082, by a

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fine of up to $250,000, or both if the offense involves at least

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1,000 unauthorized articles embodying sound or at least 65

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unauthorized audiovisual articles during any 180-day period or

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is a second or subsequent conviction under either this

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subparagraph or subparagraph 2. of this subsection.

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     2.  A person who violates paragraph (a) commits a felony of

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the third degree, punishable as provided in s. 775.082, by a

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fine of up to $150,000, or both if the offense involves more

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than 100 but less than 1,000 unauthorized articles embodying

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sound or more than 7 but less than 65 unauthorized audiovisual

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articles during any 180-day period.

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     3.  A person who otherwise violates this subsection commits

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a misdemeanor of the first degree, punishable as provided in s.

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775.082, by a fine of up to $25,000, or both.

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     4. The court shall order a person who violates paragraph

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(a) to make restitution to an owner who suffered injury

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resulting from the violation or to the trade association

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representing such owner. The amount of restitution shall be

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based on the aggregate average wholesale value of authorized

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articles that correspond with the unauthorized articles involved

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in the offense, unless a greater value can be proven. The order

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shall also include investigative costs relating to the offense.

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     Section 2.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to unauthorized copies of recordings;

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amending s. 540.11, F.S.; requiring a court to order a

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person who violates state law regarding the unauthorized

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sale, resale, rental, or transportation of certain

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articles to make restitution to the owner who suffered

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injury resulting from the violation or to the trade

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association representing such owner; requiring that the

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amount of restitution be based on the aggregate average

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wholesale value of authorized articles that correspond

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with the unauthorized articles involved in the offense,

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including investigative costs relating to the offense;

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providing an effective date.

3/14/2008  1:39:00 PM     577-05009-08