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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 that a person who

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violates state law regarding the unauthorized sale,

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resale, rental, or transportation of certain articles on

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which sounds are recorded pay restitution to the owner or

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lawful producer of the master recording, master disc,

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master tape, master videotape, master film, or other

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device or article from which sounds or visual images were

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derived or to the trade association representing such

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owner or lawful producer who suffered injury resulting

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from the violation; requiring that the order of

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restitution be based on the aggregate wholesale value of

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lawfully manufactured and authorized recorded devices

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corresponding to the nonconforming recorded devices

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involved in the offense, including investigative costs

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relating to the offense; providing an effective date.

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

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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 financial

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

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

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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 is

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a second or subsequent conviction under either this subparagraph

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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 fine

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of up to $150,000, or both if the offense involves more than 100

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but less than 1,000 unauthorized articles embodying sound or more

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than 7 but less than 65 unauthorized audiovisual articles during

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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. A person who violates paragraph (a) shall be required to

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make restitution to the owner or lawful producer of a master

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recording, master disc, master tape, master videotape, master

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film, or other device or article from which sounds or visual

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images were derived who suffered injury resulting from the

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violation or to the trade association representing such owner or

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lawful producer. The order of restitution shall be based on the

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aggregate wholesale value of lawfully manufactured and authorized

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recorded devices corresponding to the nonconforming recorded

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devices involved in the offense, and shall include investigative

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costs relating to the offense.

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