Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 432
       
       
       
       
       
       
                                Barcode 189746                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/19/2012           .                                
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       The Committee on Criminal Justice (Margolis) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 60 - 85
    4  and insert:
    5         4. A person who violates subparagraph (a)3. shall be
    6  ordered to make restitution to any owner or lawful producer of a
    7  master recording that has suffered injury resulting from the
    8  crime, or to the trade association representing such owner or
    9  lawful producer. The order of restitution shall be based on the
   10  aggregate wholesale value of lawfully manufactured and
   11  authorized articles corresponding to the number of nonconforming
   12  articles involved in the offense unless a greater value can be
   13  proven. The order of restitution shall also include
   14  investigative costs relating to the offense. As used in this
   15  subparagraph, the term “trade association” means an organization
   16  founded and funded by businesses that operate in a specific
   17  industry to protect their collective interests. The restitution
   18  obligation set forth in this subparagraph applies only to
   19  physical articles and does not apply to electronic articles or
   20  digital files that are distributed or made available online.
   21         Section 2. Paragraph (c) of subsection (1) of section
   22  775.089, Florida Statutes, is amended to read:
   23         775.089 Restitution.—
   24         (1)
   25         (c) The term “victim” as used in this section and in any
   26  provision of law relating to restitution means each person who
   27  suffers property damage or loss, monetary expense, or physical
   28  injury or death as a direct or indirect result of the
   29  defendant’s offense or criminal episode, and also includes the
   30  victim’s estate if the victim is deceased, and the victim’s next
   31  of kin if the victim is deceased as a result of the offense, and
   32  the victim’s trade association if the offense is a violation of
   33  s. 540.11(3)(a)3. involving physical articles and the victim has
   34  granted the trade association written authorization to represent
   35  the victim’s interests in criminal legal proceedings and to
   36  collect restitution on the victim’s behalf.
   37  
   38  ================= T I T L E  A M E N D M E N T ================
   39         And the title is amended as follows:
   40         Delete line 9
   41  and insert:
   42         a restitution amount; providing a definition; amending
   43         s. 775.089, F.S.;