Florida Senate - 2014 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 364 Ì449378[Î449378 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/28/2014 04:24 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Galvano moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 326 and 327 4 insert: 5 Section 7. Section 817.041, Florida Statutes, is created to 6 read: 7 817.041 Electronic dissemination of commercial recordings; 8 failure to disclose origin.— 9 (1) EFFECT ON OTHER REMEDIES.— 10 (a) This section is supplemental to those provisions of 11 state and federal criminal and civil law which impose 12 prohibitions or provide penalties, sanctions, or remedies 13 against the same conduct prohibited by this section. 14 (b) This section does not: 15 1. Bar any cause of action that would otherwise be 16 available. 17 2. Preclude any action that would otherwise be available. 18 3. Preclude the imposition of penalties or sanctions or the 19 pursuit of remedies otherwise provided for by law. 20 (2) DEFINITIONS.—As used in this section, the term: 21 (a) “Commercial recording or audiovisual work” means a 22 recording or audiovisual work whose owner, assignee, authorized 23 agent, or licensee has disseminated or intends to disseminate 24 such recording or audiovisual work for sale, rental, or 25 performance or exhibition to the public, including under 26 license, but does not include an excerpt consisting of less than 27 substantially all of a recording or audiovisual work. The term 28 does not include video games, depictions of video game play, or 29 the streaming of video game activity. A recording or audiovisual 30 work may be commercial, regardless of whether the person who 31 electronically disseminates it seeks commercial advantage or 32 private financial gain from the dissemination. 33 (b) “Electronic dissemination” means initiating a 34 transmission of, dissemination of, or otherwise offering a 35 commercial recording or audiovisual work for distribution on the 36 Internet or other digital network, regardless of whether someone 37 else has previously electronically disseminated the same 38 commercial recording or audiovisual work. 39 (c) “Electronic mail address” means a destination, commonly 40 expressed as a string of characters, consisting of a unique 41 username or mailbox, commonly referred to as the “local part,” 42 and a reference to an Internet domain, commonly referred to as 43 the “domain part,” both of which are displayed, to which an 44 electronic mail message can be sent or delivered. 45 (d) “Physical address” means a mailing address, including a 46 zip code. 47 (e) “Video game” means an electronic or computerized game 48 that involves human interaction with a user interface to 49 generate visual feedback on a video device. 50 (3) DISCLOSURE OF INFORMATION.— 51 (a) A person who owns or operates a website or online 52 service dealing in substantial part in the electronic 53 dissemination of commercial recordings or audiovisual works, 54 directly or indirectly, to consumers in this state shall clearly 55 and conspicuously disclose his or her true and correct name, 56 physical address, and telephone number or electronic mail 57 address on his or her website or online service in a location 58 readily accessible to a consumer using or visiting the website 59 or online service. 60 (b) The following locations are deemed readily accessible 61 for purposes of this section: 62 1. A landing or home web page or screen; 63 2. An “about” or “about us” web page or screen; 64 3. A “contact” or “contact us” web page or screen; 65 4. An “information” web page or screen; or 66 5. Another place on the website or online service commonly 67 used to display identifying information to consumers. 68 (4) INJUNCTIVE RELIEF; ATTORNEY FEES.— 69 (a) An owner, assignee, authorized agent, or licensee of a 70 commercial recording or audio visual work aggrieved by a 71 violation of this section may bring a private cause of action to 72 determine that an act or practice violates this section or that 73 an act enjoins a practice in violation of this section. Upon 74 motion of the party instituting the action, the court may make 75 appropriate orders to compel compliance with this section. 76 (b) The prevailing party in a cause under this section is 77 entitled to recover necessary expenses and reasonable attorney 78 fees. 79 (5) APPLICABILITY.—This section does not impose liability 80 on providers of an interactive computer service, communications 81 service as defined in s. 202.11, commercial mobile service, or 82 information service, including, but not limited to, an Internet 83 access service provider and a hosting service provider, if they 84 provide the transmission, storage, or caching of electronic 85 communications or messages of others or provide another related 86 telecommunications, commercial mobile radio service, or 87 information service for use of such services by another person 88 in violation of this section. This exemption from liability is 89 consistent with and in addition to any liability exemption 90 provided under 47 U.S.C. s. 230. 91 92 ================= T I T L E A M E N D M E N T ================ 93 And the title is amended as follows: 94 Delete line 41 95 and insert: 96 utility; providing criminal penalties; creating s. 97 817.041, F.S.; defining terms; requiring owners and 98 operators of specified websites or online services to 99 disclose certain information; providing injunctive 100 relief and attorney fees; providing applicability; 101 amending s.