Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 364
       
       
       
       
       
       
                                Ì449378[Î449378                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/28/2014 04:24 PM       .                                
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       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.