2015 Legislature                    CS for SB 604, 1st Engrossed
    2         An act relating to consumer protection; creating s.
    3         501.155, F.S.; providing a short title; providing
    4         applicability; providing definitions; requiring owners
    5         and operators of specified websites and online
    6         services to disclose certain information; providing
    7         for injunctive relief; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Section 501.155, Florida Statutes, is created to
   12  read:
   13         501.155 Electronic dissemination of commercial recordings
   14  or audiovisual works; required disclosures; injunctive relief.—
   15         (1) SHORT TITLE.—This section may be cited as the “True
   16  Origin of Digital Goods Act.”
   17         (2) APPLICABILITY.—This section is supplemental to those
   18  provisions of state and federal criminal and civil law which
   19  impose prohibitions or provide penalties, sanctions, or remedies
   20  against the same conduct prohibited by this section. This
   21  section does not:
   22         (a) Bar any cause of action or preclude the imposition of
   23  sanctions or penalties that would otherwise be available under
   24  state or federal law.
   25         (b) Impose liability on providers of an interactive
   26  computer service, communications service as defined in s.
   27  202.11(1), commercial mobile service, or information service,
   28  including, but not limited to, an Internet access service
   29  provider, advertising network or exchange, domain name
   30  registration provider, and a hosting service provider, if they
   31  provide the transmission, storage, or caching of electronic
   32  communications or messages of others or provide another related
   33  telecommunications service, commercial mobile radio service, or
   34  information service, for use of such services by another person
   35  in violation of this section. This exemption from liability is
   36  consistent with and in addition to any liability exemption
   37  provided under 47 U.S.C. s. 230.
   38         (3) DEFINITIONS.—As used in this section, the term:
   39         (a) “Commercial recording or audiovisual work” means a
   40  recording or audiovisual work whose owner, assignee, authorized
   41  agent, or licensee has disseminated or intends to disseminate
   42  such recording or audiovisual work for sale, for rental, or for
   43  performance or exhibition to the public, including under
   44  license, but does not include an excerpt consisting of less than
   45  substantially all of a recording or audiovisual work. A
   46  recording or audiovisual work may be commercial regardless of
   47  whether a person who electronically disseminates it seeks
   48  commercial advantage or private financial gain from the
   49  dissemination. The term does not include video games, depictions
   50  of video game play, or the streaming of video game activity.
   51         (b) “Electronic dissemination” means initiating a
   52  transmission of, making available, or otherwise offering a
   53  commercial recording or audiovisual work for distribution
   54  through the Internet or other digital network, regardless of
   55  whether another person has previously electronically
   56  disseminated the same commercial recording or audiovisual work.
   57         (c) “E-mail address” means an electronic mail address as
   58  defined in s. 668.602.
   59         (d) “Website” means a set of related web pages served from
   60  a single web domain. The term does not include a home page or
   61  channel page for the user account of a person who is not the
   62  owner or operator of the website upon which such user home page
   63  or channel page appears.
   65         (a) A person who owns or operates a website or online
   66  service dealing in substantial part in the electronic
   67  dissemination of third-party commercial recordings or
   68  audiovisual works, directly or indirectly, and who
   69  electronically disseminates such works to consumers in this
   70  state shall clearly and conspicuously disclose his or her true
   71  and correct name, physical address, and telephone number or e
   72  mail address on his or her website or online service in a
   73  location readily accessible to a consumer using or visiting the
   74  website or online service.
   75         (b) The following locations are deemed readily accessible
   76  for purposes of this subsection:
   77         1. A landing or home web page or screen;
   78         2. An “about” or “about us” web page or screen;
   79         3. A “contact” or “contact us” web page or screen;
   80         4. An information web page or screen; or
   81         5. Another place on the website or online service commonly
   82  used to display identifying information to consumers.
   83         (5) INJUNCTIVE RELIEF.—
   84         (a) An owner, assignee, authorized agent, or licensee of a
   85  commercial recording or audio visual work electronically
   86  disseminated by a website or online service in violation of this
   87  section may bring a private cause of action to obtain a
   88  declaratory judgment that an act or practice violates this
   89  section and enjoin any person who knowingly has violated, is
   90  violating, or is otherwise likely to violate this section. As a
   91  condition precedent to filing a civil action under this section,
   92  the aggrieved party must make reasonable efforts to place an
   93  individual alleged to be in violation of this section on notice
   94  that the individual may be in violation of this section and that
   95  failure to cure within 14 days may result in a civil action
   96  filed in a court of competent jurisdiction.
   97         (b) Upon motion of the party instituting the action, the
   98  court may make appropriate orders to compel compliance with this
   99  section.
  100         (c) The prevailing party in a cause under this section is
  101  entitled to recover necessary expenses and reasonable attorney
  102  fees.
  103         Section 2. This act shall take effect July 1, 2015.