Senate Bill sb2280

    Florida Senate - 2002                                  SB 2280

    By Senator Posey





    15-1149A-02

  1                      A bill to be entitled

  2         An act relating to electronic mail advertising;

  3         prohibiting unsolicited e-mail advertising in

  4         certain situations; providing penalties;

  5         providing an effective date.

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

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  9         Section 1.  (1)  As used in this section, the term

10  "unsolicited electronic mail advertising" means any material

11  that advertises the commercial availability or quality of any

12  property, goods, or services and that is transmitted by a

13  commercial entity to a person in this state via electronic

14  mail without that person's express invitation or permission,

15  except any such material that is sent based upon a prior

16  contractual or business relationship between the sender and

17  the person.

18         (2)  It is unlawful to transmit unsolicited electronic

19  mail advertising to a person after that person notifies the

20  sender to stop transmitting the unsolicited electronic mail

21  advertising to that person. A sender who continues such

22  transmission more than 10 days after being requested to stop

23  is guilty of:

24         (a)  A misdemeanor of the second degree, punishable as

25  provided in section 775.082, Florida Statutes, or section

26  775.083, Florida Statutes, for a first offense;

27         (b)  A misdemeanor of the first degree, punishable as

28  provided in section 775.082, Florida Statutes, or section

29  775.083, Florida Statutes, for a second offense;

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    Florida Senate - 2002                                  SB 2280
    15-1149A-02




  1         (c)  A felony of the third degree punishable as

  2  provided in section 775.082, Florida Statutes, or section

  3  775.083, Florida Statutes, for a third offense.

  4         Section 2.  This act shall take effect July 1, 2002.

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  7                          SENATE SUMMARY

  8    Prohibits the sending of unsolicited electronic mail
      advertising to a person after the sender has been
  9    requested to stop and provides criminal penalties.

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CODING: Words stricken are deletions; words underlined are additions.