SENATE AMENDMENT
    Bill No. SB 2574, 1st Eng.
    Amendment No. ___   Barcode 821154
                            CHAMBER ACTION
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       04/27/2004 11:14 AM         .                    
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11  Senator Garcia moved the following amendment:
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13         Senate Amendment 
14         On page 7, line 8, through
15            page 8, line 5, delete those lines
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17  and insert:  penalty as provided in section 668.6075. A cause
18  of action, without regard to any other remedy or relief to
19  which a person is entitled, including the right to seek
20  declaratory and injunctive relief against a person who
21  initiates or assists in the transmission of a commercial
22  electronic mail message that violates, has violated, or is
23  otherwise likely to violate s. 668.603, is also available to
24  an interactive computer service, telephone company, or cable
25  provider that handles or retransmits the commercial electronic
26  mail message.
27         (2)  This part does not create a cause of action
28  against an interactive computer service, telephone company, or
29  cable provider whose equipment is used to transport, handle,
30  or retransmit a commercial electronic mail message that
31  violates s. 668.603.
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    7:22 PM   04/26/04                                s2574b-40e0a


                                                  SENATE AMENDMENT
    Bill No. SB 2574, 1st Eng.
    Amendment No. ___   Barcode 821154
 1         (3)  A prevailing plaintiff in an action filed under
 2  this part is entitled to:
 3         (a)  An injunction to enjoin future violations of s.
 4  668.603.
 5         (b)  Compensatory damages equal to any actual damage
 6  proven by the plaintiff to have resulted from the initiation
 7  of the unsolicited commercial electronic mail message or
 8  liquidated damages of $500 for each unsolicited commercial
 9  electronic mail message that violates s. 668.603.
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    7:22 PM   04/26/04                                s2574b-40e0a