1 | A bill to be entitled |
2 | An act relating to false or misleading electronic mail; |
3 | amending s. 668.606, F.S.; providing an exemption from |
4 | criminal liability for certain carriers whose equipment |
5 | transmits commercial electronic mail messages that violate |
6 | s. 668.603, F.S., which prohibits specified actions |
7 | relating to transmission of false or misleading |
8 | unsolicited commercial electronic mail messages; amending |
9 | s. 668.6075, F.S., and renumbering and amending subsection |
10 | (2) thereof as s. 668.610, F.S.; providing that remedies |
11 | and penalties under the Electronic Mail Communications Act |
12 | are cumulative; creating s. 668.608, F.S.; providing |
13 | criminal penalties for violations of s. 668.603, F.S., |
14 | which prohibits specified actions relating to transmission |
15 | of false or misleading unsolicited commercial electronic |
16 | mail messages; providing applicability; providing an |
17 | effective date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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21 | Section 1. Subsection (2) of section 668.606, Florida |
22 | Statutes, is amended to read: |
23 | 668.606 Civil remedies; service provider immunity.-- |
24 | (2) This part does not create a cause of action or provide |
25 | for criminal charges against an interactive computer service, |
26 | telephone company, or cable provider whose equipment is used to |
27 | transport, handle, or retransmit a commercial electronic mail |
28 | message that violates s. 668.603. |
29 | Section 2. Section 668.6075, Florida Statutes, is amended, |
30 | and subsection (2) of that section is renumbered as section |
31 | 668.610, Florida Statutes, and amended to read: |
32 | 668.6075 Unfair and deceptive trade practices Violations |
33 | of s. 668.603.-- |
34 | (1) A violation of s. 668.603 shall be deemed an unfair |
35 | and deceptive trade practice within the meaning of part II of |
36 | chapter 501. In addition to any remedies or penalties set forth |
37 | in that part, a violator shall be subject to the penalties and |
38 | remedies provided for in this part. |
39 | 668.610 Cumulative remedies.-- |
40 | (2) The remedies and criminal penalties of this part are |
41 | in addition to remedies and criminal penalties otherwise |
42 | available for the same conduct under federal or state law. |
43 | Section 3. Section 668.608, Florida Statutes, is created |
44 | to read: |
45 | 668.608 Criminal violations.-- |
46 | (1) Except as provided in subsection (2), any person who |
47 | violates s. 668.603 commits a misdemeanor of the first degree, |
48 | punishable as provided in s. 775.082 or s. 775.083. |
49 | (2) Any person who violates s. 668.603 commits a felony of |
50 | the third degree, punishable as provided in s. 775.082, s. |
51 | 775.083, or s. 775.084, if: |
52 | (a) The volume of commercial electronic mail messages |
53 | transmitted by the person exceeds 10,000 attempted recipients in |
54 | any 24-hour period; |
55 | (b) The volume of commercial electronic mail messages |
56 | transmitted by the person exceeds 100,000 attempted recipients |
57 | in any 30-day period; |
58 | (c) The volume of commercial electronic mail messages |
59 | transmitted by the person exceeds 1 million attempted recipients |
60 | in any 1-year period; |
61 | (d) The revenue generated from a specific commercial |
62 | electronic mail message transmitted by the person exceeds |
63 | $1,000; |
64 | (e) The total revenue generated from all commercial |
65 | electronic mail messages transmitted by the person to any |
66 | electronic mail message service provider or its subscribers |
67 | exceeds $50,000; |
68 | (f) The person knowingly hires, employs, uses, or permits |
69 | any minor to assist in the transmission of a commercial |
70 | electronic mail message in violation of s. 668.603; or |
71 | (g) The person commits a violation otherwise punishable |
72 | under subsection (1) within a 5-year period after a previous |
73 | conviction under this section. |
74 | Section 4. This act shall take effect July 1, 2006, and |
75 | shall apply to violations committed on or after that date. |