| 1 | The Utilities & Telecommunications Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to false or misleading electronic mail; |
| 8 | amending s. 668.606, F.S.; providing an exemption from |
| 9 | criminal liability for certain carriers and equipment |
| 10 | providers whose equipment transmits commercial electronic |
| 11 | mail messages that violate s. 668.603, F.S., which |
| 12 | prohibits specified actions relating to transmission of |
| 13 | false or misleading unsolicited commercial electronic mail |
| 14 | messages; amending s. 668.6075, F.S., and renumbering and |
| 15 | amending subsection (2) thereof as s. 668.610, F.S.; |
| 16 | providing that remedies and penalties under the Electronic |
| 17 | Mail Communications Act are cumulative; creating s. |
| 18 | 668.608, F.S.; providing criminal penalties for violations |
| 19 | of s. 668.603, F.S., which prohibits specified actions |
| 20 | relating to transmission of false or misleading |
| 21 | unsolicited commercial electronic mail messages; providing |
| 22 | applicability; providing an effective date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Subsection (2) of section 668.606, Florida |
| 27 | Statutes, is amended to read: |
| 28 | 668.606 Civil remedies; immunity.-- |
| 29 | (2) This part does not create a cause of action or provide |
| 30 | for criminal charges against an interactive computer service, |
| 31 | customer premise equipment provider, communications services |
| 32 | provider telephone company, or cable provider whose equipment is |
| 33 | used to transport, handle, or retransmit a commercial electronic |
| 34 | mail message that violates s. 668.603. |
| 35 | Section 2. Section 668.6075, Florida Statutes, is amended, |
| 36 | and subsection (2) of that section is renumbered as section |
| 37 | 668.610, Florida Statutes, and amended to read: |
| 38 | 668.6075 Unfair and deceptive trade practices Violations |
| 39 | of s. 668.603.-- |
| 40 | (1) A violation of s. 668.603 shall be deemed an unfair |
| 41 | and deceptive trade practice within the meaning of part II of |
| 42 | chapter 501. In addition to any remedies or penalties set forth |
| 43 | in that part, a violator shall be subject to the penalties and |
| 44 | remedies provided for in this part. |
| 45 | 668.610 Cumulative remedies.-- |
| 46 | (2) The remedies and criminal penalties of this part are |
| 47 | in addition to remedies and criminal penalties otherwise |
| 48 | available for the same conduct under federal or state law. |
| 49 | Section 3. Section 668.608, Florida Statutes, is created |
| 50 | to read: |
| 51 | 668.608 Criminal violations.-- |
| 52 | (1) Except as provided in subsection (2), any person who |
| 53 | violates s. 668.603 commits a misdemeanor of the first degree, |
| 54 | punishable as provided in s. 775.082 or s. 775.083. |
| 55 | (2) Any person who violates s. 668.603 commits a felony of |
| 56 | the third degree, punishable as provided in s. 775.082, s. |
| 57 | 775.083, or s. 775.084, if: |
| 58 | (a) The volume of commercial electronic mail messages |
| 59 | transmitted by the person exceeds 10,000 attempted recipients in |
| 60 | any 24-hour period; |
| 61 | (b) The volume of commercial electronic mail messages |
| 62 | transmitted by the person exceeds 100,000 attempted recipients |
| 63 | in any 30-day period; |
| 64 | (c) The volume of commercial electronic mail messages |
| 65 | transmitted by the person exceeds 1 million attempted recipients |
| 66 | in any 1-year period; |
| 67 | (d) The revenue generated from a specific commercial |
| 68 | electronic mail message transmitted by the person exceeds |
| 69 | $1,000; |
| 70 | (e) The total revenue generated from all commercial |
| 71 | electronic mail messages transmitted by the person to any |
| 72 | electronic mail message service provider or its subscribers |
| 73 | exceeds $50,000; |
| 74 | (f) The person knowingly hires, employs, uses, or permits |
| 75 | any minor to assist in the transmission of a commercial |
| 76 | electronic mail message in violation of s. 668.603; or |
| 77 | (g) The person commits a violation otherwise punishable |
| 78 | under subsection (1) within a 5-year period after a previous |
| 79 | conviction under this section. |
| 80 | Section 4. This act shall take effect July 1, 2006, and |
| 81 | shall apply to violations committed on or after that date. |