1 | A bill to be entitled |
2 | An act relating to fraudulent use or possession of |
3 | identifying information; creating part IV of ch. 668, |
4 | F.S.; providing a short title; providing definitions; |
5 | prohibiting certain acts relating to fraudulent use or |
6 | possession of identifying information; authorizing civil |
7 | actions for violations; providing for injunctive relief |
8 | and damages; authorizing courts to increase awards of |
9 | actual damages under certain circumstances; providing for |
10 | recovery of attorney's fees and court costs; providing for |
11 | jurisdiction and venue; providing for deposit of certain |
12 | moneys received by the Attorney General into the Legal |
13 | Affairs Revolving Trust Fund; authorizing the Department |
14 | of Legal Affairs to adopt rules; providing for |
15 | nonapplication to certain entities' good faith handling of |
16 | identifying information; specifying the absence of |
17 | liability for certain actions taken to prevent certain |
18 | violations; providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Part IV of chapter 668, Florida Statutes, |
23 | consisting of sections 668.701, 668.702, 668.703, 668.704, and |
24 | 668.705, Florida Statutes, is created to read: |
25 | PART IV |
26 | FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION |
27 | 668.701 Short title.--This part may be cited as the "Anti- |
28 | "Anti-Phishing Act." |
29 | 668.702 Definitions.--As used in this part, the term: |
30 | (1) "Department" means the Department of Legal Affairs. |
31 | (2) "Electronic mail address" has the same meaning as |
32 | provided in s. 668.602. |
33 | (3) "Electronic mail message" has the same meaning as |
34 | provided in s. 668.602. |
35 | (4) "Identifying information" has the same meaning as the |
36 | term "personal identification information" as defined in s. |
37 | 817.568(1). |
38 | (5) "Internet domain name" has the same meaning as |
39 | provided in s. 668.602. |
40 | (6) "Web page" means a location that has a single uniform |
41 | resource locator (URL) with respect to the World Wide Web or |
42 | another location that can be accessed on the Internet. |
43 | 668.703 Prohibited acts.-- |
44 | (1) A person with an intent to engage in conduct involving |
45 | the fraudulent use or possession of another person's identifying |
46 | information may not represent oneself, directly or by |
47 | implication, to be another person without the authority or |
48 | approval of such other person through the use of a web page or |
49 | Internet domain name and use that web page, Internet domain |
50 | name, or a link to that web page or domain name or another site |
51 | on the Internet to induce, request, or solicit a resident of |
52 | this state to provide identifying information. |
53 | (2) A person with an intent to engage in conduct involving |
54 | the fraudulent use or possession of identifying information may |
55 | not send or cause to be sent to an electronic mail address held |
56 | by a resident of this state an electronic mail message that is |
57 | falsely represented as being sent by another person without the |
58 | authority or approval of such other person, refers or links the |
59 | recipient of the message to a web page, and directly or |
60 | indirectly induces, requests, or solicits the recipient of the |
61 | electronic mail message to provide identifying information. |
62 | 668.704 Remedies.-- |
63 | (1) The following persons may bring a civil action against |
64 | a person who violates this part: |
65 | (a) A person engaged in the business of providing Internet |
66 | access service to the public who is adversely affected by the |
67 | violation. |
68 | (b) A financial institution as defined in s. 655.005(1) |
69 | that is adversely affected by the violation. |
70 | (c) An owner of a web page, trademark, or service mark who |
71 | is adversely affected by the violation. |
72 | (d) The Attorney General. |
73 | (2) A person bringing an action under this section may: |
74 | (a) Seek injunctive relief to restrain the violator from |
75 | continuing the violation. |
76 | (b) Recover damages in an amount equal to the greater of: |
77 | 1. Actual damages arising from the violation; or |
78 | 2. The sum of $5,000 for each violation of the same |
79 | nature. |
80 | (3) The court may increase an award of actual damages in |
81 | an action brought under this section to an amount not to exceed |
82 | three times the actual damages sustained if the court finds that |
83 | the violations have occurred with a frequency as to constitute a |
84 | pattern or practice. |
85 | (4) For purposes of this section, violations are of the |
86 | same nature if the violations consist of the same course of |
87 | conduct or action, regardless of the number of times the conduct |
88 | or action occurred. |
89 | (5) A plaintiff who prevails in an action filed under this |
90 | section is entitled to recover reasonable attorney's fees and |
91 | court costs. |
92 | (6) By committing a violation under this part, the |
93 | violator submits personally to the jurisdiction of the courts of |
94 | this state. This section does not preclude other methods of |
95 | obtaining jurisdiction over a person who commits a violation |
96 | under this part. |
97 | (7) An action under this part may be brought in any court |
98 | of competent jurisdiction to enforce such rights and to recover |
99 | damages as stated in this part. |
100 | (8) The venue for a civil action brought under this |
101 | section shall be the county in which the plaintiff resides or in |
102 | any county in which any part of the alleged violation under this |
103 | part took place, regardless of whether the defendant was ever |
104 | actually present in that county. A civil action filed under this |
105 | section must be brought within 3 years after the violation |
106 | occurred. |
107 | (9) The remedies available under this section are in |
108 | addition to remedies otherwise available for the same conduct |
109 | under federal or state law. |
110 | (10) Any moneys received by the Attorney General for |
111 | attorney's fees and costs of investigation or litigation in |
112 | proceedings brought under this section shall be deposited as |
113 | received into the Legal Affairs Revolving Trust Fund. |
114 | (11) Any moneys received by the Attorney General which are |
115 | not for attorney's fees and costs of investigation or litigation |
116 | or used for reimbursing persons found under this part to be |
117 | damaged shall accrue to the state and be deposited as received |
118 | into the Legal Affairs Revolving Trust Fund. |
119 | (12) The Department of Legal Affairs may adopt rules |
120 | pursuant to ss. 120.536(1) and 120.54 to implement the |
121 | provisions of this part. |
122 | 668.705 Exemptions.-- |
123 | (1) This part does not apply to a telecommunications |
124 | provider's or Internet service provider's good faith |
125 | transmission or routing of, or intermediate temporary storing or |
126 | caching of, identifying information. |
127 | (2) A provider of an interactive computer service is not |
128 | liable under the laws of this state for removing or disabling |
129 | access to content that resides on an Internet website or other |
130 | online location controlled or operated by such provider if such |
131 | provider believes in good faith that the content is used to |
132 | engage in a violation of this part. |
133 | Section 2. This act shall take effect July 1, 2006. |