Senate Bill sb0080

    Florida Senate - 2006                                    SB 80

    By Senator Aronberg





    27-135-06                                            See HB 45

  1                      A bill to be entitled

  2         An act relating to false or misleading

  3         electronic mail; amending s. 668.606, F.S.;

  4         providing an exemption from criminal liability

  5         for certain carriers whose equipment transmits

  6         commercial electronic mail messages that

  7         violate s. 668.603, F.S., which prohibits

  8         specified actions relating to transmission of

  9         false or misleading unsolicited commercial

10         electronic mail messages; amending s. 668.6075,

11         F.S., and renumbering and amending subsection

12         (2) thereof as s. 668.610, F.S.; providing that

13         remedies and penalties under the Electronic

14         Mail Communications Act are cumulative;

15         creating s. 668.608, F.S.; providing criminal

16         penalties for violations of s. 668.603, F.S.,

17         which prohibits specified actions relating to

18         transmission of false or misleading unsolicited

19         commercial electronic mail messages; providing

20         applicability; providing an effective date.

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

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24         Section 1.  Subsection (2) of section 668.606, Florida

25  Statutes, is amended to read:

26         668.606  Civil remedies; service provider immunity.--

27         (2)  This part does not create a cause of action or

28  provide for criminal charges against an interactive computer

29  service, telephone company, or cable provider whose equipment

30  is used to transport, handle, or retransmit a commercial

31  electronic mail message that violates s. 668.603.

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






    Florida Senate - 2006                                    SB 80
    27-135-06                                            See HB 45




 1         Section 2.  Section 668.6075, Florida Statutes, is

 2  amended, and subsection (2) of that section is renumbered as

 3  section 668.610, Florida Statutes, and amended to read:

 4         668.6075  Unfair and deceptive trade practices

 5  Violations of s. 668.603.--

 6         (1)  A violation of s. 668.603 shall be deemed an

 7  unfair and deceptive trade practice within the meaning of part

 8  II of chapter 501. In addition to any remedies or penalties

 9  set forth in that part, a violator shall be subject to the

10  penalties and remedies provided for in this part.

11         668.610  Cumulative remedies.--

12         (2)  The remedies and criminal penalties of this part

13  are in addition to remedies and criminal penalties otherwise

14  available for the same conduct under federal or state law.

15         Section 3.  Section 668.608, Florida Statutes, is

16  created to read:

17         668.608  Criminal violations.--

18         (1)  Except as provided in subsection (2), any person

19  who violates s. 668.603 commits a misdemeanor of the first

20  degree, punishable as provided in s. 775.082 or s. 775.083.

21         (2)  Any person who violates s. 668.603 commits a

22  felony of the third degree, punishable as provided in s.

23  775.082, s. 775.083, or s. 775.084, if:

24         (a)  The volume of commercial electronic mail messages

25  transmitted by the person exceeds 10,000 attempted recipients

26  in any 24-hour period;

27         (b)  The volume of commercial electronic mail messages

28  transmitted by the person exceeds 100,000 attempted recipients

29  in any 30-day period;

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






    Florida Senate - 2006                                    SB 80
    27-135-06                                            See HB 45




 1         (c)  The volume of commercial electronic mail messages

 2  transmitted by the person exceeds 1 million attempted

 3  recipients in any 1-year period;

 4         (d)  The revenue generated from a specific commercial

 5  electronic mail message transmitted by the person exceeds

 6  $1,000;

 7         (e)  The total revenue generated from all commercial

 8  electronic mail messages transmitted by the person to any

 9  electronic mail message service provider or its subscribers

10  exceeds $50,000;

11         (f)  The person knowingly hires, employs, uses, or

12  permits any minor to assist in the transmission of a

13  commercial electronic mail message in violation of s. 668.603;

14  or

15         (g)  The person commits a violation otherwise

16  punishable under subsection (1) within a 5-year period after a

17  previous conviction under this section.

18         Section 4.  This act shall take effect July 1, 2006,

19  and shall apply to violations committed on or after that date.

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