HB 0045CS


1The Criminal Justice Appropriations Committee recommends the
4     Council/Committee Substitute
5     Remove the entire bill and insert:
A bill to be entitled
7An act relating to electronic communication; requiring
8certain governmental entities to post a notice on their
9websites that electronic mail addresses sent to them are
10subject to release to the public; amending s. 668.606,
11F.S.; providing an exemption from criminal liability for
12certain carriers and equipment providers whose equipment
13transmits commercial electronic mail messages that violate
14s. 668.603, F.S., which prohibits specified actions
15relating to transmission of false or misleading
16unsolicited commercial electronic mail messages; amending
17s. 668.6075, F.S., and renumbering and amending subsection
18(2) thereof as s. 668.610, F.S.; providing that remedies
19and penalties under the Electronic Mail Communications Act
20are cumulative; creating s. 668.608, F.S.; providing
21criminal penalties for violations of s. 668.603, F.S.,
22which prohibits specified actions relating to transmission
23of false or misleading unsolicited commercial electronic
24mail messages; creating part IV of ch. 668, F.S.;
25providing a short title; providing definitions;
26prohibiting certain acts relating to fraudulent use or
27possession of identifying information; authorizing civil
28actions for violations; providing for injunctive relief
29and damages; authorizing courts to increase awards of
30actual damages under certain circumstances; providing for
31recovery of attorney's fees and court costs; providing for
32jurisdiction and venue; providing for deposit of certain
33moneys received by the Attorney General into the Legal
34Affairs Revolving Trust Fund; authorizing the Department
35of Legal Affairs to adopt rules; providing for
36nonapplication to certain entities' good faith handling of
37identifying information; specifying the absence of
38liability for certain actions taken to prevent certain
39violations; providing applicability; providing an
40effective date.
42Be It Enacted by the Legislature of the State of Florida:
44     Section 1.  Any agency, as defined in s. 119.011, Florida
45Statutes, or legislative entity that operates a website and uses
46electronic mail shall post the following statement in a
47conspicuous location on its website:
49Under Florida law, e-mail addresses are public records. If
50you do not want your e-mail address released in response to
51a public records request, do not send electronic mail to
52this entity. Instead, contact this office by phone or in
54     Section 2.  Subsection (2) of section 668.606, Florida
55Statutes, is amended to read:
56     668.606  Civil remedies; immunity.--
57     (2)  This part does not create a cause of action or provide
58for criminal charges against an interactive computer service,
59customer premise equipment provider, communications services
60provider telephone company, or cable provider whose equipment is
61used to transport, handle, or retransmit a commercial electronic
62mail message that violates s. 668.603.
63     Section 3.  Section 668.6075, Florida Statutes, is amended,
64and subsection (2) of that section is renumbered as section
65668.610, Florida Statutes, and amended to read:
66     668.6075  Unfair and deceptive trade practices Violations
67of s. 668.603.--
68     (1)  A violation of s. 668.603 shall be deemed an unfair
69and deceptive trade practice within the meaning of part II of
70chapter 501. In addition to any remedies or penalties set forth
71in that part, a violator shall be subject to the penalties and
72remedies provided for in this part.
73     668.610  Cumulative remedies.--
74     (2)  The remedies and criminal penalties of this part are
75in addition to remedies and criminal penalties otherwise
76available for the same conduct under federal or state law.
77     Section 4.  Section 668.608, Florida Statutes, is created
78to read:
79     668.608  Criminal violations.--
80     (1)  Except as provided in subsection (2), any person who
81violates s. 668.603 commits a misdemeanor of the first degree,
82punishable as provided in s. 775.082 or s. 775.083.
83     (2)  Any person who violates s. 668.603 commits a felony of
84the third degree, punishable as provided in s. 775.082, s.
85775.083, or s. 775.084, if:
86     (a)  The volume of commercial electronic mail messages
87transmitted by the person exceeds 2,500 attempted recipients in
88any 24-hour period;
89     (b)  The volume of commercial electronic mail messages
90transmitted by the person exceeds 25,000 attempted recipients in
91any 30-day period;
92     (c)  The volume of commercial electronic mail messages
93transmitted by the person exceeds 250,000 attempted recipients
94in any 1-year period;
95     (d)  The revenue generated from a specific commercial
96electronic mail message transmitted by the person exceeds
98     (e)  The total revenue generated from all commercial
99electronic mail messages transmitted by the person to any
100electronic mail message service provider or its subscribers
101exceeds $50,000;
102     (f)  The person knowingly hires, employs, uses, or permits
103any minor to assist in the transmission of a commercial
104electronic mail message in violation of s. 668.603; or
105     (g)  The person commits a violation otherwise punishable
106under subsection (1) within a 5-year period after a previous
107conviction under this section.
108     Section 5.  Part IV of chapter 668, Florida Statutes,
109consisting of sections 668.701, 668.702, 668.703, 668.704, and
110668.705, Florida Statutes, is created to read:
115     668.701  Short title.--This part may be cited as the "Anti-
116"Anti-Phishing Act."
117     668.702  Definitions.--As used in this part, the term:
118     (1)  "Department" means the Department of Legal Affairs.
119     (2)  "Electronic mail address" has the same meaning as
120provided in s. 668.602.
121     (3)  "Electronic mail message" has the same meaning as
122provided in s. 668.602.
123     (4)  "Identifying information" has the same meaning as the
124term "personal identification information" as defined in s.
126     (5)  "Internet domain name" has the same meaning as
127provided in s. 668.602.
128     (6)  "Web page" means a location that has a single uniform
129resource locator (URL) with respect to the World Wide Web or
130another location that can be accessed on the Internet.
131     668.703  Prohibited acts.--
132     (1)  A person with an intent to engage in conduct involving
133the fraudulent use or possession of another person's identifying
134information may not represent oneself, directly or by
135implication, to be another person without the authority or
136approval of such other person through the use of a web page or
137Internet domain name and use that web page, Internet domain
138name, or a link to that web page or domain name or another site
139on the Internet to induce, request, or solicit a resident of
140this state to provide identifying information.
141     (2)  A person with an intent to engage in conduct involving
142the fraudulent use or possession of identifying information may
143not send or cause to be sent to an electronic mail address held
144by a resident of this state an electronic mail message that is
145falsely represented as being sent by another person without the
146authority or approval of such other person, refers or links the
147recipient of the message to a web page, and directly or
148indirectly induces, requests, or solicits the recipient of the
149electronic mail message to provide identifying information.
150     668.704  Remedies.--
151     (1)  The following persons may bring a civil action against
152a person who violates this part:
153     (a)  A person engaged in the business of providing Internet
154access service to the public who is adversely affected by the
156     (b)  A financial institution as defined in s. 655.005(1)
157that is adversely affected by the violation.
158     (c)  An owner of a web page, trademark, or service mark who
159is adversely affected by the violation.
160     (d)  The Attorney General.
161     (2)  A person bringing an action under this section may:
162     (a)  Obtain injunctive relief to restrain the violator from
163continuing the violation.
164     (b)  Recover damages in an amount equal to the greater of:
165     1.  Actual damages arising from the violation; or
166     2.  The sum of $5,000 for each violation of the same
168     (3)  The court may increase an award of actual damages in
169an action brought under this section to an amount not to exceed
170three times the actual damages sustained if the court finds that
171the violations have occurred with a frequency as to constitute a
172pattern or practice.
173     (4)  For purposes of this section, violations are of the
174same nature if the violations consist of the same course of
175conduct or action, regardless of the number of times the conduct
176or action occurred.
177     (5)  A plaintiff who prevails in an action filed under this
178section is entitled to recover reasonable attorney's fees and
179court costs.
180     (6)  By committing a violation under this part, the
181violator submits personally to the jurisdiction of the courts of
182this state. This section does not preclude other methods of
183obtaining jurisdiction over a person who commits a violation
184under this part.
185     (7)  An action under this part may be brought in any court
186of competent jurisdiction to enforce such rights and to recover
187damages as stated in this part.
188     (8)  The venue for a civil action brought under this
189section shall be the county in which the plaintiff resides or in
190any county in which any part of the alleged violation of this
191part took place, regardless of whether the defendant was ever
192actually present in that county. A civil action filed under this
193section must be brought within 3 years after the violation
195     (9)  The remedies available under this section are in
196addition to remedies otherwise available for the same conduct
197under federal or state law.
198     (10)  Any moneys received by the Attorney General for
199attorney's fees and costs of investigation or litigation in
200proceedings brought under this section shall be deposited as
201received into the Legal Affairs Revolving Trust Fund.
202     (11)  Any moneys received by the Attorney General that are
203not for attorney's fees and costs of investigation or litigation
204or used for reimbursing persons found under this part to be
205damaged shall accrue to the state and be deposited as received
206into the Legal Affairs Revolving Trust Fund.
207     (12)  The Department of Legal Affairs may adopt rules
208pursuant to ss. 120.536(1) and 120.54 to implement the
209provisions of this part.
210     668.705  Exemptions.--
211     (1)  This part does not apply to a telecommunications
212provider's or Internet service provider's good faith
213transmission or routing of, or intermediate temporary storing or
214caching of, identifying information.
215     (2)  A provider of an interactive computer service is not
216liable under the laws of this state for removing or disabling
217access to content that resides on an Internet website or other
218online location controlled or operated by such provider if such
219provider believes in good faith that the content is used to
220engage in a violation of this part.
221     Section 6.  This act shall take effect July 1, 2006, and
222shall apply to violations committed on or after that date.

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

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