January 27, 2020
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HB 7157

A bill to be entitled
2An act relating to fraudulent use or possession of
3identifying information; creating part IV of ch. 668,
4F.S.; providing a short title; providing definitions;
5prohibiting certain acts relating to fraudulent use or
6possession of identifying information; authorizing civil
7actions for violations; providing for injunctive relief
8and damages; authorizing courts to increase awards of
9actual damages under certain circumstances; providing for
10recovery of attorney's fees and court costs; providing for
11jurisdiction and venue; providing for deposit of certain
12moneys received by the Attorney General into the Legal
13Affairs Revolving Trust Fund; authorizing the Department
14of Legal Affairs to adopt rules; providing for
15nonapplication to certain entities' good faith handling of
16identifying information; specifying the absence of
17liability for certain actions taken to prevent certain
18violations; providing an effective date.
20Be It Enacted by the Legislature of the State of Florida:
22     Section 1.  Part IV of chapter 668, Florida Statutes,
23consisting of sections 668.701, 668.702, 668.703, 668.704, and
24668.705, Florida Statutes, is created to read:
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
32provided in s. 668.602.
33     (3)  "Electronic mail message" has the same meaning as
34provided in s. 668.602.
35     (4)  "Identifying information" has the same meaning as the
36term "personal identification information" as defined in s.
38     (5)  "Internet domain name" has the same meaning as
39provided in s. 668.602.
40     (6)  "Web page" means a location that has a single uniform
41resource locator (URL) with respect to the World Wide Web or
42another 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
45the fraudulent use or possession of another person's identifying
46information may not represent oneself, directly or by
47implication, to be another person without the authority or
48approval of such other person through the use of a web page or
49Internet domain name and use that web page, Internet domain
50name, or a link to that web page or domain name or another site
51on the Internet to induce, request, or solicit a resident of
52this state to provide identifying information.
53     (2)  A person with an intent to engage in conduct involving
54the fraudulent use or possession of identifying information may
55not send or cause to be sent to an electronic mail address held
56by a resident of this state an electronic mail message that is
57falsely represented as being sent by another person without the
58authority or approval of such other person, refers or links the
59recipient of the message to a web page, and directly or
60indirectly induces, requests, or solicits the recipient of the
61electronic mail message to provide identifying information.
62     668.704  Remedies.--
63     (1)  The following persons may bring a civil action against
64a person who violates this part:
65     (a)  A person engaged in the business of providing Internet
66access service to the public who is adversely affected by the
68     (b)  A financial institution as defined in s. 655.005(1)
69that is adversely affected by the violation.
70     (c)  An owner of a web page, trademark, or service mark who
71is 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
75continuing 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
80     (3)  The court may increase an award of actual damages in
81an action brought under this section to an amount not to exceed
82three times the actual damages sustained if the court finds that
83the violations have occurred with a frequency as to constitute a
84pattern or practice.
85     (4)  For purposes of this section, violations are of the
86same nature if the violations consist of the same course of
87conduct or action, regardless of the number of times the conduct
88or action occurred.
89     (5)  A plaintiff who prevails in an action filed under this
90section is entitled to recover reasonable attorney's fees and
91court costs.
92     (6)  By committing a violation under this part, the
93violator submits personally to the jurisdiction of the courts of
94this state. This section does not preclude other methods of
95obtaining jurisdiction over a person who commits a violation
96under this part.
97     (7)  An action under this part may be brought in any court
98of competent jurisdiction to enforce such rights and to recover
99damages as stated in this part.
100     (8)  The venue for a civil action brought under this
101section shall be the county in which the plaintiff resides or in
102any county in which any part of the alleged violation under this
103part took place, regardless of whether the defendant was ever
104actually present in that county. A civil action filed under this
105section must be brought within 3 years after the violation
107     (9)  The remedies available under this section are in
108addition to remedies otherwise available for the same conduct
109under federal or state law.
110     (10)  Any moneys received by the Attorney General for
111attorney's fees and costs of investigation or litigation in
112proceedings brought under this section shall be deposited as
113received into the Legal Affairs Revolving Trust Fund.
114     (11)  Any moneys received by the Attorney General which are
115not for attorney's fees and costs of investigation or litigation
116or used for reimbursing persons found under this part to be
117damaged shall accrue to the state and be deposited as received
118into the Legal Affairs Revolving Trust Fund.
119     (12)  The Department of Legal Affairs may adopt rules
120pursuant to ss. 120.536(1) and 120.54 to implement the
121provisions of this part.
122     668.705  Exemptions.--
123     (1)  This part does not apply to a telecommunications
124provider's or Internet service provider's good faith
125transmission or routing of, or intermediate temporary storing or
126caching of, identifying information.
127     (2)  A provider of an interactive computer service is not
128liable under the laws of this state for removing or disabling
129access to content that resides on an Internet website or other
130online location controlled or operated by such provider if such
131provider believes in good faith that the content is used to
132engage in a violation of this part.
133     Section 2.  This act shall take effect July 1, 2006.

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