October 23, 2017
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Senate Bill 0080

Senate Bill sb0080c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                             CS for SB 80

    By the Committee on Communications and Public Utilities; and
    Senator Aronberg




    579-1733-06

  1                      A bill to be entitled

  2         An act relating to electronic mail; requiring

  3         certain governmental entities to post a notice

  4         on their websites that electronic mail

  5         addresses sent to them are subject to release

  6         to the public; amending s. 668.606, F.S;

  7         providing an exemption from criminal liability

  8         for certain carriers whose equipment transmits

  9         commercial electronic mail messages that

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

11         specified actions relating to transmission of

12         false or misleading unsolicited commercial

13         electronic mail messages; amending s. 668.6075,

14         F.S., and renumbering and amending subsection

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

16         remedies and penalties under the Electronic

17         Mail Communications Act are cumulative;

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

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

20         which prohibits specified actions relating to

21         transmission of false or misleading unsolicited

22         commercial electronic mail messages; providing

23         applicability; providing an effective date.

24  

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

26  

27         Section 1.  Any agency, as defined in s. 119.011,

28  Florida Statutes, or legislative entity that operates a

29  website and uses electronic mail shall post the following

30  statement in a conspicuous location on its website:

31  

                                  1

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    Florida Senate - 2006                             CS for SB 80
    579-1733-06




 1         E-mail addresses are public records under

 2         Florida Law and are not exempt from

 3         public-records requirements. If you do not want

 4         your e-mail address to be subject to being

 5         released pursuant to a public-records request

 6         do not send electronic mail to this entity.

 7         Instead, contact this office by telephone or in

 8         writing, via the United States Postal Service.

 9         Section 2.  Subsection (2) of section 668.606, Florida

10  Statutes, is amended to read:

11         668.606  Civil remedies; service provider immunity.--

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

13  provide for criminal charges against an interactive computer

14  service, customer premise equipment provider, communications

15  service provider telephone company, or cable provider whose

16  equipment is used to transport, handle, or retransmit a

17  commercial electronic mail message that violates s. 668.603.

18         Section 3.  Section 668.6075, Florida Statutes, is

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

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

21         668.6075  Unfair and deceptive trade practices

22  Violations of s. 668.603.--

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

24  unfair and deceptive trade practice within the meaning of part

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

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

27  penalties and remedies provided for in this part.

28         668.610  Cumulative remedies.--

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

30  are in addition to remedies and criminal penalties otherwise

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

                                  2

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    Florida Senate - 2006                             CS for SB 80
    579-1733-06




 1         Section 4.  Section 668.608, Florida Statutes, is

 2  created to read:

 3         668.608  Criminal violations.--

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

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

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

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

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

 9  775.082, s. 775.083, or s. 775.084, if:

10         (a)  The volume of commercial electronic mail messages

11  transmitted by the person exceeds 10,000 attempted recipients

12  in any 24-hour period;

13         (b)  The volume of commercial electronic mail messages

14  transmitted by the person exceeds 100,000 attempted recipients

15  in any 30-day period;

16         (c)  The volume of commercial electronic mail messages

17  transmitted by the person exceeds 1 million attempted

18  recipients in any 1-year period;

19         (d)  The revenue generated from a specific commercial

20  electronic mail message transmitted by the person exceeds

21  $1,000;

22         (e)  The total revenue generated from all commercial

23  electronic mail messages transmitted by the person to any

24  electronic mail message service provider or its subscribers

25  exceeds $50,000;

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

27  permits any minor to assist in the transmission of a

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

29  or

30  

31  

                                  3

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    Florida Senate - 2006                             CS for SB 80
    579-1733-06




 1         (g)  The person commits a violation otherwise

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

 3  previous conviction under this section.

 4         Section 5.  This act shall take effect July 1, 2006,

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

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                              SB 80

 9                                 

10  The Committee Substitute for Senate Bill 80:

11  - Requires that all agencies and legislative entities that
    operate a website and use electronic mail post a statement on
12  the website that e-mails to those agencies and entities are
    public record, including the e-mail addresses contained
13  therein; and

14  -Changes the list of entities against whom civil and criminal
    actions are not to be brought under the Electronic Mail
15  Communications Act, deleting "telephone company" and adding
    "customer premise equipment provider" and "communications
16  services provider."

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