November 22, 2017
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Senate Bill 0080

Senate Bill sb0080c2

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

    By the Committees on Commerce and Consumer Services;
    Communications and Public Utilities; and Senators Aronberg and
    Lynn



    577-1961-06

  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 CS for SB 80
    577-1961-06




 1         Under Florida law, e-mail addresses are public

 2         records. If you do not want your e-mail address

 3         released in response to a public-records

 4         request, do not send electronic mail to this

 5         entity. Instead, contact this office by phone

 6         or in writing.

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

 8  Statutes, is amended to read:

 9         668.606  Civil remedies; service provider immunity.--

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

11  provide for criminal charges against an interactive computer

12  service, customer premise equipment provider, communications

13  service provider telephone company, or cable provider whose

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

15  commercial electronic mail message that violates s. 668.603.

16         Section 3.  Section 668.6075, Florida Statutes, is

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

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

19         668.6075  Unfair and deceptive trade practices

20  Violations of s. 668.603.--

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

22  unfair and deceptive trade practice within the meaning of part

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

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

25  penalties and remedies provided for in this part.

26         668.610  Cumulative remedies.--

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

28  are in addition to remedies and criminal penalties otherwise

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

30         Section 4.  Section 668.608, Florida Statutes, is

31  created to read:

                                  2

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    Florida Senate - 2006                      CS for CS for SB 80
    577-1961-06




 1         668.608  Criminal violations.--

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

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

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

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

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

 7  775.082, s. 775.083, or s. 775.084, if:

 8         (a)  The volume of commercial electronic mail messages

 9  transmitted by the person exceeds 2,500 attempted recipients

10  in any 24-hour period;

11         (b)  The volume of commercial electronic mail messages

12  transmitted by the person exceeds 25,000 attempted recipients

13  in any 30-day period;

14         (c)  The volume of commercial electronic mail messages

15  transmitted by the person exceeds 250,000 attempted recipients

16  in any 1-year period;

17         (d)  The revenue generated from a specific commercial

18  electronic mail message transmitted by the person exceeds

19  $1,000;

20         (e)  The total revenue generated from all commercial

21  electronic mail messages transmitted by the person to any

22  electronic mail message service provider or its subscribers

23  exceeds $50,000;

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

25  permits any minor to assist in the transmission of a

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

27  or

28         (g)  The person commits a violation otherwise

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

30  previous conviction under this section.

31  

                                  3

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    Florida Senate - 2006                      CS for CS for SB 80
    577-1961-06




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

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

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                             CS/SB 80

 6                                 

 7  This committee substitute differs from the committee
    substitute as filed in that it revises the required statement
 8  that state agencies and legislative entities are to post on
    their websites that state that emails are public records, and
 9  conforms the criminal penalties to match federal law.

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