April 24, 2017
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Senate Bill 0080

Senate Bill sb0080er

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    2006 Legislature            CS for CS for SB 80, 1st Engrossed



  1                                 

  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; creating part IV of ch. 668,

24         F.S.; providing a short title; providing

25         definitions; prohibiting certain acts relating

26         to fraudulent use or possession of identifying

27         information; authorizing civil actions for

28         violations; providing for injunctive relief and

29         damages; authorizing courts to increase awards

30         of actual damages under certain circumstances;

31         providing for recovery of attorney's fees and


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    2006 Legislature            CS for CS for SB 80, 1st Engrossed



 1         court costs; providing for jurisdiction and

 2         venue; providing for deposit of certain moneys

 3         received by the Attorney General into the Legal

 4         Affairs Revolving Trust Fund; authorizing the

 5         Department of Legal Affairs to adopt rules;

 6         providing for nonapplication to certain

 7         entities' good faith handling of identifying

 8         information; specifying the absence of

 9         liability for certain actions taken to prevent

10         certain violations; providing an effective

11         date.

12  

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

14  

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

16  Florida Statutes, or legislative entity that operates a

17  website and uses electronic mail shall post the following

18  statement in a conspicuous location on its website:

19  

20         Under Florida law, e-mail addresses are public

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

22         released in response to a public-records

23         request, do not send electronic mail to this

24         entity. Instead, contact this office by phone

25         or in writing.

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

27  Statutes, is amended to read:

28         668.606  Civil remedies; service provider immunity.--

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

30  provide for criminal charges against an interactive computer

31  service, customer premise equipment provider, communications


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    2006 Legislature            CS for CS for SB 80, 1st Engrossed



 1  service provider telephone company, or cable provider whose

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

 3  commercial electronic mail message that violates s. 668.603.

 4         Section 3.  Section 668.6075, Florida Statutes, is

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

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

 7         668.6075  Unfair and deceptive trade practices

 8  Violations of s. 668.603.--

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

10  unfair and deceptive trade practice within the meaning of part

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

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

13  penalties and remedies provided for in this part.

14         668.610  Cumulative remedies.--

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

16  are in addition to remedies and criminal penalties otherwise

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

18         Section 4.  Section 668.608, Florida Statutes, is

19  created to read:

20         668.608  Criminal violations.--

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

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

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

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

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

26  775.082, s. 775.083, or s. 775.084, if:

27         (a)  The volume of commercial electronic mail messages

28  transmitted by the person exceeds 2,500 attempted recipients

29  in any 24-hour period;

30  

31  


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    2006 Legislature            CS for CS for SB 80, 1st Engrossed



 1         (b)  The volume of commercial electronic mail messages

 2  transmitted by the person exceeds 25,000 attempted recipients

 3  in any 30-day period;

 4         (c)  The volume of commercial electronic mail messages

 5  transmitted by the person exceeds 250,000 attempted recipients

 6  in any 1-year period;

 7         (d)  The revenue generated from a specific commercial

 8  electronic mail message transmitted by the person exceeds

 9  $1,000;

10         (e)  The total revenue generated from all commercial

11  electronic mail messages transmitted by the person to any

12  electronic mail message service provider or its subscribers

13  exceeds $50,000;

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

15  permits any minor to assist in the transmission of a

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

17  or

18         (g)  The person commits a violation otherwise

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

20  previous conviction under this section.

21         Section 5.  Part IV of chapter 668, Florida Statutes,

22  consisting of sections 668.701, 668.702, 668.703, 668.704, and

23  668.705, Florida Statutes, is created to read:

24                             PART IV

25     FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION

26         668.701  Short title.--This part may be cited as the

27  "Anti-Phishing Act."

28         668.702  Definitions.--As used in this part, the term:

29         (1)  "Department" means the Department of Legal

30  Affairs.

31  


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    2006 Legislature            CS for CS for SB 80, 1st Engrossed



 1         (2)  "Electronic mail address" has the same meaning as

 2  provided in s. 668.602.

 3         (3)  "Electronic mail message" has the same meaning as

 4  provided in s. 668.602.

 5         (4)  "Identifying information" has the same meaning as

 6  the term "personal identification information" as defined in

 7  s. 817.568(1).

 8         (5)  "Internet domain name" has the same meaning as

 9  provided in s. 668.602.

10         (6)  "Web page" means a location that has a single

11  uniform resource locator (URL) with respect to the World Wide

12  Web or another location that can be accessed on the Internet.

13         668.703  Prohibited acts.--

14         (1)  A person with an intent to engage in conduct

15  involving the fraudulent use or possession of another person's

16  identifying information may not represent oneself, directly or

17  by implication, to be another person without the authority or

18  approval of such other person through the use of a web page or

19  Internet domain name and use that web page, Internet domain

20  name, or a link to that web page or domain name or another

21  site on the Internet to induce, request, or solicit a resident

22  of this state to provide identifying information.

23         (2)  A person with an intent to engage in conduct

24  involving the fraudulent use or possession of identifying

25  information may not send or cause to be sent to an electronic

26  mail address held by a resident of this state an electronic

27  mail message that is falsely represented as being sent by

28  another person without the authority or approval of such other

29  person, refers or links the recipient of the message to a web

30  page, and directly or indirectly induces, requests, or

31  


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    2006 Legislature            CS for CS for SB 80, 1st Engrossed



 1  solicits the recipient of the electronic mail message to

 2  provide identifying information.

 3         668.704  Remedies.--

 4         (1)  The following persons may bring a civil action

 5  against a person who violates this part:

 6         (a)  A person engaged in the business of providing

 7  Internet access service to the public who is adversely

 8  affected by the violation.

 9         (b)  A financial institution as defined in s.

10  655.005(1) that is adversely affected by the violation.

11         (c)  An owner of a web page, trademark, or service mark

12  who is adversely affected by the violation.

13         (d)  The Attorney General.

14         (2)  A person bringing an action under this section

15  may:

16         (a)  Seek injunctive relief to restrain the violator

17  from continuing the violation.

18         (b)  Recover damages in an amount equal to the greater

19  of:

20         1.  Actual damages arising from the violation; or

21         2.  The sum of $5,000 for each violation of the same

22  nature.

23         (3)  The court may increase an award of actual damages

24  in an action brought under this section to an amount not to

25  exceed three times the actual damages sustained if the court

26  finds that the violations have occurred with a frequency as to

27  constitute a pattern or practice.

28         (4)  For purposes of this section, violations are of

29  the same nature if the violations consist of the same course

30  of conduct or action, regardless of the number of times the

31  conduct or action occurred.


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    2006 Legislature            CS for CS for SB 80, 1st Engrossed



 1         (5)  A plaintiff who prevails in an action filed under

 2  this section is entitled to recover reasonable attorney's fees

 3  and court costs.

 4         (6)  By committing a violation under this part, the

 5  violator submits personally to the jurisdiction of the courts

 6  of this state. This section does not preclude other methods of

 7  obtaining jurisdiction over a person who commits a violation

 8  under this part.

 9         (7)  An action under this part may be brought in any

10  court of competent jurisdiction to enforce such rights and to

11  recover damages as stated in this part.

12         (8)  The venue for a civil action brought under this

13  section shall be the county in which the plaintiff resides or

14  in any county in which any part of the alleged violation under

15  this part took place, regardless of whether the defendant was

16  ever actually present in that county. A civil action filed

17  under this section must be brought within 3 years after the

18  violation occurred.

19         (9)  The remedies available under this section are in

20  addition to remedies otherwise available for the same conduct

21  under federal or state law.

22         (10)  Any moneys received by the Attorney General for

23  attorney's fees and costs of investigation or litigation in

24  proceedings brought under this section shall be deposited as

25  received into the Legal Affairs Revolving Trust Fund.

26         (11)  Any moneys received by the Attorney General which

27  are not for attorney's fees and costs of investigation or

28  litigation or used for reimbursing persons found under this

29  part to be damaged shall accrue to the state and be deposited

30  as received into the Legal Affairs Revolving Trust Fund.

31  


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    2006 Legislature            CS for CS for SB 80, 1st Engrossed



 1         (12)  The Department of Legal Affairs may adopt rules

 2  pursuant to ss. 120.536(1) and 120.54 to implement the

 3  provisions of this part.

 4         668.705  Exemptions.--

 5         (1)  This part does not apply to a telecommunications

 6  provider's or Internet service provider's good faith

 7  transmission or routing of, or intermediate temporary storing

 8  or caching of, identifying information.

 9         (2)  A provider of an interactive computer service is

10  not liable under the laws of this state for removing or

11  disabling access to content that resides on an Internet

12  website or other online location controlled or operated by

13  such provider if such provider believes in good faith that the

14  content is used to engage in a violation of this part.

15         Section 6.  This act shall take effect July 1, 2006,

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

17  

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21  

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