668.60 – Short title; application.
668.60 Short title; application.—This part may be known by the popular name of the “Electronic Mail Communications Act.” Except as otherwise provided, this part applies to unsolicited commercial electronic mail. History.—s. 1, ch. 2004-233.
668.601 – Legislative intent.
668.601 Legislative intent.—This part is intended to promote the integrity of electronic commerce and shall be construed liberally in order to protect the public and legitimate businesses from deceptive and unsolicited commercial electronic mail. History.—s. 1, ch. 2004-233.
668.602 – Definitions.
668.602 Definitions.—As used in this part, the term: (1) “Affirmative consent” means that the recipient of electronic mail expressly consented to receive the message either in response to a clear and conspicuous request for the recipient’s consent or at the recipient’s own initiative. A recipient is deemed to have given affirmative consent if the electronic mail message […]
668.603 – Prohibited activity.
668.603 Prohibited activity.—A person may not: (1) Initiate or assist in the transmission of an unsolicited commercial electronic mail message from a computer located in this state or to an electronic mail address that is held by a resident of this state which: (a) Uses a third party’s Internet domain name without permission of the third party; (b) Contains […]
668.604 – Blocking of commercial electronic mail by interactive computer service.
668.604 Blocking of commercial electronic mail by interactive computer service.—This part does not: (1) Require a provider of Internet access service to block, transmit, route, relay, handle, or store certain types of electronic mail messages; (2) Prevent or limit, in any way, a provider of Internet access service from adopting a policy regarding commercial or other electronic mail, […]
668.605 – Confidentiality of intelligence or investigation information.
668.605 Confidentiality of intelligence or investigation information.—This part does not contravene the provisions of s. 501.2065, which provide for maintaining the confidential status of certain information. History.—s. 1, ch. 2004-233.
668.606 – Civil remedies; service provider immunity.
668.606 Civil remedies; service provider immunity.— (1) The department may bring an action for damages or for declaratory or injunctive relief or may impose a civil penalty as provided in s. 668.6075. A cause of action, without regard to any other remedy or relief to which a person is entitled, including the right to seek declaratory and […]
668.6075 – Unfair and deceptive trade practices.
668.6075 Unfair and deceptive trade practices.—A violation of s. 668.603 shall be deemed an unfair and deceptive trade practice within the meaning of part II of chapter 501. In addition to any remedies or penalties set forth in that part, a violator shall be subject to the penalties and remedies provided for in this part. History.—s. […]
668.6076 – Public records status of e-mail addresses; agency website notice.
668.6076 Public records status of e-mail addresses; agency website notice.—Any agency, as defined in s. 119.011, or legislative entity that operates a website and uses electronic mail shall post the following statement in a conspicuous location on its website: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released […]
668.608 – Criminal violations.
668.608 Criminal violations.— (1) Except as provided in subsection (2), any person who violates s. 668.603 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who violates s. 668.603 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if: […]