HB 1211 2003
1	CHAMBER ACTION
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6	The Committee on Business Regulation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to electronic messages; creating s.
12	668.20, F.S.; defining "commercial electronic mail
13	message," "electronic mail," "electronic mail service
14	provider," "established business relationship," and
15	"unsolicited commercial electronic mail message"; creating
16	s. 668.21, F.S.; prohibiting transmission of commercial
17	electronic mail messages under certain conditions;
18	creating s. 668.22, F.S.; providing for civil relief and
19	damages; providing an effective date.
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21	Be It Enacted by the Legislature of the State of Florida:
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23	Section 1. Section 668.20, Florida Statutes, is created to
24	read:
25	668.20 Commercial electronic mail message; definitions.--
26	As used in ss. 668.20, 668.21, and 668.22, the term:
27	(1) "Commercial electronic mail message" means an
28	electronic mail message sent for the purpose of encouraging the
29	purchase or rental of, or investment in, property, goods, or
30	services.
31	(2) "Electronic mail" means an electronic message or
32	computer file containing an image of a message that is
33	transmitted between two or more computer or electronic terminals
34	and includes electronic messages that are transmitted within or
35	between computer networks.
36	(3) "Electronic mail service provider" means any person
37	who:
38	(a) Is an intermediary in sending or receiving electronic
39	mail; and
40	(b) Provides to end users of electronic mail services the
41	ability to send or receive electronic mail.
42	(4) "Established business relationship" means a prior or
43	existing relationship formed by a voluntary communication
44	between a person or entity and the recipient, with or without an
45	exchange of consideration, on the basis of an inquiry,
46	application, purchase, or use by the recipient regarding
47	products or services offered by such person or entity.
48	(5) "Unsolicited commercial electronic mail message" means
49	a commercial electronic mail message sent without the consent of
50	the recipient by a person with whom the recipient does not have
51	an established business relationship. "Unsolicited commercial
52	electronic mail message" does not include electronic mail
53	messages the sender of which:
54	(a) Is an organization using electronic mail to
55	communicate exclusively with its members;
56	(b) Is an organization using electronic mail to
57	communicate exclusively with its employees or contractors;
58	(c) Has the consent of the recipient; or
59	(d) Has an established business relationship with the
60	recipient.
61	Section 2. Section 668.21, Florida Statutes, is created to
62	read:
63	668.21 Commercial electronic mail message; prohibitions.--
64	(1) No person shall transmit a commercial electronic mail
65	message that:
66	(a) Falsifies electronic mail transmission information or
67	other routing information for the unsolicited commercial
68	electronic message; or
69	(b) Contains false or misleading information in the
70	subject line.
71	(2) No person shall send a commercial electronic mail
72	message using a third party's internet address or domain name,
73	without the third party's consent, for the purpose of
74	transmitting electronic mail in a way that makes it appear that
75	the third party was the sender of such mail.
76	(3) No person shall send an unsolicited commercial
77	electronic mail message without using the exact characters
78	"ADV:" as the first four characters in the subject line of such
79	message.
80	(4) No person shall send an unsolicited commercial
81	electronic mail message without providing a mechanism that
82	allows recipients to easily and at no cost remove themselves
83	from the sender's electronic mail address lists so that they are
84	not included in future mailings.
85	Section 3. Section 668.22, Florida Statutes, is created to
86	read:
87	668.22 Commercial electronic mail message; civil relief;
88	damages.--
89	(1) Any person whose property or person is injured by
90	reason of a violation of any provision of s. 668.21 may recover
91	for any damages sustained and the costs of suit. Without
92	limiting the generality of the term, "damages" shall include
93	loss of profits.
94	(2) If the injury arises from the transmission of
95	unsolicited or commercial electronic mail messages, the injured
96	person, other than an electronic mail service provider, may also
97	recover attorney's fees and costs and may elect, in lieu of
98	actual damages, to recover the lesser of $10 for each and every
99	unsolicited commercial electronic mail message transmitted in
100	violation of s. 668.21 or $500 per day. The injured person shall
101	not have a cause of action against the electronic mail service
102	provider, which merely transmits the unsolicited commercial
103	electronic mail message over its computer network.
104	(3) If the injury arises from the transmission of
105	unsolicited or commercial electronic mail messages, an injured
106	electronic mail service provider may also recover attorney's
107	fees and costs and may elect, in lieu of actual damages, to
108	recover the greater of $10 for each and every unsolicited
109	commercial electronic mail message transmitted in violation of
110	s. 668.21 or $500 per day.
111	(4) At the request of any party to an action brought
112	pursuant to this section, the court may, in its discretion,
113	conduct all legal proceedings in such a way as to protect the
114	secrecy and security of the computer, computer network, computer
115	data, computer program, and computer software involved in order
116	to prevent possible recurrence of the same or a similar act by
117	another person and to protect any trade secrets of any party.
118	(5) An electronic mail service provider does not violate
119	s. 668.21, and the injured party shall not have a cause of
120	action against an electronic mail service provider, due to the
121	fact that the electronic mail service provider:
122	(a) Is an intermediary between the sender and recipient in
123	the transmission of an electronic mail message that violates s.
124	668.21;
125	(b) Provides transmission of unsolicited commercial
126	electronic mail messages over the provider's computer network or
127	facilities; or
128	(c) Takes voluntarily action in good faith to block the
129	receipt or transmission through its service of any electronic
130	mail advertisements that it believes is or will be sent in
131	violation of s. 668.21.
132	Section 4. This act shall take effect July 1, 2003.