(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:
(a) The volume of commercial electronic mail messages transmitted by the person exceeds 2,500 attempted recipients in any 24-hour period;
(b) The volume of commercial electronic mail messages transmitted by the person exceeds 25,000 attempted recipients in any 30-day period;
(c) The volume of commercial electronic mail messages transmitted by the person exceeds 250,000 attempted recipients in any 1-year period;
(d) The revenue generated from a specific commercial electronic mail message transmitted by the person exceeds $1,000;
(e) The total revenue generated from all commercial electronic mail messages transmitted by the person to any electronic mail message service provider or its subscribers exceeds $50,000;
(f) The person knowingly hires, employs, uses, or permits any minor to assist in the transmission of a commercial electronic mail message in violation of s. 668.603; or
(g) The person commits a violation otherwise punishable under subsection (1) within a 5-year period after a previous conviction under this section.
History.—s. 4, ch. 2006-232.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 668 - Electronic Commerce
Part III - Electronic Mail Communications (Ss. 668.60-668.610)
668.60 - Short title; application.
668.603 - Prohibited activity.
668.604 - Blocking of commercial electronic mail by interactive computer service.
668.605 - Confidentiality of intelligence or investigation information.
668.606 - Civil remedies; service provider immunity.
668.6075 - Unfair and deceptive trade practices.
668.6076 - Public records status of e-mail addresses; agency website notice.