Title XXXIX, Commercial Relations

(1) SHORT TITLE.—This section may be cited as the “Uniform Electronic Transaction Act.”(2) DEFINITIONS.—As used in this section:(a) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, a…

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.

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.

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 d…

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 wit…

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…

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.

(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 declarat…

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.Hist…

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 …

(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…

The remedies and criminal penalties of this part are in addition to remedies and criminal penalties otherwise available for the same conduct under federal or state law.History.—s. 1, ch. 2004-233; s. 3, ch. 2006-232.Note.—Former s. 668.6075(2).

This part may be cited as the “Antiphishing Act.”History.—s. 5, ch. 2006-232.

As used in this part, the term:(1) “Department” means the Department of Legal Affairs.(2) “Electronic mail address” has the same meaning as provided in s. 668.602.(3) “Electronic mail message” has the same meaning as provided in s. 668.602.(4) “Identifying information” has the sa…

(1) A person with an intent to engage in conduct involving the fraudulent use or possession of another person’s identifying information may not represent oneself, directly or by implication, to be another person without the authority or approval of such other person through the u…

(1) The following persons may bring a civil action against a person who violates this part:(a) A person engaged in the business of providing Internet access service to the public who is adversely affected by the violation.(b) A financial institution as defined in s. 655.005(1) th…

(1) This part does not apply to a telecommunications provider’s or Internet service provider’s good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information.(2) A provider of an interactive computer service is not liable under the…

This part shall be construed liberally to:(1) Safeguard an owner, operator, or lessee of a protected computer used in the operation of a business from harm or loss caused by unauthorized access to such computer.(2) Safeguard an owner of information stored in a protected computer …

As used in this part, the term:(1) “Authorized user” means a director, officer, employee, third-party agent, contractor, or consultant of the owner, operator, or lessee of the protected computer or the owner of information stored in the protected computer if the director, officer…

A person who knowingly and with intent to cause harm or loss:(1) Obtains information from a protected computer without authorization and, as a result, causes harm or loss;(2) Causes the transmission of a program, code, or command to a protected computer without authorization and,…

(1) A person who brings a civil action for a violation under s. 668.803 may:(a) Recover actual damages, including the person’s lost profits and economic damages.(b) Recover the violator’s profits that are not included in the computation of actual damages under paragraph (a).(c) O…

This part does not prohibit any lawfully authorized investigative, protective, or intelligence activity of any law enforcement agency, regulatory agency, or political subdivision of this state, any other state, the United States, or any foreign country. This part may not be const…