Fla. Stat. § 668.001
Short title
This act may be cited as the “Electronic Signature Act of 1996.”
Florida Statutes Chapter 668 — ELECTRONIC COMMERCE
Florida · statute · Fla. Stat. ch. 668 · 27 active provisions
Fla. Stat. § 668.002
Legislative intent
It is the intent of the Legislature that this act:(1) Facilitate economic development and efficient delivery of government services by means of reliable electronic messages.(2) Enhance public confidence in the use of electronic signatures.(3) Minimize the incidence of forged electronic signatures and fraud in electroni…
Fla. Stat. § 668.003
Definitions
As used in this act:(1) “Certificate” means a computer-based record which:(a) Identifies the certification authority.(b) Identifies the subscriber.(c) Contains the subscriber’s public key.(d) Is digitally signed by the certification authority.(2) “Certification authority” means a person who issues a certificate.(3) “Di…
Fla. Stat. § 668.004
Force and effect of electronic signature
Unless otherwise provided by law, an electronic signature may be used to sign a writing and shall have the same force and effect as a written signature.
Fla. Stat. § 668.006
Control procedures
The head of each agency shall be responsible for adopting and implementing control processes and procedures to ensure adequate integrity, security, confidentiality, and auditability of business transactions conducted using electronic commerce.
Fla. Stat. § 668.50
Uniform Electronic Transaction Act
(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, and procedures given the effect of agreem…
Fla. Stat. § 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.
Fla. Stat. § 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.
Fla. Stat. § 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…
Fla. Stat. § 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) C…
Fla. Stat. § 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, including a poli…
Fla. Stat. § 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.
Fla. Stat. § 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 injunctive relief against a pers…
Fla. Stat. § 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.
Fla. Stat. § 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 in response to a public records…
Fla. Stat. § 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:(a)…
Fla. Stat. § 668.610
Cumulative remedies
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.
Fla. Stat. § 668.701
Short title
This part may be cited as the “Antiphishing Act.”
Fla. Stat. § 668.702
Definitions
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 same meaning as the term “personal identif…
Fla. Stat. § 668.703
Prohibited acts
(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 use of a web page or Internet domain name…
Fla. Stat. § 668.704
Remedies
(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) that is adversely affected by the violatio…
Fla. Stat. § 668.705
Exemptions
(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 laws of this state for removing or disa…
Fla. Stat. § 668.801
Purpose
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 used in the operation of a business from…
Fla. Stat. § 668.802
Definitions
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, employee, third-party agent, contracto…
Fla. Stat. § 668.803
Prohibited acts
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, as a result of the transmission, causes…
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