Privacy Law Library

Electronic Mail Communications Act (commercial e-mail)

Florida Electronic Mail Communications Act

Marketing

Florida's anti-spam law. It prohibits unsolicited commercial e-mail that uses a third party's domain without permission, falsifies or hides routing information, carries a false or misleading subject line, or contains deceptive content meant to damage the recipient's device.

Where
Florida
Citation
Fla. Stat. 668.60-668.610
Status
In force
In force since
2004-07-01
Last amended
2006-07-01
Enforced by
Florida Department of Legal Affairs; interactive computer services, telephone companies, and cable providers; state attorneys (criminal)
People can sue
Limited
Penalties
The department may seek damages, injunctions, and civil penalties; interactive computer services, telephone companies, and cable providers may sue for actual damages or $500 per violating message plus fees, within 4 years (668.606). Violations are first-degree misdemeanors, or third-degree felonies at high volumes or revenues, or when minors are used (668.608).
Applies to
  • Any person who initiates or assists in sending unsolicited commercial e-mail from a Florida computer or to an e-mail address held by a Florida resident (668.603)

Practices it requires

  • Do not send unsolicited commercial e-mail that uses a third party's domain name without permission, falsifies or obscures origin or routing, has a false or misleading subject line, or carries deceptive content meant to damage the recipient's device.Fla. Stat. 668.603(1)
  • Do not distribute software designed to falsify routing information for commercial e-mail.Fla. Stat. 668.603(2)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Federal CAN-SPAM (15 U.S.C. 7707(b)) preempts state commercial e-mail laws except provisions on falsity or deception; how far that narrows this Act was not analyzed. | Civil penalty amounts under s. 668.6075 were not fetched.

Research reference, not legal advice.