The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 365
USE OF TELEPHONES AND FACSIMILE MACHINES

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F.S. 365.1657

365.1657 Intrastate use of facsimile machine for unsolicited advertising; prohibition; penalties; injunctive relief.—

(1) It is unlawful for any person to use a machine that electronically transmits facsimiles of documents through connection with a telephone network to transmit within this state unsolicited advertising material for the sale of any real property, goods, or services.

(2) The Attorney General may bring an action to impose a civil penalty and to seek injunctive relief. The civil penalty shall not exceed $500 per violation. Each transmission shall be considered a separate violation.

History.—s. 1, ch. 89-95.

F.S. 365.1657 on Google Scholar

F.S. 365.1657 on Casetext

Amendments to 365.1657

Arrestable Offenses / Crimes under Fla. Stat. 365.1657

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 365.1657.

Annotations, Discussions, Cases:

Cases from cite.case.law:

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, v. SUPERIOR PHARMACY, LLC,, 86 F. Supp. 3d 1307 (M.D. Fla. 2015)

. . . conversion claim, Florida First alleged that it is brought “[i]n accordance with Florida Statute § 365.1657 . . . Its complaint alleged that the conversion claim is brought “[i]n accordance with Florida Statute § 365.1657 . . . Stat. § 365.1657 (emphasis added). . . . Subsection Three The conversion claim also arises out of Florida Statute § 365.1657. § 365.1657 makes . . . The operative complaint alleges that the conversion claim is brought in accordance with § 365.1657 and . . .

PENZER, v. TRANSPORTATION INSURANCE COMPANY, a CNA, a v., 545 F.3d 1303 (11th Cir. 2008)

. . . . § 365.1657. . . . Section 365.1657 provides that: (1) It is unlawful for any person to use a machine that electronically . . .

CONDON, v. OFFICE DEPOT, INC. a d b a, 855 So. 2d 644 (Fla. Dist. Ct. App. 2003)

. . . (codified at § 365.1657, Fla. Stat. (2002)). . . . The Florida Legislature never amended section 365.1657 to create a private right of action or to give . . . And they do hear similar claims under section 365.1657, Florida Statutes (2001), which makes it unlawful . . . Because section 365.1657 was passed prior to the 1991 enactment of the TCPA, see ch. 89-95, Laws of Fla . . .