Florida Statutes
Fla. Stat. § 365.1657 (2025)
Intrastate use of facsimile machine for unsolicited advertising; prohibition; penalties; injunctive relief.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 4
cases, 2003–2015 · leading case: Condon v. Off. Depot, Inc., 855 So. 2d 644 (Fla. 2d DCA 2003).
Condon v. Off. Depot, Inc., 855 So. 2d 644 (Fla. 2d DCA 2003). “(codified at § 365.1657, Fla. Stat. (2002)). The statute provided for a civil penalty not to exceed 0 per violation.”
Am. Cas. Co. of Reading v. Superior Pharmacy, LLC, 86 F. Supp. 3d 1307 (M.D. Fla. 2015). “” Fla. Stat. § 365.1657 (emphasis added). Attached to the Class Action Complaint is a copy of the fax that Florida First complains about (Dkt.”
Penzer v. Transp. Ins., 545 F.3d 1303 (11th Cir. 2008). “Transportation first alleges that coverage is excluded because Penzer’s claims actually arose from Southeast’s willful violation of a penal statute, namely, Fla. Stat. § 365.1657 . 7 The exclusion easily and logically can be read as limited to the statute giving rise to…”
PENZER v. Transp. Ins. Co., 605 F.3d 1112 (11th Cir. 2008). “Transportation first alleges that coverage is excluded because Penzer's claims actually arose from Southeast's willful violation of a penal statute, namely, Fla. Stat. § 365.1657 . [7] The exclusion easily and logically can be read as limited to the statute giving rise to…”
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