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:The volume of commercial electronic mail messages transmitted by the person exceeds 2,500 attempted recipients in any 24-hour period;The volume of commercial electronic mail messages transmitted by the person exceeds 25,000 attempted recipients in any 30-day period;The volume of commercial electronic mail messages transmitted by the person exceeds 250,000 attempted recipients in any 1-year period;The revenue generated from a specific commercial electronic mail message transmitted by the person exceeds $1,000;The total revenue generated from all commercial electronic mail messages transmitted by the person to any electronic mail message service provider or its subscribers exceeds $50,000;The person knowingly hires, employs, uses, or permits any minor to assist in the transmission of a commercial electronic mail message in violation of s. 668.603; orThe person commits a violation otherwise punishable under subsection (1) within a 5-year period after a previous conviction under this section.(a)
The volume of commercial electronic mail messages transmitted by the person exceeds 2,500 attempted recipients in any 24-hour period;(b)
The volume of commercial electronic mail messages transmitted by the person exceeds 25,000 attempted recipients in any 30-day period;(c)
The volume of commercial electronic mail messages transmitted by the person exceeds 250,000 attempted recipients in any 1-year period;(d)
The revenue generated from a specific commercial electronic mail message transmitted by the person exceeds $1,000;(e)
The total revenue generated from all commercial electronic mail messages transmitted by the person to any electronic mail message service provider or its subscribers exceeds $50,000;(f)
The person knowingly hires, employs, uses, or permits any minor to assist in the transmission of a commercial electronic mail message in violation of s. 668.603; or(g)
The person commits a violation otherwise punishable under subsection (1) within a 5-year period after a previous conviction under this section.
Source:
Section 668.608 — Criminal violations, https://www.flsenate.gov/Laws/Statutes/2024/0668.608 (accessed Aug. 7, 2025).