HB 1035

1	A bill to be entitled
2	An act relating to online dating services; providing
3	definitions; requiring criminal background checks before
4	allowing a member of a dating service to perform certain
5	acts; providing exceptions; requiring disclosures in
6	certain circumstances; requiring each service to establish
7	a policy concerning criminal background check results;
8	providing minimum requirements for a policy; requiring
9	opportunities for certain persons to review the policy;
10	requiring a specified disclosure on the profile of a
11	person with a criminal conviction; providing for civil
12	actions for violations of the act; providing for damages,
13	including specified liquidated damages, costs, and
14	attorney's fees; providing for actions by the Attorney
15	General to enforce the act; providing specified immunity
16	for the state; providing for criminal violations of the
17	act; providing penalties; providing specified acts by
18	operators do not violate the act; providing an effective
19	date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Definitions.--As used in this act:
24	(1)  "Communicate" or "communicating" means free-form text
25	or real-time voice communication.
26	(2)  "Criminal background check" means a search for a
27	person's felony and sexual offense convictions by one of the
28	following means:
29	(a)  Through the criminal history record system maintained
30	by the Federal Bureau of Investigation based on fingerprint
31	identification or any other method of positive identification
32	used by the Federal Bureau of Investigation.
33	(b)  Through the criminal history record systems maintained
34	by each of the 50 states and the District of Columbia.
35	(c)  Through a private vendor whose database contains more
36	than 170,000,000 criminal records, has substantially national
37	coverage, is updated at least once every 30 days, and is
38	operated and maintained in the United States.
39	(d)  Through a database search conducted by the Florida
40	Department of Law Enforcement and one of the searches provided
41	for in paragraphs (a)-(c).
42	(3)  "Member" means a person who is either a member or who
43	submits a profile or other information for the purpose of
44	dating, matrimonial, or social referral services to an online
45	dating service provider.
46	(4)  "Online dating service provider" or "provider" means a
47	person or organization engaged, directly or indirectly, in the
48	business of offering, promoting, or providing access to dating,
49	relationship, compatibility, matrimonial, or social referral
50	services primarily through the Internet.
51	Section 2.  Criminal background check; required
52	disclosures.--
53	(1)  An online dating service provider that provides
54	services to residents of this state shall do one of the
55	following:
56	(a)  Conduct a criminal background check for each member
57	using the online dating service before allowing that person to
58	communicate with another person through the service.
59	(b)  Disclose clearly and conspicuously, to all website
60	visitors residing in this state, on the provider's homepage and
61	all other pages where visitors or members first enter the
62	provider's website, on the profile page, and on all e-mails sent
63	through the service by communicating members, within the top
64	one-third of the webpage, that the online dating service
65	provider has not conducted criminal background checks under
66	paragraph (a). The disclosure shall state the following:
67
68	"WARNING:  [NAME OF PROVIDER] HAS NOT CONDUCTED FELONY
69	OR SEXUAL OFFENSE BACKGROUND CHECKS ON ITS MEMBERS."
70
71	(c)  If the provider conducts a criminal background check
72	as provided in section 1(2)(b), display through a readily
73	accessible link on the provider's homepage, within the top one-
74	third of the webpage visible after selecting the disclosure
75	link, a conspicuous disclosure that states the following:
76
77	"WARNING:  BASED SOLELY ON THE NAME PROVIDED BY THE
78	MEMBER, [NAME OF PROVIDER] HAS CONDUCTED A CRIMINAL
79	BACKGROUND CHECK THROUGH THE CRIMINAL HISTORY RECORD
80	SYSTEMS MAINTAINED BY EACH OF THE 50 STATES AND THE
81	DISTRICT OF COLUMBIA."
82
83	(d)  If the provider conducts a criminal background check
84	as provided in section 1(2)(c), display through a readily
85	accessible link on the provider's homepage, within the top one-
86	third of the webpage visible after selecting the disclosure
87	link, a conspicuous disclosure that states the following:
88
89	"WARNING:  BASED SOLELY ON THE NAME PROVIDED BY THE
90	MEMBER, [NAME OF PROVIDER] HAS CONDUCTED A CRIMINAL
91	DATABASE SEARCH THROUGH A PRIVATE VENDOR WHOSE RECORDS
92	MAY NOT INCLUDE ALL CONVICTIONS FROM ALL
93	JURISDICTIONS. CONTACT [NAME OF PROVIDER] FOR
94	INFORMATION REGARDING WHICH JURISDICTIONS ARE
95	INCLUDED."
96
97	(e)1.  If the provider conducts a criminal background check
98	as provided in section 1(2)(d), display through a readily
99	accessible link on the provider's homepage, within the top one-
100	third of the webpage visible after selecting the disclosure
101	link, a conspicuous disclosure that states the following:
102
103	"WARNING:  BASED SOLELY ON THE NAME PROVIDED BY THE
104	MEMBER, [NAME OF PROVIDER] HAS CONDUCTED A CRIMINAL
105	DATABASE SEARCH THROUGH FLORIDA RECORDS MAINTAINED BY
106	THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT."
107
108	2.  If the provider has made the required additional
109	search under section 1(2)(d) using the method provided in
110	section 1(2)(b) or section 1(2)(c), a sentence shall be
111	added to the disclaimer as follows:
112	a.  If the additional search was done pursuant section
113	1(2)(b), add the following:
114
115	"ADDITIONALLY, [NAME OF PROVIDER] HAS CONDUCTED A CRIMINAL
116	BACKGROUND CHECK THROUGH THE CRIMINAL HISTORY RECORD
117	SYSTEMS MAINTAINED BY EACH OF THE 50 STATES AND THE
118	DISTRICT OF COLUMBIA."
119
120	b.  If the additional search was done pursuant to
121	section 1(2)(c), add the following:
122
123	"ADDITIONALLY, [NAME OF PROVIDER] HAS CONDUCTED A
124	CRIMINAL BACKGROUND CHECK THROUGH A PRIVATE VENDOR
125	WHOSE RECORDS MAY NOT INCLUDE ALL CONVICTIONS FROM ALL
126	JURISDICTIONS. CONTACT [NAME OF PROVIDER] FOR
127	INFORMATION REGARDING WHICH JURISDICTIONS ARE
128	INCLUDED."
129
130	(2)  An online dating service provider that conducts
131	criminal background checks shall update each criminal background
132	check at least once every 90 days.
133	Section 3.  Provider policy.--
134	(1)  Each online dating service provider shall establish a
135	policy that conforms to the requirements of this act as to what
136	actions the provider will initiate as a result of information
137	obtained through a criminal background check or database search.
138	At a minimum, the policy shall contain the following:
139	(a)  An acknowledgement that criminal background checks are
140	not a perfect safety solution and an acknowledgement that
141	criminals may circumvent even the most sophisticated search
142	technology.
143	(b)  An acknowledgement that only felony convictions, not
144	all arrests, are covered by the criminal background checks,
145	unless the provider uses the Federal Bureau of Investigation
146	database.
147	(c)  An acknowledgement that first-time offenders can
148	commit crimes and will not have a prior criminal conviction.
149	(d)  A description of additional safety measures reasonably
150	designed to increase awareness of safer dating practices.
151	(e)  A statement clearly describing whether the provider
152	excludes from its website all persons identified as having a
153	criminal conviction.
154	(2)  A copy of the policy established under subsection (1)
155	shall be made available to each person who applies for
156	membership with the provider.
157	(3)  The provider's homepage shall contain a link that will
158	allow a person to review the policy established under subsection
159	(1).
160	(4)  If a provider chooses not to exclude from its website
161	all persons identified as having a criminal conviction, then the
162	provider shall prominently disclose on the profile of each such
163	person when shown or sent to a member residing in this state the
164	following warning:
165
166	"WARNING:  THIS PERSON HAS BEEN IDENTIFIED AS HAVING A
167	PRIOR CRIMINAL CONVICTION."
168
169	Section 4.  Civil remedies.--
170	(1)  A civil action may be brought by a person who suffers
171	damages as a result of a violation of this act.
172	(2)  In an action brought under this section, a person who
173	suffers damages as a result of a violation of this act may
174	recover actual costs, actual and reasonable attorney fees, and
175	the greater of the following:
176	(a)  Actual damages; or
177	(b)  Damages of $250 for each day for which the
178	requirements of this act are not met.
179	(3)  If the online dating service provider fails to meet
180	the disclosure requirements of this act for any of its members
181	or visitors, such failure constitutes a separate violation for
182	each member or visitor for whom the required disclosure was not
183	provided.
184	(4)  A civil action may be brought by the Attorney General
185	against a violator of this act as provided in this section.
186	However, existence of the right of action in this subsection
187	does not impose any liability on the state or its agents.
188	Section 5.  Criminal violations.--
189	(1)  A person who violates this act commits a misdemeanor
190	of the first degree, punishable as provided in s. 775.082 or s.
191	775.083, except that, as provided in s. 775.083(1)(g), a fine of
192	$250 is authorized for each day for which the requirements of
193	this act are not met.
194	(2)  If the online dating service provider fails to meet
195	the disclosure requirements of this act for any of its members
196	or visitors, each such failure constitutes a separate violation
197	for each person for whom the required disclosure was not
198	provided.
199	Section 6.  Provider acting as intermediary.--A provider
200	does not violate this act as a result of being an intermediary
201	between the sender and recipient in the transmission of a
202	message that violates this act.
203	Section 7.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.