| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to online dating services; creating ss. |
| 7 | 501.165, 501.166, 501.167, 501.168, 501.169, and 501.171, |
| 8 | F.S.; providing a short title; providing legislative |
| 9 | intent; defining terms; requiring certain disclosures by |
| 10 | online dating services; requiring certain online dating |
| 11 | services to develop and publish policies; providing civil |
| 12 | penalties; providing exclusions; providing a severability |
| 13 | clause; providing a directive to the Division of Statutory |
| 14 | Revision; providing an effective date. |
| 15 |
|
| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
|
| 18 | Section 1. Section 501.165, Florida Statutes, is created |
| 19 | to read: |
| 20 | 501.165 Short title; legislative intent.--Sections |
| 21 | 501.165-501.171 may be cited as the "Florida Internet Dating |
| 22 | Disclosure and Safety Awareness Act." The Legislature finds that |
| 23 | a disclosure in the form of a notice on the websites of online |
| 24 | dating services informing the residents of Florida that a |
| 25 | criminal background check may or may not have been conducted on |
| 26 | its members fulfills a compelling state interest to increase |
| 27 | public awareness of the possible risks to personal safety |
| 28 | involved with online dating. |
| 29 | Section 2. Section 501.166, Florida Statutes, is created |
| 30 | to read: |
| 31 | 501.166 Definitions.--As used in ss. 501.165-501.171: |
| 32 | (1) "Communicate," "communicating," or "communication" |
| 33 | means free-form text authored by a member or real-time voice |
| 34 | communication through an online dating service provider. |
| 35 | (2) "Criminal background check" means a search for a |
| 36 | person's felony and sexual offense convictions initiated by an |
| 37 | online dating service provider conducted by one of the following |
| 38 | means: |
| 39 | (a) By searching available and regularly updated |
| 40 | government public record databases for felony and sexual offense |
| 41 | convictions so long as such databases, in the aggregate, provide |
| 42 | substantially national coverage; or |
| 43 | (b) By searching a database maintained by a private vendor |
| 44 | that is updated at least every 30 days and that contains at |
| 45 | least the same or substantially similar criminal history records |
| 46 | as would be otherwise accessible through searches of all the |
| 47 | available government databases specified in paragraph (a). |
| 48 | (3) "Member" means a person who submits to an online |
| 49 | dating service provider the information required by the provider |
| 50 | to access the provider's service for the purpose of engaging in |
| 51 | dating, participating in compatibility evaluations with other |
| 52 | persons, or obtaining matrimonial matching services. |
| 53 | (4) "Online dating service provider" or "provider" means a |
| 54 | person engaged in the business of offering or providing to its |
| 55 | members for a fee access to dating, compatibility evaluations |
| 56 | between persons, or matrimonial matching services through the |
| 57 | Internet. |
| 58 | (5) "Sexual offense conviction" means a conviction for an |
| 59 | offense that would qualify the offender for registration as a |
| 60 | sexual offender pursuant to s. 943.0435, or under another |
| 61 | state's equivalent statute. |
| 62 | Section 3. Section 501.167, Florida Statutes, is created |
| 63 | to read: |
| 64 | 501.167 Criminal background check; required |
| 65 | disclosures.--An online dating service provider offering |
| 66 | services to residents of this state shall disclose clearly and |
| 67 | conspicuously to any member who provides a Florida billing |
| 68 | address or Florida zip code when registering with the provider, |
| 69 | that the online dating provider either initiates a background |
| 70 | search of felony and sexual offense convictions on each member |
| 71 | prior to permitting any member to communicate with a member from |
| 72 | Florida or that the online dating service provider does not |
| 73 | initiate such a background search. |
| 74 | (1) If the online dating service provider does not |
| 75 | initiate background searches, the provider must make a |
| 76 | disclosure that shall read: |
| 77 |
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| 78 | NO BACKGROUND SEARCH OF FELONY OR SEXUAL OFFENSE |
| 79 | CONVICTIONS IS DONE ON MEMBERS WHO USE THIS SERVICE. |
| 80 | PLEASE TAKE APPROPRIATE SAFETY MEASURES TO INCREASE |
| 81 | AWARENESS OF POSSIBLE RISKS ASSOCIATED WITH DATING. |
| 82 |
|
| 83 | (2) If the online dating service provider does |
| 84 | initiate criminal background searches, the disclosure shall |
| 85 | read: |
| 86 |
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| 87 | . . . . [NAME OF PROVIDER] . . . INITIATES A LIMITED |
| 88 | BACKGROUND SEARCH FOR FELONY AND SEXUAL OFFENSE |
| 89 | CONVICTIONS BEFORE A MEMBER IS PERMITTED TO |
| 90 | COMMUNICATE WITH ANY MEMBER FROM FLORIDA. |
| 91 |
|
| 92 | (3) The disclosure required by either subsection (1) |
| 93 | or subsection (2) shall appear on a webpage required to be |
| 94 | viewed by a person applying to be a member who has |
| 95 | indicated a Florida billing address or Florida zip code in |
| 96 | the registration process and such disclosure shall be no |
| 97 | more than 3 inches from the top of the webpage, in bold |
| 98 | capital letters, in at least 12-point type, in a color that |
| 99 | contrasts from the background. The provider shall require |
| 100 | the Florida applicant to make an electronic acknowledgement |
| 101 | that the applicant has been provided the disclosure before |
| 102 | the applicant is accepted as a member. The disclosure |
| 103 | required by either subsection (1) or subsection (2) shall |
| 104 | additionally appear on any page that appears to a member |
| 105 | from Florida each time that member initiates or receives a |
| 106 | communication with another member through the provider's |
| 107 | service. |
| 108 | (4) If the online dating service provider does conduct |
| 109 | criminal background checks, and the provider has a policy |
| 110 | allowing a member who has been identified as having a felony or |
| 111 | sexual offense conviction to have access to its service to |
| 112 | communicate with any member from Florida, the provider shall |
| 113 | clearly and conspicuously disclose on any communication to a |
| 114 | member from Florida from the member who has been identified as |
| 115 | having a felony or sexual offense conviction, and on any webpage |
| 116 | that is seen by or transmitted to a member from Florida that |
| 117 | contains the personal information for the member who has been |
| 118 | identified as having a felony or sexual offense conviction and |
| 119 | that is seen by or communicated to a member from Florida, a |
| 120 | disclosure that shall read: |
| 121 |
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| 122 | THIS PERSON HAS BEEN IDENTIFIED AS HAVING A FELONY OR |
| 123 | SEXUAL OFFENSE CONVICTION. |
| 124 |
|
| 125 | Section 4. Section 501.168, Florida Statutes, is created |
| 126 | to read: |
| 127 | 501.168 Provider policies; disclosure.--An online dating |
| 128 | service provider that does conduct criminal background checks |
| 129 | shall establish an electronic link from any webpage containing |
| 130 | the disclosure required by s. 501.167(2) to a webpage that |
| 131 | provides a safety awareness notification. The webpage containing |
| 132 | the safety awareness notification shall be configured so that it |
| 133 | shall automatically appear each time a member makes the |
| 134 | electronic acknowledgement of the disclosure under s. |
| 135 | 501.167(2). The member shall be required to make an electronic |
| 136 | acknowledgement of the safety awareness notification each time |
| 137 | it appears and such acknowledgement shall appear at the bottom |
| 138 | of the webpage containing such notification. At a minimum, the |
| 139 | safety awareness notification shall provide for the following: |
| 140 | (1) A statement that reads: |
| 141 |
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| 142 | PERSONAL SAFETY AWARENESS NOTICE |
| 143 |
|
| 144 | CAUTION: Before allowing Florida members to |
| 145 | communicate with other members. . . [Name of provider] |
| 146 | . . . initiates a background search of available |
| 147 | public records to determine if any felony or sexual |
| 148 | offense convictions are identified based on the name |
| 149 | and other information we require of members to create |
| 150 | a profile. The purpose is to provide a preliminary |
| 151 | background screening for protection of our members |
| 152 | before they are permitted to begin communicating |
| 153 | directly with each other. |
| 154 |
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| 155 | The background searches for felony and sexual offense |
| 156 | convictions are not foolproof and are not intended to |
| 157 | give members a false sense of security. Background |
| 158 | checks are not a perfect safety solution, and |
| 159 | criminals may circumvent even the most sophisticated |
| 160 | search technology. |
| 161 |
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| 162 | Not all criminal records are public in all states and |
| 163 | not all databases are up-to-date. Only publicly |
| 164 | available felony and sexual offense convictions are |
| 165 | included in the search, but searches do not cover |
| 166 | other convictions or arrests or any convictions from |
| 167 | foreign countries. |
| 168 |
|
| 169 | Anyone who is able to commit identity theft can also |
| 170 | falsify a dating profile. |
| 171 |
|
| 172 | There is no substitute for using good common sense and |
| 173 | acting with caution when communicating with any |
| 174 | stranger who wants to meet you. |
| 175 |
|
| 176 | (2) Additional information that includes a list and |
| 177 | description of safety measures reasonably designed to increase |
| 178 | awareness of safer dating practices as determined by the |
| 179 | provider. |
| 180 | (3) A statement as to whether the provider permits a |
| 181 | member who has been identified as having a felony or sexual |
| 182 | offense conviction to communicate with any other member. |
| 183 | Section 5. Section 501.169, Florida Statutes, is created |
| 184 | to read: |
| 185 | 501.169 Civil penalties.--An online dating service |
| 186 | provider that registers members from Florida must comply with |
| 187 | the provisions of ss. 501.165-501.171. |
| 188 | (1) The Legislature finds that the act of transmitting |
| 189 | files over the Internet addressed to residents of the state, and |
| 190 | the act of accepting membership fees from residents of the |
| 191 | state, means that an online dating service is operating, |
| 192 | conducting, engaging in, and otherwise carrying on a business in |
| 193 | the state subjecting such online dating service providers to |
| 194 | regulation by the state and to the jurisdiction of the state's |
| 195 | courts. |
| 196 | (2) Failure to comply with the disclosure requirements of |
| 197 | ss. 501.165-501.171 shall constitute a deceptive and unfair |
| 198 | trade practice under part II. Each failure to provide a required |
| 199 | disclosure constitutes a separate violation. |
| 200 | (3) In addition to the remedy provided in subsection (1), |
| 201 | the court may impose a civil penalty of up to $1,000 per |
| 202 | violation, with an aggregate total not to exceed $25,000 for any |
| 203 | 24-hour period, against any online dating service provider who |
| 204 | violates any requirement of ss. 501.165-501.171. Suit may be |
| 205 | brought by an enforcing authority, as defined by s. 501.203, or |
| 206 | by the Division of Consumer Services of the Department of |
| 207 | Agriculture and Consumer Services. Any penalties collected shall |
| 208 | accrue to the enforcing authority or the division to further |
| 209 | consumer enforcement efforts. |
| 210 | Section 6. Section 501.171, Florida Statutes, is created to |
| 211 | read: |
| 212 | 501.171 Exclusions.-- |
| 213 | (1) An Internet service provider does not violate ss. |
| 214 | 501.165-501.171 solely as a result of serving as an intermediary |
| 215 | for the transmission of electronic messages between members of |
| 216 | an online dating service provider. |
| 217 | (2) An Internet access service or other Internet service |
| 218 | provider shall not be considered an online dating service |
| 219 | provider within the meaning of ss. 501.165-501.171 as to any |
| 220 | online dating service website provided by another person or |
| 221 | entity. |
| 222 | (3) A provider that has fewer than 1,000 members is exempt |
| 223 | from the requirements of ss. 501.165-501.171. |
| 224 | Section 7. If any provision of this act or the application |
| 225 | thereof to any person or circumstance is held invalid, the |
| 226 | invalidity does not affect other provisions or applications of |
| 227 | this act that can be given effect without the invalid provision |
| 228 | or application, and to this end the provisions of this act are |
| 229 | declared to be severable. |
| 230 | Section 8. The Division of Statutory Revision is requested |
| 231 | to include the provisions of this act in part I of chapter 501, |
| 232 | Florida Statutes. |
| 233 | Section 9. This act shall take effect July 1, 2005. |