HB 0511CS

CHAMBER ACTION




1The Agriculture Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to on-line dating services; creating ss.
7501.165-501.171, F.S., the "Florida Internet Dating Safety
8Awareness Act"; providing legislative findings; defining
9terms; requiring certain disclosures by on-line dating
10services; providing a clearinghouse for consumers;
11providing civil penalties; providing exclusions; providing
12a directive to the Division of Statutory Revision;
13providing severability; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 501.165, Florida Statutes, is created
18to read:
19     501.165  Florida Internet Dating Safety Awareness Act;
20legislative findings.--
21     (1)  Sections 501.165-501.171 may be cited as the "Florida
22Internet Dating Safety Awareness Act."
23     (2)(a)  The Legislature has received public testimony that
24criminals and sex offenders use on-line dating services to prey
25upon the citizens of this state.
26     (b)  The Legislature finds that residents of this state
27need to be informed when viewing websites of on-line dating
28services as to potential risks to personal safety associated
29with on-line dating. Also, requiring disclosures in the form of
30guidelines for safer dating and informing residents as to
31whether a criminal background screening has been conducted on
32members of an on-line dating service fulfills a compelling state
33interest to increase public awareness of the possible risks
34associated with Internet dating activities.
35     (c)  The Legislature finds that the act of transmitting
36electronic dating information over the Internet addressed to
37residents of the state, and the act of accepting membership fees
38from residents of the state, means that an on-line dating
39service is operating, conducting, engaging in, and otherwise
40carrying on a business in the state subjecting such on-line
41dating service providers to regulation by the state and to the
42jurisdiction of the state's courts.
43     Section 2.  Section 501.166, Florida Statutes, is created
44to read:
45     501.166  Definitions.--As used in ss. 501.165-501.171:
46     (1)  "Communicate" or "communicating" means free-form text
47authored by a member or real-time voice communication through an
48on-line dating service provider.
49     (2)  "Criminal background screening" means a search for a
50person's felony and sexual offense convictions initiated by an
51on-line dating service provider and conducted by one of the
52following means:
53     (a)  By searching available and regularly updated
54government public record databases for felony and sexual offense
55convictions so long as such databases, in the aggregate, provide
56substantial national coverage; or
57     (b)  By searching a database maintained by a private vendor
58that is regularly updated and is maintained in the United States
59with substantial national coverage of criminal history records
60and sexual offender registries.
61     (3)  "Department" means the Department of Agriculture and
62Consumer Services.
63     (4)  "Florida member" means a member as defined in
64subsection (5) who provides a Florida billing address or zip
65code when registering with the provider.
66     (5)  "Member" means a person who submits to an on-line
67dating service provider the information required by the provider
68to access the provider's service for the purpose of engaging in
69dating and participating in compatibility evaluations with other
70persons or obtaining matrimonial matching services.
71     (6)  "On-line dating service provider" or "provider" means
72a person engaged in the business of offering or providing to its
73members access to dating and compatibility evaluations between
74persons or matrimonial matching services through the Internet.
75     (7)  "Sexual offense conviction" means a conviction for an
76offense that would qualify the offender for registration as a
77sexual offender pursuant to s. 943.0435 or under another
78jurisdiction's equivalent statute.
79     Section 3.  Section 501.167, Florida Statutes, is created
80to read:
81     501.167  Provider safety awareness disclosures.--An on-line
82dating service provider offering services to Florida members
83shall:
84     (1)  Provide a safety awareness notification with, at a
85minimum, information that includes a list and description of
86safety measures reasonably designed to increase awareness of
87safer dating practices as determined by the provider. Examples
88of such notifications include:
89     (a)  "Anyone who is able to commit identity theft can also
90falsify a dating profile."
91     (b)  "There is no substitute for acting with caution when
92communicating with any stranger who wants to meet you."
93     (c)  "Never include your last name, e-mail address, home
94address, phone number, place of work, or any other identifying
95information in your on-line profile or initial e-mail messages.
96Stop communicating with anyone who pressures you for personal or
97financial information or attempts in any way to trick you into
98revealing it."
99     (d)  "If you choose to have a face-to-face meeting with
100another member, always tell someone in your family or a friend
101where you are going and when you will return. Never agree to be
102picked up at your home. Always provide your own transportation
103to and from your date and meet in a public place at a time with
104many people around."
105     (2)  If an on-line dating service provider does not conduct
106criminal background screenings on its members, the provider
107shall disclose, clearly and conspicuously, to all Florida
108members that the on-line dating service provider does not
109conduct criminal background screenings. The disclosure shall be
110provided when an electronic mail message is sent or received by
111a Florida member, on the profile describing a member to a
112Florida member, and on the provider's website pages used when a
113Florida member signs up. A disclosure under this subsection
114shall be in bold, capital letters in at least 12-point type.
115     (3)  If an on-line dating service provider conducts
116criminal background screenings on all of its communicating
117members, then the provider shall disclose, clearly and
118conspicuously, to all Florida members that the on-line dating
119service provider conducts a criminal background screening on
120each member prior to permitting a Florida member to communicate
121with another member. The disclosure shall be provided on the
122provider's website pages used when a Florida member signs up. A
123disclosure under this subsection shall be in bold, capital
124letters in at least 12-point type.
125     (4)  If an on-line dating service provider conducts
126criminal background screenings, the provider shall disclose that
127background screenings of applicants are not perfect and there is
128no way to guarantee that the name provided by a person to be
129used in a background screening is the person's true identity.
130Also, not all criminal records are publicly available.
131Therefore, the screenings may not identify every member who has
132a felony or sexual offense conviction and members should
133participate in the service at their own risk and use caution
134when communicating with other members. Additionally, the
135provider shall disclose whether it has a policy allowing a
136member who has been identified as having a felony or sexual
137offense conviction to have access to its service to communicate
138with any Florida member.
139     Section 4.  Section 501.168, Florida Statutes, is created
140to read:
141     501.168  Clearinghouse.--The department shall serve as the
142clearinghouse for intake of information concerning ss.
143501.165-501.171, the Florida Internet Dating Safety Awareness
144Act, from consumers, residents, and victims. The consumer
145hotline may be used for this purpose. Information obtained shall
146be directed to the appropriate enforcement entity, as determined
147by the department.
148     Section 5.  Section 501.169, Florida Statutes, is created
149to read:
150     501.169  Civil penalties.--
151     (1)  An on-line dating service provider that registers
152Florida members must comply with the provisions of ss.
153501.165-501.171.
154     (2)  Failure to comply with the disclosure requirements of
155ss. 501.165-501.171 shall constitute a deceptive and unfair
156trade practice under part II. Each failure to provide a required
157disclosure constitutes a separate violation.
158     (3)  In addition to the remedy provided in subsection (2),
159the court may impose a civil penalty of up to $1,000 per
160violation, with an aggregate total not to exceed $25,000 for any
16124-hour period, against any on-line dating service provider that
162violates any requirement of ss. 501.165-501.171. Suit may be
163brought by an enforcing authority, as defined in s. 501.203. Any
164penalties collected shall accrue to the enforcing authority or
165the department's Division of Consumer Services to further
166consumer enforcement efforts.
167     Section 6.  Section 501.171, Florida Statutes, is created
168to read:
169     501.171  Exclusions.--
170     (1)  An Internet access service or other Internet service
171provider does not violate ss. 501.165-501.171 solely as a result
172of serving as an intermediary for the transmission of electronic
173messages between members of an on-line dating service provider.
174     (2)  An Internet access service or other Internet service
175provider shall not be considered an on-line dating service
176provider within the meaning of ss. 501.165-501.171 as to any on-
177line dating service website provided by another person or
178entity.
179     Section 7.  The Division of Statutory Revision is directed
180to include the provisions of sections 501.165-501.171, Florida
181Statutes, in part I of chapter 501, Florida Statutes.
182     Section 8.  If any provision of this act or the application
183thereof to any person or circumstance is held invalid, the
184invalidity does not affect other provisions or applications of
185this act that can be given effect without the invalid provision
186or application, and to this end the provisions of this act are
187declared severable.
188     Section 9.  This act shall take effect July 1, 2006.


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