1 | The Agriculture Committee recommends the following: |
2 |
|
3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to on-line dating services; creating ss. |
7 | 501.165-501.171, F.S., the "Florida Internet Dating Safety |
8 | Awareness Act"; providing legislative findings; defining |
9 | terms; requiring certain disclosures by on-line dating |
10 | services; providing a clearinghouse for consumers; |
11 | providing civil penalties; providing exclusions; providing |
12 | a directive to the Division of Statutory Revision; |
13 | providing severability; providing an effective date. |
14 |
|
15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
|
17 | Section 1. Section 501.165, Florida Statutes, is created |
18 | to read: |
19 | 501.165 Florida Internet Dating Safety Awareness Act; |
20 | legislative findings.-- |
21 | (1) Sections 501.165-501.171 may be cited as the "Florida |
22 | Internet Dating Safety Awareness Act." |
23 | (2)(a) The Legislature has received public testimony that |
24 | criminals and sex offenders use on-line dating services to prey |
25 | upon the citizens of this state. |
26 | (b) The Legislature finds that residents of this state |
27 | need to be informed when viewing websites of on-line dating |
28 | services as to potential risks to personal safety associated |
29 | with on-line dating. Also, requiring disclosures in the form of |
30 | guidelines for safer dating and informing residents as to |
31 | whether a criminal background screening has been conducted on |
32 | members of an on-line dating service fulfills a compelling state |
33 | interest to increase public awareness of the possible risks |
34 | associated with Internet dating activities. |
35 | (c) The Legislature finds that the act of transmitting |
36 | electronic dating information over the Internet addressed to |
37 | residents of the state, and the act of accepting membership fees |
38 | from residents of the state, means that an on-line dating |
39 | service is operating, conducting, engaging in, and otherwise |
40 | carrying on a business in the state subjecting such on-line |
41 | dating service providers to regulation by the state and to the |
42 | jurisdiction of the state's courts. |
43 | Section 2. Section 501.166, Florida Statutes, is created |
44 | to read: |
45 | 501.166 Definitions.--As used in ss. 501.165-501.171: |
46 | (1) "Communicate" or "communicating" means free-form text |
47 | authored by a member or real-time voice communication through an |
48 | on-line dating service provider. |
49 | (2) "Criminal background screening" means a search for a |
50 | person's felony and sexual offense convictions initiated by an |
51 | on-line dating service provider and conducted by one of the |
52 | following means: |
53 | (a) By searching available and regularly updated |
54 | government public record databases for felony and sexual offense |
55 | convictions so long as such databases, in the aggregate, provide |
56 | substantial national coverage; or |
57 | (b) By searching a database maintained by a private vendor |
58 | that is regularly updated and is maintained in the United States |
59 | with substantial national coverage of criminal history records |
60 | and sexual offender registries. |
61 | (3) "Department" means the Department of Agriculture and |
62 | Consumer Services. |
63 | (4) "Florida member" means a member as defined in |
64 | subsection (5) who provides a Florida billing address or zip |
65 | code when registering with the provider. |
66 | (5) "Member" means a person who submits to an on-line |
67 | dating service provider the information required by the provider |
68 | to access the provider's service for the purpose of engaging in |
69 | dating and participating in compatibility evaluations with other |
70 | persons or obtaining matrimonial matching services. |
71 | (6) "On-line dating service provider" or "provider" means |
72 | a person engaged in the business of offering or providing to its |
73 | members access to dating and compatibility evaluations between |
74 | persons or matrimonial matching services through the Internet. |
75 | (7) "Sexual offense conviction" means a conviction for an |
76 | offense that would qualify the offender for registration as a |
77 | sexual offender pursuant to s. 943.0435 or under another |
78 | jurisdiction's equivalent statute. |
79 | Section 3. Section 501.167, Florida Statutes, is created |
80 | to read: |
81 | 501.167 Provider safety awareness disclosures.--An on-line |
82 | dating service provider offering services to Florida members |
83 | shall: |
84 | (1) Provide a safety awareness notification with, at a |
85 | minimum, information that includes a list and description of |
86 | safety measures reasonably designed to increase awareness of |
87 | safer dating practices as determined by the provider. Examples |
88 | of such notifications include: |
89 | (a) "Anyone who is able to commit identity theft can also |
90 | falsify a dating profile." |
91 | (b) "There is no substitute for acting with caution when |
92 | communicating with any stranger who wants to meet you." |
93 | (c) "Never include your last name, e-mail address, home |
94 | address, phone number, place of work, or any other identifying |
95 | information in your on-line profile or initial e-mail messages. |
96 | Stop communicating with anyone who pressures you for personal or |
97 | financial information or attempts in any way to trick you into |
98 | revealing it." |
99 | (d) "If you choose to have a face-to-face meeting with |
100 | another member, always tell someone in your family or a friend |
101 | where you are going and when you will return. Never agree to be |
102 | picked up at your home. Always provide your own transportation |
103 | to and from your date and meet in a public place at a time with |
104 | many people around." |
105 | (2) If an on-line dating service provider does not conduct |
106 | criminal background screenings on its members, the provider |
107 | shall disclose, clearly and conspicuously, to all Florida |
108 | members that the on-line dating service provider does not |
109 | conduct criminal background screenings. The disclosure shall be |
110 | provided when an electronic mail message is sent or received by |
111 | a Florida member, on the profile describing a member to a |
112 | Florida member, and on the provider's website pages used when a |
113 | Florida member signs up. A disclosure under this subsection |
114 | shall be in bold, capital letters in at least 12-point type. |
115 | (3) If an on-line dating service provider conducts |
116 | criminal background screenings on all of its communicating |
117 | members, then the provider shall disclose, clearly and |
118 | conspicuously, to all Florida members that the on-line dating |
119 | service provider conducts a criminal background screening on |
120 | each member prior to permitting a Florida member to communicate |
121 | with another member. The disclosure shall be provided on the |
122 | provider's website pages used when a Florida member signs up. A |
123 | disclosure under this subsection shall be in bold, capital |
124 | letters in at least 12-point type. |
125 | (4) If an on-line dating service provider conducts |
126 | criminal background screenings, the provider shall disclose that |
127 | background screenings of applicants are not perfect and there is |
128 | no way to guarantee that the name provided by a person to be |
129 | used in a background screening is the person's true identity. |
130 | Also, not all criminal records are publicly available. |
131 | Therefore, the screenings may not identify every member who has |
132 | a felony or sexual offense conviction and members should |
133 | participate in the service at their own risk and use caution |
134 | when communicating with other members. Additionally, the |
135 | provider shall disclose whether it has a policy allowing a |
136 | member who has been identified as having a felony or sexual |
137 | offense conviction to have access to its service to communicate |
138 | with any Florida member. |
139 | Section 4. Section 501.168, Florida Statutes, is created |
140 | to read: |
141 | 501.168 Clearinghouse.--The department shall serve as the |
142 | clearinghouse for intake of information concerning ss. |
143 | 501.165-501.171, the Florida Internet Dating Safety Awareness |
144 | Act, from consumers, residents, and victims. The consumer |
145 | hotline may be used for this purpose. Information obtained shall |
146 | be directed to the appropriate enforcement entity, as determined |
147 | by the department. |
148 | Section 5. Section 501.169, Florida Statutes, is created |
149 | to read: |
150 | 501.169 Civil penalties.-- |
151 | (1) An on-line dating service provider that registers |
152 | Florida members must comply with the provisions of ss. |
153 | 501.165-501.171. |
154 | (2) Failure to comply with the disclosure requirements of |
155 | ss. 501.165-501.171 shall constitute a deceptive and unfair |
156 | trade practice under part II. Each failure to provide a required |
157 | disclosure constitutes a separate violation. |
158 | (3) In addition to the remedy provided in subsection (2), |
159 | the court may impose a civil penalty of up to $1,000 per |
160 | violation, with an aggregate total not to exceed $25,000 for any |
161 | 24-hour period, against any on-line dating service provider that |
162 | violates any requirement of ss. 501.165-501.171. Suit may be |
163 | brought by an enforcing authority, as defined in s. 501.203. Any |
164 | penalties collected shall accrue to the enforcing authority or |
165 | the department's Division of Consumer Services to further |
166 | consumer enforcement efforts. |
167 | Section 6. Section 501.171, Florida Statutes, is created |
168 | to read: |
169 | 501.171 Exclusions.-- |
170 | (1) An Internet access service or other Internet service |
171 | provider does not violate ss. 501.165-501.171 solely as a result |
172 | of serving as an intermediary for the transmission of electronic |
173 | messages between members of an on-line dating service provider. |
174 | (2) An Internet access service or other Internet service |
175 | provider shall not be considered an on-line dating service |
176 | provider within the meaning of ss. 501.165-501.171 as to any on- |
177 | line dating service website provided by another person or |
178 | entity. |
179 | Section 7. The Division of Statutory Revision is directed |
180 | to include the provisions of sections 501.165-501.171, Florida |
181 | Statutes, in part I of chapter 501, Florida Statutes. |
182 | Section 8. If any provision of this act or the application |
183 | thereof to any person or circumstance is held invalid, the |
184 | invalidity does not affect other provisions or applications of |
185 | this act that can be given effect without the invalid provision |
186 | or application, and to this end the provisions of this act are |
187 | declared severable. |
188 | Section 9. This act shall take effect July 1, 2006. |