Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1224
Barcode 540190
CHAMBER ACTION
Senate House
.
.
1 Comm: RE .
04/23/2007 06:11 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Criminal Justice (Crist) recommended the
12 following amendment to amendment (783068):
13
14 Senate Amendment (with title amendment)
15 On page 1, line 18, through
16 page 8, line 11, delete those lines
17
18 and insert:
19 Section 1. Section 501.165, Florida Statutes, is
20 created to read:
21 501.165 Internet Predator Awareness Act; legislative
22 findings.--
23 (1)SHORT TITLE.--This section may be cited as the
24 "Internet Predator Awareness Act."
25 (2)LEGISLATIVE FINDINGS.--
26 (a) The Legislature has received public testimony that
27 criminals and sex offenders use online dating services to prey
28 upon the residents of this state.
29 (b) The Legislature finds that residents of this state
30 need to be informed when viewing websites of online dating
31 services as to potential risks to personal safety associated
1
10:54 AM 04/23/07 s1224c-cj12-t02
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1224
Barcode 540190
1 with online dating. Also, requiring disclosures in the form of
2 guidelines for safer dating and informing residents as to
3 whether a criminal background screening has been conducted on
4 members of an online dating service fulfills a compelling
5 state interest to increase public awareness of the possible
6 risks associated with Internet dating activities.
7 (c) The Legislature finds that the acts of
8 transmitting over the Internet electronic dating information
9 addressed to residents of this state and accepting membership
10 fees from residents of this state for Internet dating services
11 establishes that an online dating service provider is
12 operating, conducting, engaging in, and otherwise carrying on
13 a business in this state and subjects such online dating
14 service provider to regulation by this state and to the
15 jurisdiction of this state's courts.
16 (3) DEFINITIONS.--As used in this section, the term:
17 (a) "Communicate," "communicating," or "communication"
18 means free-form text authored by a member or real-time voice
19 communication through an online dating service provider.
20 (b) "Convicted" or "conviction" or "convictions" has
21 the same meaning as provided in s. 943.0435(1)(b). However, if
22 an offense was committed in another jurisdiction, these terms
23 have the same meaning as provided in that jurisdiction's
24 equivalent statute.
25 (c) "Criminal background screening" means, at a
26 minimum, a search for a person's felony, misdemeanor, and
27 sexual offense convictions initiated by an online dating
28 service provider and conducted by one of the following means:
29 1. By searching available and regularly updated
30 government public record databases for felony, misdemeanor,
31 and sexual offense convictions if such databases, in the
2
10:54 AM 04/23/07 s1224c-cj12-t02
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1224
Barcode 540190
1 aggregate, provide substantial national coverage for such
2 felonies, misdemeanors, and sexual offense convictions; or
3 2. By searching a database maintained by a private
4 vendor that is regularly updated and maintained in the United
5 States with substantial national coverage of such felonies,
6 misdemeanors, and sexual offense convictions.
7 (d) "Department" means the Department of Agriculture
8 and Consumer Services.
9 (e) "Felony" has the same meaning as provided in s.
10 775.08. However, if an offense was committed in another
11 jurisdiction, the term has the same meaning as provided in
12 that jurisdiction's equivalent statute.
13 (f) "Florida member" means a member as defined in this
14 section who provides a billing address located in Florida with
15 zip code and other required billing information when
16 registering with the provider.
17 (g) "Member" means a person who submits to an online
18 dating service provider the information required by the
19 provider to access the provider's service for the purpose of
20 engaging in dating, participating in compatibility evaluations
21 with other persons, or obtaining matrimonial matching
22 services.
23 (h) "Misdemeanor" has the same meaning as provided in
24 s. 775.08. However, if an offense was committed in another
25 jurisdiction, the term has the same meaning as provided in
26 that jurisdiction's equivalent statute.
27 (i) "Online dating service provider" or "provider"
28 means a person engaged in the business of offering or
29 providing to its members access to dating, compatibility
30 evaluations between persons, or matrimonial matching services
31 through the Internet.
3
10:54 AM 04/23/07 s1224c-cj12-t02
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1224
Barcode 540190
1 (j) "Sexual offense conviction" means a conviction for
2 an offense that would qualify the offender for registration as
3 a sexual offender under s. 943.0435. However, if an offense
4 was committed in another jurisdiction, the term has the same
5 meaning as provided in that jurisdiction's equivalent statute.
6 (4) PROVIDER SAFETY AWARENESS DISCLOSURES.--
7 (a) An online dating service provider offering
8 services to members in Florida shall provide a
9 safety-awareness notification containing, at a minimum,
10 information that includes a list and description of safety
11 measures reasonably designed to increase awareness of safer
12 dating practices as determined by the provider. Examples of
13 such notifications include:
14 1. "Anyone who is able to commit identity theft can
15 also falsify a dating profile."
16 2. "There is no substitute for acting with caution
17 when communicating with a stranger who wants to meet you."
18 3. "Never include your last name, e-mail address, home
19 address, phone number, place of work, or any other identifying
20 information in your online profile or initial e-mail messages.
21 Stop communicating with anyone who pressures you for personal
22 or financial information or attempts in any way to trick you
23 into revealing it."
24 4. "If you choose to have a face-to-face meeting with
25 another member, always tell a family member or a friend where
26 you are going and when you will return. Never agree to be
27 picked up at your home. Always provide your own transportation
28 to and from your date and meet in a public place at a time
29 with many people around."
30 (b) If an online dating service provider does not
31 conduct criminal background screenings on its communicating
4
10:54 AM 04/23/07 s1224c-cj12-t02
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1224
Barcode 540190
1 members, the provider shall disclose, clearly and
2 conspicuously, to all Florida members that the online dating
3 service provider does not conduct criminal background
4 screenings. The disclosure shall be provided, at a minimum, as
5 a hyperlink titled "Safety Tips" from the profile pages
6 describing a member to a Florida member and within the
7 provider's terms and conditions contained on the website pages
8 used when a member registers as a Florida member or changes
9 their registration to become a Florida member, and on the
10 confirmation e-mail sent when a Florida member completes
11 registration or a change of registration.
12 (c) If an online dating service provider conducts
13 criminal background screenings on all of its communicating
14 members, the provider shall disclose, clearly and
15 conspicuously, to all Florida members that the online dating
16 service provider conducts a criminal background screening on
17 each member prior to permitting a Florida member to
18 communicate with another member. Additionally, the provider
19 shall disclose, clearly and conspicuously, to all Florida
20 members whether a member who has been identified as having a
21 felony, misdemeanor, or sexual offense conviction is allowed
22 to communicate with any Florida member. The provider shall
23 also disclose, clearly and conspicuously, that background
24 screenings of applicants can be fallible and there is no way
25 to guarantee that the name provided by a person to be used in
26 a background screening is the person's true identity; and that
27 not all criminal records are publicly available; and that the
28 screenings may not identify every member who has a felony,
29 misdemeanor, or sexual offense conviction and members should
30 participate in the service at their own risk, using caution
31 when communicating with other members. The disclosures under
5
10:54 AM 04/23/07 s1224c-cj12-t02
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1224
Barcode 540190
1 this subsection shall be provided, at a minimum, as a
2 hyperlink titled "Safety Tips" from the profile pages
3 describing a member to a Florida member and within the
4 provider's terms and conditions contained on the website pages
5 used when a member registers as a Florida member or changes
6 his or her registration to become a Florida member, and on the
7 confirmation e-mail sent when a Florida member completes
8 registration or a change of registration.
9 (d) To address any concerns that the criminal
10 background screenings used by a provider may create a false
11 sense of security, and to allow Florida members to better
12 evaluate and compare the extent and scope of any criminal
13 background screenings conducted by a provider, the disclosures
14 under paragraph (c) shall be immediately followed by a clear
15 and conspicuous hyperlink labeled "Details about our Criminal
16 Background Screenings." This hyperlink shall provide Florida
17 members with access to a web page containing a supplemental
18 disclosure that includes, at a minimum, the name of any
19 private vendor used by the provider for conducting criminal
20 background screenings of felony, misdemeanor, and sexual
21 offense convictions, the frequency with which the database of
22 felony, misdemeanor, and sexual offense criminal convictions
23 used by the provider or private vendor is updated, a listing
24 of each state that is included and excluded, along with any
25 limitations or restrictions on access to the felony,
26 misdemeanor, and sexual offense criminal conviction data
27 available from a state, and whether, in addition to felonies,
28 misdemeanors, and sexual offenses, any other types or
29 categories of criminal convictions are included for each state
30 in the database used by the provider or private vendor.
31 (5) CLEARINGHOUSE.--The department shall serve as the
6
10:54 AM 04/23/07 s1224c-cj12-t02
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1224
Barcode 540190
1 clearinghouse for intake of information concerning this
2 section from consumers, residents, and victims. The consumer
3 hotline may be used for this purpose. Information obtained
4 shall be directed to the appropriate enforcement entity, as
5 determined by the department.
6 (6) CIVIL PENALTIES.--
7 (a) An online dating service provider that registers
8 Florida members must comply with all provisions of this
9 section.
10 (b) Acts, conduct, practices, omissions, failings,
11 misrepresentations, or nondisclosures committed in violation
12 of this section constitute deceptive and unfair trade
13 practices under part II of this chapter and the department,
14 the Department of Legal Affairs, or the state attorney may
15 institute a civil action in a court of competent jurisdiction
16 to recover any penalties, damages, or injunctive relief to
17 enforce compliance with this section. Each failure to provide
18 a required disclosure constitutes a separate violation.
19 (c) The court may impose a civil penalty of up to
20 $1,000 per violation, with an aggregate total not to exceed
21 $25,000 for any 24-hour period, against any online dating
22 service provider that violates any requirement of this
23 section. A lawsuit may be brought by an enforcing authority as
24 defined in s. 501.203 or the department if the department,
25 while acting as the clearinghouse, does not refer the matter
26 to the Department of Legal Affairs or the state attorney. Any
27 penalties collected shall accrue to the enforcing authority or
28 the department's Division of Consumer Services for further
29 consumer enforcement efforts. A private cause of action is not
30 created under this section.
31 (7) EXCLUSIONS.--
7
10:54 AM 04/23/07 s1224c-cj12-t02
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1224
Barcode 540190
1 (a) An Internet access service or other Internet
2 service provider does not violate this section solely as a
3 result of serving as an intermediary for the transmission of
4 communications between members of an online dating service
5 provider.
6 (b) An Internet access service or other Internet
7 service provider is not an online dating service provider
8 within the meaning of this section as to any online dating
9 service website provided by another person or entity that is
10 not affiliated with the Internet access service or Internet
11 service provider. "Affiliate" or "affiliated" has the same
12 meaning as provided in s. 607.0901.
13 (c) This section does not create a cause of action
14 against an Internet access service, an Internet service
15 provider, or a telecommunications provider whose equipment or
16 network is used to transport or handle the transmission of a
17 communication by any person.
18 Section 2. The Division of Statutory Revision is
19 directed to include the provisions of this section in part I
20 of chapter 501, Florida Statutes.
21 Section 3. If any provision of this act or its
22 application to any individual or circumstance is held invalid,
23 such invalidity does not affect other provisions or
24 applications of which act that can be given effect without the
25 invalid provision or application, and to this end the
26 provisions of this act are severable.
27 Section 4. This act shall take effect July 1, 2007.
28
29
30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
8
10:54 AM 04/23/07 s1224c-cj12-t02
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1224
Barcode 540190
1 On page 8, lines 19-29, delete those lines
2
3 and insert:
4 A bill to be entitled
5 An act relating to Internet predators; creating
6 s. 501.165, F.S.; providing a short title;
7 providing legislative findings; providing
8 definition; requiring certain disclosures by
9 online dating services; providing a
10 clearinghouse for consumers; providing civil
11 penalties for noncompliance; providing
12 exclusions; providing a directive to the
13 Division of Statutory Revision; providing for
14 severability; providing an effective date.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
9
10:54 AM 04/23/07 s1224c-cj12-t02