Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1224
                        Barcode 783068
                            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:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 501.165, Florida Statutes, is
19  created to read:
20         501.165  Internet Predator Awareness Act; legislative
21  findings.--
22         (1)  Sections 501.165-501.171 may be cited as the
23  "Internet Predator Awareness Act."
24         (2)(a)  The Legislature has received public testimony
25  that criminals and sex offenders use online dating services to
26  prey upon the citizens of this state.
27         (b)  The Legislature finds that residents of this state
28  need to be informed when viewing websites of online dating
29  services as to potential risks to personal safety associated
30  with online dating. Also, requiring disclosures in the form of
31  guidelines for safer dating and informing residents as to
                                  1
    8:48 AM   04/12/07                             s1224d-cj12-tcj

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1224 Barcode 783068 1 whether a criminal background screening has been conducted on 2 members of an online dating service fulfills a compelling 3 state interest to increase public awareness of the possible 4 risks associated with Internet dating activities. 5 (c) The Legislature finds that the acts of 6 transmitting over the Internet electronic dating information 7 addressed to residents of the state and accepting membership 8 fees from residents of the state for Internet dating services 9 establishes that an online dating service provider is 10 operating, conducting, engaging in, and otherwise carrying on 11 a business in the state and subjects such an online dating 12 service provider to regulation by the state and to the 13 jurisdiction of the state's courts. 14 Section 2. Section 501.166, Florida Statutes, is 15 created to read: 16 501.166 Definitions.--As used in ss. 501.165-501.171: 17 (1) "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 (2) "Convicted," "conviction," and "convictions" shall 21 have the same meaning as provided in s. 943.0435(1)(b) or, if 22 an offense was committed in another jurisdiction, these terms 23 shall have the same meaning as provided under that 24 jurisdiction's equivalent statute. 25 (3) "Criminal background screening" means, at a 26 minimum, a search for a person's felony and sexual offense 27 convictions initiated by an online dating service provider and 28 conducted by one of the following means: 29 (a) By searching available and regularly updated 30 government public record databases for felony and sexual 31 offense convictions so long as such databases, in the 2 8:48 AM 04/12/07 s1224d-cj12-tcj
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1224 Barcode 783068 1 aggregate, provide substantial national coverage of such 2 felonies and sexual offense convictions; or 3 (b) By searching a database maintained by a private 4 vendor that is regularly updated and is maintained in the 5 United States with substantial national coverage of such 6 felonies and sexual offense convocations. 7 (4) "Department" means the Department of Agriculture 8 and Consumer Services. 9 (5) "Felony" shall have the same meaning as provided 10 in s. 775.08 or, if an offense was committed in another 11 jurisdiction, the term shall have the same meaning as provided 12 under that jurisdiction's equivalent statute. 13 (6) "Florida member" means a member as defined in this 14 section who provides a Florida billing address with zip code 15 and other required billing information when registering with 16 the provider. 17 (7) "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 or participating in compatibility 21 evaluations with other persons or obtaining matrimonial 22 matching services. 23 (8) "Online dating service provider" or "provider" 24 means a person engaged in the business of offering or 25 providing to its members access to dating or compatibility 26 evaluations between persons or matrimonial matching services 27 through the Internet. 28 (9) "Sexual offense conviction" means a conviction for 29 an offense that would qualify the offender for registration as 30 a sexual offender under s. 943.0435 or, if an offense was 31 committed in another jurisdiction, the term shall have the 3 8:48 AM 04/12/07 s1224d-cj12-tcj
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1224 Barcode 783068 1 same meaning as provided under that jurisdiction's equivalent 2 statute. 3 Section 3. Section 501.167, Florida Statutes, is 4 created to read: 5 501.167 Provider safety awareness disclosures.--An 6 online dating service provider offering services to Florida 7 members shall: 8 (1) Provide a safety awareness notification with, at a 9 minimum, information that includes a list and description of 10 safety measures reasonably designed to increase awareness of 11 safer dating practices as determined by the provider. Examples 12 of such notifications include: 13 (a) "Anyone who is able to commit identity theft can 14 also falsify a dating profile." 15 (b) "There is no substitute for acting with caution 16 when communicating with a stranger who wants to meet you." 17 (c) "Never include your last name, e-mail address, 18 home address, phone number, place of work, or any other 19 identifying information in your online profile or initial 20 e-mail messages. Stop communicating with anyone who pressures 21 you for personal or financial information or attempts in any 22 way to trick you into revealing it." 23 (d) "If you choose to have a face-to-face meeting with 24 another member, always tell a family member or a friend where 25 you are going and when you will return. Never agree to be 26 picked up at your home. Always provide your own transportation 27 to and from your date and meet in a public place at a time 28 with many people around." 29 (2) If an online dating service provider does not 30 conduct criminal background screenings on its communicating 31 members, the provider shall disclose, clearly and 4 8:48 AM 04/12/07 s1224d-cj12-tcj
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1224 Barcode 783068 1 conspicuously, to all Florida members that the online dating 2 service provider does not conduct criminal background 3 screenings. The disclosure shall be provided, at a minimum, on 4 the profile pages describing a member to a Florida member and 5 on the provider's website pages used when a Florida member 6 signs up. A disclosure under this subsection shall be in bold, 7 capital letters in at least 12-point type. 8 (3) If an online dating service provider conducts 9 criminal background screenings on all of its communicating 10 members, the provider shall disclose, clearly and 11 conspicuously, to all Florida members that the online dating 12 service provider conducts a criminal background screening on 13 each member prior to permitting a Florida member to 14 communicate with another member. Additionally, the provider 15 shall disclose to all Florida members whether a member who has 16 been identified as having a felony or sexual offense 17 conviction is allowed to communicate with any Florida member. 18 The disclosure shall be provided on the profile pages 19 describing a member to a Florida member and on the provider's 20 website pages used when a Florida member signs up. A 21 disclosure under this subsection shall be in bold, capital 22 letters in at least 12-point type. 23 (4)(a) If an online dating service provider conducts 24 criminal background screenings, the provider shall also 25 disclose, clearly and conspicuously, that background 26 screenings of applicants can be fallible and there is no way 27 to guarantee that the name provided by a person to be used in 28 a background screening is the person's true identity. Also, 29 not all criminal records are publicly available. The 30 screenings may not identify every member who has a felony or 31 sexual offense conviction and members should participate in 5 8:48 AM 04/12/07 s1224d-cj12-tcj
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1224 Barcode 783068 1 the service at their own risk and use caution when 2 communicating with other members. 3 (b) To enable Florida members to better evaluate and 4 compare the extent and scope of the background screenings, an 5 electronic link shall be provided to a web page that, at a 6 minimum, clearly describes the name of the vendor conducting 7 the background screening, the frequency with which the vendor 8 updates its database of criminal convictions, a list of states 9 covered, and any limitations or restrictions on access to a 10 state's criminal conviction data. 11 Section 4. Section 501.168, Florida Statutes, is 12 created to read: 13 501.168 Clearinghouse.--The department shall serve as 14 the clearinghouse for intake of information concerning ss. 15 501.165-501.171 from consumers, residents, and victims. The 16 consumer hotline may be used for this purpose. Information 17 obtained shall be directed to the appropriate enforcement 18 entity, as determined by the department. 19 Section 5. Section 501.169, Florida Statutes, is 20 created to read: 21 501.169 Civil penalties.-- 22 (1) An online dating service provider that registers 23 Florida members must comply with the provisions of ss. 24 501.165-501.171. 25 (2) Acts, conduct, practices, omissions, failings, 26 misrepresentations, or nondisclosures committed in violation 27 of ss. 501.165-501.171 are deceptive and unfair trade 28 practices under part II of this chapter and the department, 29 the Department of Legal Affairs, or the state attorney may 30 institute a civil action in a court of competent jurisdiction 31 to recover any penalties, damages, and injunctive relief to 6 8:48 AM 04/12/07 s1224d-cj12-tcj
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1224 Barcode 783068 1 enforce compliance with ss. 501.165-501.171. Each failure to 2 provide a required disclosure constitutes a separate 3 violation. 4 (3) The court may impose a civil penalty of up to 5 $1,000 per violation, with an aggregate total not to exceed 6 $25,000 for any 24-hour period, against any online dating 7 service provider that violates any requirement of ss. 8 501.165-501.171. Suit may be brought by an enforcing authority 9 as defined in s. 501.203 or the department if the department, 10 while acting as the clearinghouse, does not refer the matter 11 to the Department of Legal Affairs or the state attorney. Any 12 penalties collected shall accrue to the enforcing authority or 13 the department's Division of Consumer Services to further 14 consumer enforcement efforts. No private cause of action is 15 created under ss. 501.165-501.171. 16 Section 6. Section 501.171, Florida Statutes, is 17 created to read: 18 501.171 Exclusions.-- 19 (1) An Internet access service or other Internet 20 service provider does not violate ss. 501.165-501.171 solely 21 as a result of serving as an intermediary for the transmission 22 of communications between members of an online dating service 23 provider. 24 (2) An Internet access service or other Internet 25 service provider shall not be considered an online dating 26 service provider within the meaning of ss. 501.165-501.171 as 27 to any online dating service website provided by another 28 person or entity that is not an affiliate of the Internet 29 access service or Internet service provider. As used in this 30 subsection, the term "affiliate" shall have the same meaning 31 as provided in s. 607.0901. 7 8:48 AM 04/12/07 s1224d-cj12-tcj
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1224 Barcode 783068 1 Section 7. The Division of Statutory Revision is 2 directed to include the provisions of sections 3 501.165-501.171, Florida Statutes, in part I of chapter 501, 4 Florida Statutes. 5 Section 8. If any provision of this act or the 6 application thereof to any person or circumstance is held 7 invalid, the invalidity does not affect other provisions or 8 applications of this act that can be given effect without the 9 invalid provision or application, and to this end the 10 provisions of this act are declared severable. 11 Section 9. This act shall take effect July 1, 2007. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 Delete everything before the enacting clause 17 18 and insert: 19 A bill to be entitled 20 An act relating to Internet predator awareness; 21 creating ss. 501.165-501.171, F.S., the 22 "Internet Predator Awareness Act"; providing 23 legislative findings; defining terms; requiring 24 certain disclosures by online dating services; 25 providing a clearinghouse for consumers; 26 providing civil penalties; providing 27 exclusions; providing a directive to the 28 Division of Statutory Revision; providing 29 severability; providing an effective date. 30 31 8 8:48 AM 04/12/07 s1224d-cj12-tcj