Senate Bill sb1224

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    Florida Senate - 2007                                  SB 1224

    By Senator Ring





    32-871-07                                               See HB

  1                      A bill to be entitled

  2         An act relating to online dating services;

  3         creating ss. 501.165-501.171, F.S., the

  4         "Internet Predator Awareness Act"; providing

  5         legislative findings; defining terms; requiring

  6         certain disclosures by online dating services;

  7         providing a clearinghouse for consumers;

  8         providing civil penalties; providing

  9         exclusions; providing a directive to the

10         Division of Statutory Revision; providing

11         severability; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 501.165, Florida Statutes, is

16  created to read:

17         501.165  Internet Predator Awareness Act; legislative

18  findings.--

19         (1)  Sections 501.165-501.171 may be cited as the

20  "Internet Predator Awareness Act."

21         (2)(a)  The Legislature has received public testimony

22  that criminals and sex offenders use online dating services to

23  prey upon the residents of this state.

24         (b)  The Legislature finds that residents of this state

25  need to be informed when viewing websites of online dating

26  services as to potential risks to personal safety associated

27  with online dating. Also, requiring disclosures in the form of

28  guidelines for safer dating and informing residents as to

29  whether a criminal background screening has been conducted on

30  members of an online dating service fulfills a compelling

31  

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    Florida Senate - 2007                                  SB 1224
    32-871-07                                               See HB




 1  state interest to increase public awareness of the possible

 2  risks associated with Internet dating activities.

 3         (c)  The Legislature finds that the acts of

 4  transmitting over the Internet electronic dating information

 5  addressed to residents of the state or accepting membership

 6  fees from residents of the state show that an online dating

 7  service provider is operating, conducting, engaging in, and

 8  otherwise carrying on a business in the state and subject such

 9  an online dating service provider to regulation by the state

10  and to the jurisdiction of the state's courts.

11         Section 2.  Section 501.166, Florida Statutes, is

12  created to read:

13         501.166  Definitions.--As used in ss. 501.165-501.171:

14         (1)  "Communicate," "communicating," or "communication"

15  means free-form text authored by a member or real-time voice

16  communication through an online dating service provider.

17         (2)  "Criminal background screening" means a search for

18  a person's felony and sexual-offense convictions initiated by

19  an online dating service provider and conducted by one of the

20  following means:

21         (a)  By searching available and regularly updated

22  government public-record databases for felony and

23  sexual-offense convictions so long as such databases, in the

24  aggregate, provide substantial national coverage; or

25         (b)  By searching a database maintained by a private

26  vendor that is regularly updated and is maintained in the

27  United States with substantial national coverage of criminal

28  history records and sexual offender registries.

29         (3)  "Department" means the Department of Agriculture

30  and Consumer Services.

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    Florida Senate - 2007                                  SB 1224
    32-871-07                                               See HB




 1         (4)  "Florida member" means a member as defined in this

 2  section who provides a Florida billing address or zip code

 3  when registering with the provider.

 4         (5)  "Member" means a person who submits to an online

 5  dating service provider the information required by the

 6  provider to access the provider's service for the purpose of

 7  engaging in dating and participating in compatibility

 8  evaluations with other persons or obtaining matrimonial

 9  matching services.

10         (6)  "Online dating service provider" or "provider"

11  means a person engaged in the business of offering or

12  providing to its members access to dating and compatibility

13  evaluations between persons or matrimonial matching services

14  through the Internet.

15         (7)  "Sexual-offense conviction" means a conviction for

16  an offense that would qualify the offender for registration as

17  a sexual offender under s. 943.0435 or under another

18  jurisdiction's equivalent statute.

19         Section 3.  Section 501.167, Florida Statutes, is

20  created to read:

21         501.167  Provider safety awareness disclosures.--An

22  online dating service provider offering services to Florida

23  members shall:

24         (1)  Provide a safety awareness notification with, at a

25  minimum, information that includes a list and description of

26  safety measures reasonably designed to increase awareness of

27  safer dating practices as determined by the provider. Examples

28  of such notifications include:

29         (a)  "Anyone who is able to commit identity theft can

30  also falsify a dating profile."

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    Florida Senate - 2007                                  SB 1224
    32-871-07                                               See HB




 1         (b)  "There is no substitute for acting with caution

 2  when communicating with a stranger who wants to meet you."

 3         (c)  "Never include your last name, e-mail address,

 4  home address, phone number, place of work, or any other

 5  identifying information in your online profile or initial

 6  e-mail messages. Stop communicating with anyone who pressures

 7  you for personal or financial information or attempts in any

 8  way to trick you into revealing it."

 9         (d)  "If you choose to have a face-to-face meeting with

10  another member, always tell a family member or a friend where

11  you are going and when you will return. Never agree to be

12  picked up at your home. Always provide your own transportation

13  to and from your date and meet in a public place at a time

14  with many people around."

15         (2)  If an online dating service provider does not

16  conduct criminal background screenings on its members, the

17  provider shall disclose, clearly and conspicuously, to all

18  Florida members that the online dating service provider does

19  not conduct criminal background screenings. The disclosure

20  shall be provided when an e-mail or other text message is sent

21  or received by a Florida member, on the profile describing a

22  member to a Florida member, and on the provider's website

23  pages used when a Florida member signs up. A disclosure under

24  this subsection shall be in bold, capital letters in at least

25  12-point type.

26         (3)  If an online dating service provider conducts

27  criminal background screenings on all of its communicating

28  members, the provider shall disclose, clearly and

29  conspicuously, to all Florida members that the online dating

30  service provider conducts a criminal background screening on

31  each member prior to permitting a Florida member to

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    Florida Senate - 2007                                  SB 1224
    32-871-07                                               See HB




 1  communicate with another member. The disclosure shall be

 2  provided on the provider's website pages used when a Florida

 3  member signs up. A disclosure under this subsection shall be

 4  in bold, capital letters in at least 12-point type.

 5         (4)  If an online dating service provider conducts

 6  criminal background screenings, the provider shall disclose

 7  that background screenings of applicants are not perfect and

 8  there is no way to guarantee that the name provided by a

 9  person to be used in a background screening is the person's

10  true identity. Also, not all criminal records are publicly

11  available. Therefore, the screenings may not identify every

12  member who has a felony or sexual-offense conviction and

13  members should participate in the service at their own risk

14  and use caution when communicating with other members.

15  Additionally, the provider shall disclose whether it has a

16  policy allowing a member who has been identified as having a

17  felony or sexual-offense conviction to have access to its

18  service to communicate with any Florida member.

19         Section 4.  Section 501.168, Florida Statutes, is

20  created to read:

21         501.168  Clearinghouse.--The department shall serve as

22  the clearinghouse for intake of information concerning ss.

23  501.165-501.171 from consumers, residents, and victims. The

24  consumer hotline may be used for this purpose. Information

25  obtained shall be directed to the appropriate enforcement

26  entity, as determined by the department.

27         Section 5.  Section 501.169, Florida Statutes, is

28  created to read:

29         501.169  Civil penalties.--

30  

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    Florida Senate - 2007                                  SB 1224
    32-871-07                                               See HB




 1         (1)  An online dating service provider that registers

 2  Florida members must comply with the provisions of ss.

 3  501.165-501.171.

 4         (2)  Failure to comply with the disclosure requirements

 5  of ss. 501.165-501.171 shall constitute a deceptive and unfair

 6  trade practice under part II. Each failure to provide a

 7  required disclosure constitutes a separate violation.

 8         (3)  In addition to the remedy provided in subsection

 9  (2), the court may impose a civil penalty of up to $1,000 per

10  violation, with an aggregate total not to exceed $25,000 for

11  any 24-hour period, against any online dating service provider

12  that violates any requirement of ss. 501.165-501.171. Suit may

13  be brought by an enforcing authority as defined in s. 501.203.

14  Any penalties collected shall accrue to the enforcing

15  authority or the department's Division of Consumer Services to

16  further consumer enforcement efforts.

17         Section 6.  Section 501.171, Florida Statutes, is

18  created to read:

19         501.171  Exclusions.--

20         (1)  An Internet access service or other Internet

21  service provider does not violate ss. 501.165-501.171 solely

22  as a result of serving as an intermediary for the transmission

23  of a communication between members of an online dating service

24  provider.

25         (2)  An Internet access service or other Internet

26  service provider shall not be considered an online dating

27  service provider within the meaning of ss. 501.165-501.171 as

28  to any online dating service website provided by another

29  person or entity.

30         Section 7.  The Division of Statutory Revision is

31  directed to include the provisions of sections

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    Florida Senate - 2007                                  SB 1224
    32-871-07                                               See HB




 1  501.165-501.171, Florida Statutes, in part I of chapter 501,

 2  Florida Statutes.

 3         Section 8.  If any provision of this act or the

 4  application thereof to any person or circumstance is held

 5  invalid, the invalidity does not affect other provisions or

 6  applications of this act that can be given effect without the

 7  invalid provision or application, and to this end the

 8  provisions of this act are declared severable.

 9         Section 9.  This act shall take effect July 1, 2007.

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