1 | Representative(s) Ambler offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Section 501.165, Florida Statutes, is created |
6 | to read: |
7 | 501.165 Internet Predator Awareness Act; legislative |
8 | findings.-- |
9 | (1) SHORT TITLE.--This section may be cited as the |
10 | "Internet Predator Awareness Act." |
11 | (2) LEGISLATIVE FINDINGS.-- |
12 | (a) The Legislature has received public testimony that |
13 | criminals and sex offenders use online dating services to prey |
14 | upon the residents of this state. |
15 | (b) The Legislature finds that residents of this state |
16 | need to be informed when viewing websites of online dating |
17 | services as to potential risks to personal safety associated |
18 | with online dating. Also, requiring disclosures in the form of |
19 | guidelines for safer dating and informing residents as to |
20 | whether a criminal background screening has been conducted on |
21 | members of an online dating service fulfills a compelling state |
22 | interest to increase public awareness of the possible risks |
23 | associated with Internet dating activities. |
24 | (c) The Legislature finds that the acts of transmitting |
25 | over the Internet electronic dating information addressed to |
26 | residents of this state and accepting membership fees from |
27 | residents of this state for Internet dating services establishes |
28 | that an online dating service provider is operating, conducting, |
29 | engaging in, and otherwise carrying on a business in this state |
30 | and subjects such an online dating service provider to |
31 | regulation by this state and to the jurisdiction of this state's |
32 | courts. |
33 | (3) DEFINITIONS.--As used in this section, the term: |
34 | (a) "Communicate" or "communicating" or "communication" |
35 | means free-form text authored by a member or real-time voice |
36 | communication through an online dating service provider. |
37 | (b) "Convicted" or "conviction" or "convictions" has the |
38 | same meaning as provided in s. 943.0435(1)(b). However, if an |
39 | offense was committed in another jurisdiction, the term has the |
40 | same meaning as provided in that jurisdiction's equivalent |
41 | statute. |
42 | (c) "Criminal background screening" means, at a minimum, a |
43 | search for a person's felony, misdemeanor, and sexual offense |
44 | convictions initiated by an online dating service provider and |
45 | conducted by one of the following means: |
46 | 1. By searching available and regularly updated government |
47 | public record databases for felony, misdemeanor, and sexual |
48 | offense convictions if such databases, in the aggregate, provide |
49 | substantial national coverage for such felonies, misdemeanors, |
50 | and sexual offense convictions; or |
51 | 2. By searching a database maintained by a private vendor |
52 | that is regularly updated and maintained in the United States |
53 | with substantial national coverage for such felonies, |
54 | misdemeanors, and sexual offense convictions. |
55 | (d) "Department" means the Department of Agriculture and |
56 | Consumer Services. |
57 | (e) "Felony" has the same meaning as provided in s. |
58 | 775.08. However, if an offense was committed in another |
59 | jurisdiction, the term has the same meaning as provided in that |
60 | jurisdiction's equivalent statute. |
61 | (f) "Florida member" means a member as defined in this |
62 | section who provides a billing address located in Florida with |
63 | zip code and other required billing information when registering |
64 | with the provider. |
65 | (g) "Member" means a person who submits to an online |
66 | dating service provider the information required by the provider |
67 | to access the provider's service for the purpose of engaging in |
68 | dating, participating in compatibility evaluations with other |
69 | persons, or obtaining matrimonial matching services. |
70 | (h) "Misdemeanor" has the same meaning as provided in s. |
71 | 775.08. However, if an offense was committed in another |
72 | jurisdiction, the term has the same meaning as provided in that |
73 | jurisdiction's equivalent statute. |
74 | (i) "Online dating service provider" or "provider" means a |
75 | person engaged in the business of offering or providing to its |
76 | members access to dating, compatibility evaluations between |
77 | persons, or matrimonial matching services through the Internet. |
78 | (j) "Sexual offense conviction" means a conviction for an |
79 | offense that would qualify the offender for registration as a |
80 | sexual offender under s. 943.0435. However, if an offense was |
81 | committed in another jurisdiction, the term has the same meaning |
82 | as provided in that jurisdiction's equivalent statute. |
83 | (4) PROVIDER SAFETY AWARENESS DISCLOSURES.-- |
84 | (a) An online dating service provider offering services to |
85 | Florida members shall provide a safety awareness notification |
86 | containing, at a minimum, information that includes a list and |
87 | description of safety measures reasonably designed to increase |
88 | awareness of safer dating practices as determined by the |
89 | provider. Examples of such notifications include: |
90 | 1. "Anyone who is able to commit identity theft can also |
91 | falsify a dating profile." |
92 | 2. "There is no substitute for acting with caution when |
93 | communicating with a stranger who wants to meet you." |
94 | 3. "Never include your last name, e-mail address, home |
95 | address, phone number, place of work, or any other identifying |
96 | information in your online profile or initial e-mail messages. |
97 | Stop communicating with anyone who pressures you for personal or |
98 | financial information or attempts in any way to trick you into |
99 | revealing it." |
100 | 4. "If you choose to have a face-to-face meeting with |
101 | another member, always tell a family member or a friend where |
102 | you are going and when you will return. Never agree to be picked |
103 | up at your home. Always provide your own transportation to and |
104 | from your date and meet in a public place at a time with many |
105 | people around." |
106 | (b) If an online dating service provider does not conduct |
107 | criminal background screenings on its communicating members, the |
108 | provider shall disclose, clearly and conspicuously, to all |
109 | Florida members that the online dating service provider does not |
110 | conduct criminal background screenings. The disclosure shall be |
111 | provided, at a minimum, as a hyperlink titled "Safety Tips" from |
112 | the profile pages describing a member to a Florida member and |
113 | within the provider's terms and conditions contained on the |
114 | website pages used when a member registers as a Florida member |
115 | or changes his or her registration to become a Florida member, |
116 | and on the confirmation e-mail sent when a Florida member |
117 | completes registration or a change of registration. |
118 | (c) If an online dating service provider conducts criminal |
119 | background screenings on all of its communicating members, the |
120 | provider shall disclose, clearly and conspicuously, to all |
121 | Florida members that the online dating service provider conducts |
122 | a criminal background screening on each member prior to |
123 | permitting a Florida member to communicate with another member. |
124 | Additionally, the provider shall disclose, clearly and |
125 | conspicuously, to all Florida members whether a member who has |
126 | been identified as having a felony or sexual offense conviction |
127 | is allowed to communicate with any Florida member. The provider |
128 | shall also disclose, clearly and conspicuously, that background |
129 | screenings of applicants can be fallible and there is no way to |
130 | guarantee that the name provided by a person to be used in a |
131 | background screening is the person's true identity; and that not |
132 | all criminal records are publicly available; and that the |
133 | screenings may not identify every member who has a felony, |
134 | misdemeanor, or sexual offense conviction and members should |
135 | participate in the service at their own risk, using caution when |
136 | communicating with other members. The disclosures under this |
137 | subsection shall be provided, at a minimum, as a hyperlink |
138 | titled "Safety Tips" from the profile pages describing a member |
139 | to a Florida member and within the provider's terms and |
140 | conditions contained on the website pages used when a member |
141 | registers as a Florida member or changes his or her registration |
142 | to become a Florida member, and on the confirmation e-mail sent |
143 | when a Florida member completes registration or a change of |
144 | registration. |
145 | (d) To address any concerns that the criminal background |
146 | screenings used by a provider may create a false sense of |
147 | security, and to allow Florida members to better evaluate and |
148 | compare the extent and scope of any criminal background |
149 | screenings conducted by a provider, the disclosures under |
150 | paragraph (c) shall be immediately followed by a clear and |
151 | conspicuous hyperlink labeled "Details about our Criminal |
152 | Background Screenings." This hyperlink shall provide Florida |
153 | members with access to a web page containing a supplemental |
154 | disclosure that includes, at a minimum, the name of any private |
155 | vendor used by the provider for conducting criminal background |
156 | screenings of felony, misdemeanor, and sexual offense |
157 | convictions; the frequency with which the database of felony, |
158 | misdemeanor, and sexual offense criminal convictions used by the |
159 | provider or private vendor is updated; a listing of each state |
160 | that is included and excluded, along with any limitations or |
161 | restrictions on access to the felony, misdemeanor, and sexual |
162 | offense criminal conviction data available from a state; and |
163 | whether, in addition to felonies, misdemeanors, and sexual |
164 | offenses, any other types or categories of criminal convictions |
165 | are included for each state in the database used by the provider |
166 | or private vendor. |
167 | (5) CLEARINGHOUSE.--The department shall serve as the |
168 | clearinghouse for intake of information concerning this section |
169 | from consumers, residents, and victims. The consumer hotline may |
170 | be used for this purpose. Information obtained shall be directed |
171 | to the appropriate enforcement entity, as determined by the |
172 | department. |
173 | (6) CIVIL PENALTIES.-- |
174 | (a) An online dating service provider that registers |
175 | Florida members must comply with all provisions of this section. |
176 | (b) Acts, conduct, practices, omissions, failings, |
177 | misrepresentations, or nondisclosures committed in violation of |
178 | this section constitute deceptive and unfair trade practices |
179 | under part II of this chapter and the department, the Department |
180 | of Legal Affairs, or the state attorney may institute a civil |
181 | action in a court of competent jurisdiction to recover any |
182 | penalties, damages, or injunctive relief to enforce compliance |
183 | with this section. Each failure to provide a required disclosure |
184 | constitutes a separate violation. |
185 | (c) The court may impose a civil penalty of up to $1,000 |
186 | per violation, with an aggregate total not to exceed $25,000 for |
187 | any 24-hour period, against any online dating service provider |
188 | that violates any requirement of this section. A lawsuit may be |
189 | brought by an enforcing authority as defined in s. 501.203 or |
190 | the department if the department, while acting as the |
191 | clearinghouse, does not refer the matter to the Department of |
192 | Legal Affairs or the state attorney. Any penalties collected |
193 | shall accrue to the enforcing authority or the department's |
194 | Division of Consumer Services to further consumer enforcement |
195 | efforts. No private cause of action is created under this |
196 | section. |
197 | (7) EXCLUSIONS.-- |
198 | (a) An Internet access service or other Internet service |
199 | provider does not violate this section solely as a result of |
200 | serving as an intermediary for the transmission of |
201 | communications between members of an online dating service |
202 | provider. |
203 | (b) An Internet access service or other Internet service |
204 | provider is not an online dating service provider within the |
205 | meaning of this section as to any online dating service website |
206 | provided by another person or entity that is not affiliated with |
207 | the Internet access service or Internet service provider. |
208 | "Affiliate" or "affiliated" has the same meaning as provided in |
209 | s. 607.0901. |
210 | (c) This section does not create a cause of action against |
211 | an Internet access service, an Internet service provider, or a |
212 | telecommunications provider whose equipment or network is used |
213 | to transport or handle the transmission of a communication by |
214 | any person. |
215 | Section 2. The Division of Statutory Revision is directed |
216 | to include the provisions of section 501.165, Florida Statutes, |
217 | in part I of chapter 501, Florida Statutes. |
218 | Section 3. If any provision of this act or its application |
219 | to any individual or circumstance is held invalid, such |
220 | invalidity does not affect other provisions or applications of |
221 | this act that can be given effect without the invalid provision |
222 | or application, and to this end the provisions of this act are |
223 | severable. |
224 | Section 4. This act shall take effect July 1, 2007. |
225 |
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226 | ======= T I T L E A M E N D M E N T ========== |
227 | Remove the entire title and insert: |
228 | A bill to be entitled |
229 | An act relating to Internet predators; creating s. |
230 | 501.165, F.S., providing a short title; providing |
231 | legislative findings; providing definitions; requiring |
232 | certain disclosures by online dating services; providing a |
233 | clearinghouse for consumers; providing civil penalties for |
234 | noncompliance; providing exclusions; providing a directive |
235 | to the Division of Statutory Revision; providing for |
236 | severability; providing an effective date. |