1 | A bill to be entitled |
2 | An act relating to online dating services; creating ss. |
3 | 501.165-501.171, F.S., the "Internet Predator Awareness |
4 | Act"; providing legislative findings; defining terms; |
5 | requiring certain disclosures by online dating services; |
6 | providing a clearinghouse for consumers; providing civil |
7 | penalties; providing exclusions; providing a directive to |
8 | the Division of Statutory Revision; providing |
9 | severability; providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Section 501.165, Florida Statutes, is created |
14 | to read: |
15 | 501.165 Internet Predator Awareness Act; legislative |
16 | findings.-- |
17 | (1) Sections 501.165-501.171 may be cited as the "Internet |
18 | Predator Awareness Act." |
19 | (2)(a) The Legislature has received public testimony that |
20 | criminals and sex offenders use online dating services to prey |
21 | upon the citizens of this state. |
22 | (b) The Legislature finds that residents of this state |
23 | need to be informed when viewing websites of online dating |
24 | services as to potential risks to personal safety associated |
25 | with online dating. Also, requiring disclosures in the form of |
26 | guidelines for safer dating and informing residents as to |
27 | whether a criminal background screening has been conducted on |
28 | members of an online dating service fulfills a compelling state |
29 | interest to increase public awareness of the possible risks |
30 | associated with Internet dating activities. |
31 | (c) The Legislature finds that the acts of transmitting |
32 | over the Internet electronic dating information addressed to |
33 | residents of the state or accepting membership fees from |
34 | residents of the state show that an online dating service |
35 | provider is operating, conducting, engaging in, and otherwise |
36 | carrying on a business in the state and subject such an online |
37 | dating service provider to regulation by the state and to the |
38 | jurisdiction of the state's courts. |
39 | Section 2. Section 501.166, Florida Statutes, is created |
40 | to read: |
41 | 501.166 Definitions.--As used in ss. 501.165-501.171: |
42 | (1) "Communicate," "communicating," or "communication" |
43 | means free-form text authored by a member or real-time voice |
44 | communication through an online dating service provider. |
45 | (2) "Criminal background screening" means a search for a |
46 | person's felony and sexual offense convictions initiated by an |
47 | online dating service provider and conducted by one of the |
48 | following means: |
49 | (a) By searching available and regularly updated |
50 | government public record databases for felony and sexual offense |
51 | convictions so long as such databases, in the aggregate, provide |
52 | substantial national coverage; or |
53 | (b) By searching a database maintained by a private vendor |
54 | that is regularly updated and is maintained in the United States |
55 | with substantial national coverage of criminal history records |
56 | and sexual offender registries. |
57 | (3) "Department" means the Department of Agriculture and |
58 | Consumer Services. |
59 | (4) "Florida member" means a member as defined in this |
60 | section who provides a Florida billing address or zip code when |
61 | registering with the provider. |
62 | (5) "Member" means a person who submits to an online |
63 | dating service provider the information required by the provider |
64 | to access the provider's service for the purpose of engaging in |
65 | dating and participating in compatibility evaluations with other |
66 | persons or obtaining matrimonial matching services. |
67 | (6) "Online dating service provider" or "provider" means a |
68 | person engaged in the business of offering or providing to its |
69 | members access to dating and compatibility evaluations between |
70 | persons or matrimonial matching services through the Internet. |
71 | (7) "Sexual offense conviction" means a conviction for an |
72 | offense that would qualify the offender for registration as a |
73 | sexual offender under s. 943.0435 or under another |
74 | jurisdiction's equivalent statute. |
75 | Section 3. Section 501.167, Florida Statutes, is created |
76 | to read: |
77 | 501.167 Provider safety awareness disclosures.--An online |
78 | dating service provider offering services to Florida members |
79 | shall: |
80 | (1) Provide a safety awareness notification with, at a |
81 | minimum, information that includes a list and description of |
82 | safety measures reasonably designed to increase awareness of |
83 | safer dating practices as determined by the provider. Examples |
84 | of such notifications include: |
85 | (a) "Anyone who is able to commit identity theft can also |
86 | falsify a dating profile." |
87 | (b) "There is no substitute for acting with caution when |
88 | communicating with a stranger who wants to meet you." |
89 | (c) "Never include your last name, e-mail address, home |
90 | address, phone number, place of work, or any other identifying |
91 | information in your online profile or initial e-mail messages. |
92 | Stop communicating with anyone who pressures you for personal or |
93 | financial information or attempts in any way to trick you into |
94 | revealing it." |
95 | (d) "If you choose to have a face-to-face meeting with |
96 | another member, always tell a family member or a friend where |
97 | you are going and when you will return. Never agree to be picked |
98 | up at your home. Always provide your own transportation to and |
99 | from your date and meet in a public place at a time with many |
100 | people around." |
101 | (2) If an online dating service provider does not conduct |
102 | criminal background screenings on its members, the provider |
103 | shall disclose, clearly and conspicuously, to all Florida |
104 | members that the online dating service provider does not conduct |
105 | criminal background screenings. The disclosure shall be provided |
106 | when an e-mail or other text message is sent or received by a |
107 | Florida member, on the profile describing a member to a Florida |
108 | member, and on the provider's website pages used when a Florida |
109 | member signs up. A disclosure under this subsection shall be in |
110 | bold, capital letters in at least 12-point type. |
111 | (3) If an online dating service provider conducts criminal |
112 | background screenings on all of its communicating members, the |
113 | provider shall disclose, clearly and conspicuously, to all |
114 | Florida members that the online dating service provider conducts |
115 | a criminal background screening on each member prior to |
116 | permitting a Florida member to communicate with another member. |
117 | The disclosure shall be provided on the provider's website pages |
118 | used when a Florida member signs up. A disclosure under this |
119 | subsection shall be in bold, capital letters in at least 12- |
120 | point type. |
121 | (4) If an online dating service provider conducts criminal |
122 | background screenings, the provider shall disclose that |
123 | background screenings of applicants are not perfect and there is |
124 | no way to guarantee that the name provided by a person to be |
125 | used in a background screening is the person's true identity. |
126 | Also, not all criminal records are publicly available. |
127 | Therefore, the screenings may not identify every member who has |
128 | a felony or sexual offense conviction and members should |
129 | participate in the service at their own risk and use caution |
130 | when communicating with other members. Additionally, the |
131 | provider shall disclose whether it has a policy allowing a |
132 | member who has been identified as having a felony or sexual |
133 | offense conviction to have access to its service to communicate |
134 | with any Florida member. |
135 | Section 4. Section 501.168, Florida Statutes, is created |
136 | to read: |
137 | 501.168 Clearinghouse.--The department shall serve as the |
138 | clearinghouse for intake of information concerning ss. |
139 | 501.165-501.171 from consumers, residents, and victims. The |
140 | consumer hotline may be used for this purpose. Information |
141 | obtained shall be directed to the appropriate enforcement |
142 | entity, as determined by the department. |
143 | Section 5. Section 501.169, Florida Statutes, is created |
144 | to read: |
145 | 501.169 Civil penalties.-- |
146 | (1) An online dating service provider that registers |
147 | Florida members must comply with the provisions of ss. 501.165- |
148 | 501.171. |
149 | (2) Failure to comply with the disclosure requirements of |
150 | ss. 501.165-501.171 shall constitute a deceptive and unfair |
151 | trade practice under part II. Each failure to provide a required |
152 | disclosure constitutes a separate violation. |
153 | (3) In addition to the remedy provided in subsection (2), |
154 | the court may impose a civil penalty of up to $1,000 per |
155 | violation, with an aggregate total not to exceed $25,000 for any |
156 | 24-hour period, against any online dating service provider that |
157 | violates any requirement of ss. 501.165-501.171. Suit may be |
158 | brought by an enforcing authority as defined in s. 501.203. Any |
159 | penalties collected shall accrue to the enforcing authority or |
160 | the department's Division of Consumer Services to further |
161 | consumer enforcement efforts. |
162 | Section 6. Section 501.171, Florida Statutes, is created |
163 | to read: |
164 | 501.171 Exclusions.-- |
165 | (1) An Internet access service or other Internet service |
166 | provider does not violate ss. 501.165-501.171 solely as a result |
167 | of serving as an intermediary for the transmission of a |
168 | communication between members of an online dating service |
169 | provider. |
170 | (2) An Internet access service or other Internet service |
171 | provider shall not be considered an online dating service |
172 | provider within the meaning of ss. 501.165-501.171 as to any |
173 | online dating service website provided by another person or |
174 | entity. |
175 | Section 7. The Division of Statutory Revision is directed |
176 | to include the provisions of sections 501.165-501.171, Florida |
177 | Statutes, in part I of chapter 501, Florida Statutes. |
178 | Section 8. If any provision of this act or the application |
179 | thereof to any person or circumstance is held invalid, the |
180 | invalidity does not affect other provisions or applications of |
181 | this act that can be given effect without the invalid provision |
182 | or application, and to this end the provisions of this act are |
183 | declared severable. |
184 | Section 9. This act shall take effect July 1, 2007. |