1 | A bill to be entitled |
2 | An act relating to Internet predator awareness; creating |
3 | ss. 501.165-501.171, F.S., the "Internet Predator |
4 | Awareness Act"; providing legislative findings; defining |
5 | terms; requiring certain disclosures by online dating |
6 | services; providing a clearinghouse for consumers; |
7 | providing civil penalties; providing exclusions; providing |
8 | a directive to the Division of Statutory Revision; |
9 | providing severability; providing an effective date. |
10 |
|
11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
|
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 and accepting membership fees from |
34 | residents of the state for Internet dating services establishes |
35 | that an online dating service provider is operating, conducting, |
36 | engaging in, and otherwise carrying on a business in the state |
37 | and subjects such an online dating service provider to |
38 | regulation by the state and to the jurisdiction of the state's |
39 | courts. |
40 | Section 2. Section 501.166, Florida Statutes, is created |
41 | to read: |
42 | 501.166 Definitions.--As used in ss. 501.165-501.171: |
43 | (1) "Communicate," "communicating," or "communication" |
44 | means free-form text authored by a member or real-time voice |
45 | communication through an online dating service provider. |
46 | (2) "Convicted," "conviction," and "convictions" shall |
47 | have the same meaning as provided in s. 943.0435(1)(b) or, if an |
48 | offense was committed in another jurisdiction, these terms shall |
49 | have the same meaning as provided under that jurisdiction's |
50 | equivalent statute. |
51 | (3) "Criminal background screening" means, at a minimum, a |
52 | search for a person's felony and sexual offense convictions |
53 | initiated by an online dating service provider and conducted by |
54 | one of the following means: |
55 | (a) By searching available and regularly updated |
56 | government public record databases for felony and sexual offense |
57 | convictions so long as such databases, in the aggregate, provide |
58 | substantial national coverage of such felonies and sexual |
59 | offense convictions; or |
60 | (b) By searching a database maintained by a private vendor |
61 | that is regularly updated and is maintained in the United States |
62 | with substantial national coverage of such felonies and sexual |
63 | offense convocations. |
64 | (4) "Department" means the Department of Agriculture and |
65 | Consumer Services. |
66 | (5) "Felony" shall have the same meaning as provided in s. |
67 | 775.08 or, if an offense was committed in another jurisdiction, |
68 | the term shall have the same meaning as provided under that |
69 | jurisdiction's equivalent statute. |
70 | (6) "Florida member" means a member as defined in this |
71 | section who provides a Florida billing address with zip code and |
72 | other required billing information when registering with the |
73 | provider. |
74 | (7) "Member" means a person who submits to an online |
75 | dating service provider the information required by the provider |
76 | to access the provider's service for the purpose of engaging in |
77 | dating or participating in compatibility evaluations with other |
78 | persons or obtaining matrimonial matching services. |
79 | (8) "Online dating service provider" or "provider" means a |
80 | person engaged in the business of offering or providing to its |
81 | members access to dating or compatibility evaluations between |
82 | persons or matrimonial matching services through the Internet. |
83 | (9) "Sexual offense conviction" means a conviction for an |
84 | offense that would qualify the offender for registration as a |
85 | sexual offender under s. 943.0435 or, if an offense was |
86 | committed in another jurisdiction, the term shall have the same |
87 | meaning as provided under that jurisdiction's equivalent |
88 | statute. |
89 | Section 3. Section 501.167, Florida Statutes, is created |
90 | to read: |
91 | 501.167 Provider safety awareness disclosures.--An online |
92 | dating service provider offering services to Florida members |
93 | shall: |
94 | (1) Provide a safety awareness notification with, at a |
95 | minimum, information that includes a list and description of |
96 | safety measures reasonably designed to increase awareness of |
97 | safer dating practices as determined by the provider. Examples |
98 | of such notifications include: |
99 | (a) "Anyone who is able to commit identity theft can also |
100 | falsify a dating profile." |
101 | (b) "There is no substitute for acting with caution when |
102 | communicating with a stranger who wants to meet you." |
103 | (c) "Never include your last name, e-mail address, home |
104 | address, phone number, place of work, or any other identifying |
105 | information in your online profile or initial e-mail messages. |
106 | Stop communicating with anyone who pressures you for personal or |
107 | financial information or attempts in any way to trick you into |
108 | revealing it." |
109 | (d) "If you choose to have a face-to-face meeting with |
110 | another member, always tell a family member or a friend where |
111 | you are going and when you will return. Never agree to be picked |
112 | up at your home. Always provide your own transportation to and |
113 | from your date and meet in a public place at a time with many |
114 | people around." |
115 | (2) If an online dating service provider does not conduct |
116 | criminal background screenings on its communicating members, the |
117 | provider shall disclose, clearly and conspicuously, to all |
118 | Florida members that the online dating service provider does not |
119 | conduct criminal background screenings. The disclosure shall be |
120 | provided, at a minimum, on the profile pages describing a member |
121 | to a Florida member and on the provider's website pages used |
122 | when a Florida member signs up. A disclosure under this |
123 | subsection shall be in bold, capital letters in at least 12- |
124 | point type. |
125 | (3) If an online dating service provider conducts criminal |
126 | background screenings on all of its communicating members, the |
127 | provider shall disclose, clearly and conspicuously, to all |
128 | Florida members that the online dating service provider conducts |
129 | a criminal background screening on each member prior to |
130 | permitting a Florida member to communicate with another member. |
131 | Additionally, the provider shall disclose to all Florida members |
132 | whether a member who has been identified as having a felony or |
133 | sexual offense conviction is allowed to communicate with any |
134 | Florida member. The disclosure shall be provided on the profile |
135 | pages describing a member to a Florida member and on the |
136 | provider's website pages used when a Florida member signs up. A |
137 | disclosure under this subsection shall be in bold, capital |
138 | letters in at least 12-point type. |
139 | (4)(a) If an online dating service provider conducts |
140 | criminal background screenings, the provider shall also |
141 | disclose, clearly and conspicuously, that background screenings |
142 | of applicants can be fallible and there is no way to guarantee |
143 | that the name provided by a person to be used in a background |
144 | screening is the person's true identity. Also, not all criminal |
145 | records are publicly available. The screenings may not identify |
146 | every member who has a felony or sexual offense conviction and |
147 | members should participate in the service at their own risk and |
148 | use caution when communicating with other members. |
149 | (b) To enable Florida members to better evaluate and |
150 | compare the extent and scope of the background screenings, an |
151 | electronic link shall be provided to a web page that, at a |
152 | minimum, clearly describes the name of the vendor conducting the |
153 | background screening, the frequency with which the vendor |
154 | updates its database of criminal convictions, a list of states |
155 | covered, and any limitations or restrictions on access to a |
156 | state's criminal conviction data. |
157 | Section 4. Section 501.168, Florida Statutes, is created |
158 | to read: |
159 | 501.168 Clearinghouse.--The department shall serve as the |
160 | clearinghouse for intake of information concerning ss. |
161 | 501.165-501.171 from consumers, residents, and victims. The |
162 | consumer hotline may be used for this purpose. Information |
163 | obtained shall be directed to the appropriate enforcement |
164 | entity, as determined by the department. |
165 | Section 5. Section 501.169, Florida Statutes, is created |
166 | to read: |
167 | 501.169 Civil penalties.-- |
168 | (1) An online dating service provider that registers |
169 | Florida members must comply with the provisions of ss. 501.165- |
170 | 501.171. |
171 | (2) Acts, conduct, practices, omissions, failings, |
172 | misrepresentations, or nondisclosures committed in violation of |
173 | ss. 501.165-501.171 are deceptive and unfair trade practices |
174 | under part II of this chapter and the department, the Department |
175 | of Legal Affairs, or the state attorney may institute a civil |
176 | action in a court of competent jurisdiction to recover any |
177 | penalties, damages, and injunctive relief to enforce compliance |
178 | with ss. 501.165-501.171. Each failure to provide a required |
179 | disclosure constitutes a separate violation. |
180 | (3) The court may impose a civil penalty of up to $1,000 |
181 | per violation, with an aggregate total not to exceed $25,000 for |
182 | any 24-hour period, against any online dating service provider |
183 | that violates any requirement of ss. 501.165-501.171. Suit may |
184 | be brought by an enforcing authority as defined in s. 501.203 or |
185 | the department if the department, while acting as the |
186 | clearinghouse, does not refer the matter to the Department of |
187 | Legal Affairs or the state attorney. Any penalties collected |
188 | shall accrue to the enforcing authority or the department's |
189 | Division of Consumer Services to further consumer enforcement |
190 | efforts. No private cause of action is created under ss. |
191 | 501.165-501.171. |
192 | Section 6. Section 501.171, Florida Statutes, is created |
193 | to read: |
194 | 501.171 Exclusions.-- |
195 | (1) An Internet access service or other Internet service |
196 | provider does not violate ss. 501.165-501.171 solely as a result |
197 | of serving as an intermediary for the transmission of |
198 | communications between members of an online dating service |
199 | provider. |
200 | (2) An Internet access service or other Internet service |
201 | provider shall not be considered an online dating service |
202 | provider within the meaning of ss. 501.165-501.171 as to any |
203 | online dating service website provided by another person or |
204 | entity that is not an affiliate of the Internet access service |
205 | or Internet service provider. As used in this subsection, the |
206 | term "affiliate" shall have the same meaning as provided in s. |
207 | 607.0901. |
208 | Section 7. The Division of Statutory Revision is directed |
209 | to include the provisions of sections 501.165-501.171, Florida |
210 | Statutes, in part I of chapter 501, Florida Statutes. |
211 | Section 8. If any provision of this act or the application |
212 | thereof to any person or circumstance is held invalid, the |
213 | invalidity does not affect other provisions or applications of |
214 | this act that can be given effect without the invalid provision |
215 | or application, and to this end the provisions of this act are |
216 | declared severable. |
217 | Section 9. This act shall take effect July 1, 2007. |