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A bill to be entitled

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An act relating to Internet predator awareness and online

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safety; creating s. 501.165, F.S.; providing a short

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title; providing legislative findings; providing

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definitions; requiring certain disclosures by online

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dating services; providing a clearinghouse for consumers;

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providing civil penalties for noncompliance; providing

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exclusions; providing a directive to the Division of

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Statutory Revision; providing for severability; providing

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an effective date.

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

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     Section 1.  Section 501.165, Florida Statutes, is created to

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read:

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     501.165 Internet Predator Awareness and Online Safety

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Act.--

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     (1) SHORT TITLE.--This section may be cited as the

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"Internet Predator Awareness and Online Safety Act."

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     (2) LEGISLATIVE FINDINGS.--

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     (a) The Legislature has received public testimony that

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criminals and sex offenders use online dating services to prey

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upon the residents of this state.

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     (b) The Legislature finds, as part of its duty to protect

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the health, safety, and welfare of its residents, that there

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presently exists a compelling state interest to develop a

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statewide uniform online safety policy that includes measures to

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enhance the public's awareness of the use of online dating

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services by predators to communicate with potential victims. The

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Legislature further finds that residents of this state need to be

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informed when viewing websites of online dating services as to

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the potential risks to personal safety associated with online

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dating. Also, requiring disclosures in the form of guidelines for

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safer dating and informing residents as to whether a criminal

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background screening has been conducted on members of an online

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dating service fulfills a compelling state interest to increase

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public awareness of the possible risks associated with Internet

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dating activities.

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     (c) The Legislature finds that the acts of transmitting

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over the Internet electronic dating information addressed to

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residents of this state and accepting membership fees from

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residents of this state for Internet dating services establish

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that an online dating service provider is operating, conducting,

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engaging in, and otherwise carrying on a business in this state

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and subject such online dating service provider to regulation by

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

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     (3) DEFINITIONS.--As used in this section, the term:

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     (a) "Communicate," "communicating," or "communication"

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

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communication through an online dating service provider.

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     (b) "Convicted," "conviction," or "convictions" has the

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same meaning as provided in s. 943.0435(1)(b). However, if an

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offense was committed in another jurisdiction, these terms have

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the same meaning as provided in that jurisdiction's equivalent

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statute.

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     (c) "Criminal background screening" means, at a minimum, a

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search for a person's felony, misdemeanor, and sexual offense

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convictions initiated by an online dating service provider and

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conducted by one of the following means:

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     1. By searching available and regularly updated government

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public record databases for felony, misdemeanor, and sexual

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offense convictions if such databases, in the aggregate, provide

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substantial national coverage for such felonies, misdemeanors,

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and sexual offense convictions; or

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     2. By searching a database maintained by a private vendor

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that is regularly updated and maintained in the United States

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with substantial national coverage of such felonies,

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misdemeanors, and sexual offense convictions.

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     (d) "Department" means the Department of Agriculture and

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Consumer Services.

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     (e) "Felony" has the same meaning as provided in s. 775.08.

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However, if an offense was committed in another jurisdiction, the

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term has the same meaning as provided in that jurisdiction's

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equivalent statute.

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     (f) "Florida member" means a member as defined in this

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section who provides a billing address located in Florida with

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zip code and other required billing information when registering

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with the provider.

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     (g) "Member" means a person who submits to an online dating

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service provider the information required by the provider to

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access the provider's service for the purpose of engaging in

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dating, participating in compatibility evaluations with other

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persons, or obtaining matrimonial matching services.

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     (h) "Misdemeanor" has the same meaning as provided in s.

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775.08. However, if an offense was committed in another

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jurisdiction, the term has the same meaning as provided in that

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jurisdiction's equivalent statute.

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     (i) "Online dating service provider" or "provider" means a

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person engaged in the business of offering or providing to its

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members access to dating, compatibility evaluations between

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persons, or matrimonial matching services through the Internet.

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     (j) "Sexual offense conviction" means a conviction for an

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offense that would qualify the offender for registration as a

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sexual offender under s. 943.0435. However, if an offense was

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committed in another jurisdiction, the term has the same meaning

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as provided in that jurisdiction's equivalent statute.

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     (4) PROVIDER SAFETY AWARENESS DISCLOSURES.--

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     (a) An online dating service provider offering services to

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members in Florida shall provide a safety-awareness notification

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containing, at a minimum, information that includes a list and

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description of safety measures reasonably designed to increase

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awareness of safer dating practices as determined by the

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provider. Examples of such notifications include:

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     1. "Anyone who is able to commit identity theft can also

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falsify a dating profile."

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     2. "There is no substitute for acting with caution when

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communicating with a stranger who wants to meet you."

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     3. "Never include your last name, e-mail address, home

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address, phone number, place of work, or any other identifying

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information in your online profile or initial e-mail messages.

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Stop communicating with anyone who pressures you for personal or

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financial information or attempts in any way to trick you into

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revealing it."

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     4. "If you choose to have a face-to-face meeting with

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

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

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at your home. Always provide your own transportation to and from

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your date and meet in a public place at a time with many people

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around."

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     (b) If an online dating service provider does not conduct

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criminal background screenings on its communicating members, the

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provider shall disclose, clearly and conspicuously, to all

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Florida members that the online dating service provider does not

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conduct criminal background screenings. The disclosure shall be

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provided, at a minimum, as a hyperlink titled "Safety Tips" from

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the profile pages describing a member to a Florida member and

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within the provider's terms and conditions contained on the

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website pages used when a member registers as a Florida member or

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changes his or her registration to become a Florida member and on

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the confirmation e-mail sent when a Florida member completes

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registration or a change of registration.

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     (c) If an online dating service provider conducts criminal

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background screenings on all of its communicating members, the

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provider shall disclose, clearly and conspicuously, to all

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Florida members that the online dating service provider conducts

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a criminal background screening on each member prior to

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permitting a Florida member to communicate with another member.

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Additionally, the provider shall disclose, clearly and

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conspicuously, to all Florida members whether a member who has

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been identified as having a felony, misdemeanor, or sexual

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offense conviction is allowed to communicate with any Florida

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member. The provider shall also disclose, clearly and

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conspicuously, that background screenings of applicants can be

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fallible and there is no way to guarantee that the name provided

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

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true identity; that not all criminal records are publicly

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available; and that the screenings may not identify every member

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who has a felony, misdemeanor, or sexual offense conviction and

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members should participate in the service at their own risk,

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using caution when communicating with other members. The

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disclosures under this subsection shall be provided, at a

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minimum, as a hyperlink titled "Safety Tips" from the profile

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pages describing a member to a Florida member and within the

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provider's terms and conditions contained on the website pages

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used when a member registers as a Florida member or changes his

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or her registration to become a Florida member and on the

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confirmation e-mail sent when a Florida member completes

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registration or a change of registration.

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     (d) To address any concerns that the criminal background

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screenings used by a provider may create a false sense of

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security, and to allow Florida members to better evaluate and

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compare the extent and scope of any criminal background

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screenings conducted by a provider, the disclosures under

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paragraph (c) shall be immediately followed by a clear and

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conspicuous hyperlink labeled "Details about our Criminal

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Background Screenings." This hyperlink shall provide Florida

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members with access to a web page containing a supplemental

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disclosure that includes, at a minimum, the name of any private

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vendor used by the provider for conducting criminal background

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screenings of felony, misdemeanor, and sexual offense

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convictions, the frequency with which the database of felony,

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misdemeanor, and sexual offense criminal convictions used by the

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provider or private vendor is updated, a listing of each state

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that is included and excluded, along with any limitations or

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restrictions on access to the felony, misdemeanor, and sexual

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offense criminal conviction data available from a state, and

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whether, in addition to felonies, misdemeanors, and sexual

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offenses, any other types or categories of criminal convictions

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are included for each state in the database used by the provider

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or private vendor.

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     (5) CLEARINGHOUSE.--The department shall serve as the

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clearinghouse for intake of information concerning this section

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from consumers, residents, and victims. The consumer hotline may

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be used for this purpose. Information obtained shall be directed

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to the appropriate enforcement entity, as determined by the

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department.

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     (6) CIVIL PENALTIES.--

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     (a) An online dating service provider that registers

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Florida members must comply with all provisions of this section.

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     (b) Acts, conduct, practices, omissions, failings,

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misrepresentations, or nondisclosures committed in violation of

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this section constitute deceptive and unfair trade practices

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under part II of this chapter and the department, the Department

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of Legal Affairs, or the state attorney may institute a civil

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action in a court of competent jurisdiction to recover any

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penalties, damages, or injunctive relief to enforce compliance

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with this section. Each failure to provide a required disclosure

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constitutes a separate violation.

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     (c) The court may impose a civil penalty of up to $1,000

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

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

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that violates any requirement of this section. A lawsuit may be

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brought by an enforcing authority as defined in s. 501.203 or the

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department if the department, while acting as the clearinghouse,

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does not refer the matter to the Department of Legal Affairs or

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the state attorney. Any penalties collected shall accrue to the

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enforcing authority or the department's Division of Consumer

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Services for further consumer enforcement efforts. A private

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cause of action is not created under this section.

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     (7) EXCLUSIONS.--

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     (a) An Internet access service or other Internet service

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provider does not violate this section solely as a result of

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serving as an intermediary for the transmission of communications

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between members of an online dating service provider.

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     (b) An Internet access service or other Internet service

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provider is not an online dating service provider within the

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meaning of this section as to any online dating service website

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provided by another person or entity that is not affiliated with

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the Internet access service or Internet service provider.

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"Affiliate" or "affiliated" has the same meaning as provided in

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s. 607.0901.

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     (c) This section does not create a cause of action against

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an Internet access service, an Internet service provider, or a

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telecommunications provider whose equipment or network is used to

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transport or handle the transmission of a communication by any

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person.

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     Section 2. The Division of Statutory Revision is directed

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to include the provisions of this section in part I of chapter

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501, Florida Statutes.

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     Section 3. If any provision of this act or its application

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to any individual or circumstance is held invalid, such

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invalidity does not affect other provisions or applications of

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which act that can be given effect without the invalid provision

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or application, and to this end the provisions of this act are

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severable.

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     Section 4.  This act shall take effect July 1, 2008.