| 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. |