| 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 |
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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 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. |