HB 411

1
A bill to be entitled
2An act relating to Internet predator awareness and online
3safety; creating s. 501.165, F.S.; providing a short
4title; providing legislative findings; providing
5definitions; requiring certain disclosures by online
6dating services; providing a clearinghouse for consumers;
7providing civil penalties for noncompliance; providing
8exclusions; providing a directive to the Division of
9Statutory Revision; providing for severability; providing
10an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 501.165, Florida Statutes, is created
15to read:
16     501.165  Internet Predator Awareness and Online Safety
17Act.--
18     (1)  SHORT TITLE.--This section may be cited as the
19"Internet Predator Awareness and Online Safety Act."
20     (2)  LEGISLATIVE FINDINGS.--
21     (a)  The Legislature has received public testimony that
22criminals and sex offenders use online dating services to prey
23upon the residents of this state.
24     (b)  The Legislature finds, as part of its duty to protect
25the health, safety, and welfare of its citizens, that there
26presently exists a compelling state interest to develop a
27statewide uniform online safety policy that includes measures to
28enhance the public's awareness of the use of online dating
29services by predators to communicate with potential victims. The
30Legislature further finds that residents of this state need to
31be informed when viewing websites of online dating services as
32to the potential risks to personal safety associated with online
33dating. Also, requiring disclosures in the form of guidelines
34for safer dating and informing residents as to whether a
35criminal background screening has been conducted on members of
36an online dating service fulfills a compelling state interest to
37increase public awareness of the possible risks associated with
38Internet dating activities.
39     (c)  The Legislature finds that the acts of transmitting
40over the Internet electronic dating information addressed to
41residents of this state and accepting membership fees from
42residents of this state for Internet dating services establish
43that an online dating service provider is operating, conducting,
44engaging in, and otherwise carrying on a business in this state
45and subject such online dating service provider to regulation by
46this state and to the jurisdiction of this state's courts.
47     (3)  DEFINITIONS.--As used in this section, the term:
48     (a)  "Communicate," "communicating," or "communication"
49means free-form text authored by a member or real-time voice
50communication through an online dating service provider.
51     (b)  "Convicted," "conviction," or "convictions" has the
52same meaning as provided in s. 943.0435(1)(b). However, if an
53offense was committed in another jurisdiction, these terms have
54the same meaning as provided in that jurisdiction's equivalent
55statute.
56     (c)  "Criminal background screening" means, at a minimum, a
57search for a person's felony, misdemeanor, and sexual offense
58convictions initiated by an online dating service provider and
59conducted by one of the following means:
60     1.  By searching available and regularly updated government
61public record databases for felony, misdemeanor, and sexual
62offense convictions if such databases, in the aggregate, provide
63substantial national coverage for such felonies, misdemeanors,
64and sexual offense convictions; or
65     2.  By searching a database maintained by a private vendor
66that is regularly updated and maintained in the United States
67with substantial national coverage of such felonies,
68misdemeanors, and sexual offense convictions.
69     (d)  "Department" means the Department of Agriculture and
70Consumer Services.
71     (e)  "Felony" has the same meaning as provided in s.
72775.08. However, if an offense was committed in another
73jurisdiction, the term has the same meaning as provided in that
74jurisdiction's equivalent statute.
75     (f)  "Florida member" means a member as defined in this
76section who provides a billing address located in Florida with
77zip code and other required billing information when registering
78with the provider.
79     (g)  "Member" means a person who submits to an online
80dating service provider the information required by the provider
81to access the provider's service for the purpose of engaging in
82dating, participating in compatibility evaluations with other
83persons, or obtaining matrimonial matching services.
84     (h)  "Misdemeanor" has the same meaning as provided in s.
85775.08. However, if an offense was committed in another
86jurisdiction, the term has the same meaning as provided in that
87jurisdiction's equivalent statute.
88     (i)  "Online dating service provider" or "provider" means a
89person engaged in the business of offering or providing to its
90members access to dating, compatibility evaluations between
91persons, or matrimonial matching services through the Internet.
92     (j)  "Sexual offense conviction" means a conviction for an
93offense that would qualify the offender for registration as a
94sexual offender under s. 943.0435. However, if an offense was
95committed in another jurisdiction, the term has the same meaning
96as provided in that jurisdiction's equivalent statute.
97     (4)  PROVIDER SAFETY AWARENESS DISCLOSURES.--
98     (a)  An online dating service provider offering services to
99members in Florida shall provide a safety-awareness notification
100containing, at a minimum, information that includes a list and
101description of safety measures reasonably designed to increase
102awareness of safer dating practices as determined by the
103provider. Examples of such notifications include:
104     1.  "Anyone who is able to commit identity theft can also
105falsify a dating profile."
106     2.  "There is no substitute for acting with caution when
107communicating with a stranger who wants to meet you."
108     3.  "Never include your last name, e-mail address, home
109address, phone number, place of work, or any other identifying
110information in your online profile or initial e-mail messages.
111Stop communicating with anyone who pressures you for personal or
112financial information or attempts in any way to trick you into
113revealing it."
114     4.  "If you choose to have a face-to-face meeting with
115another member, always tell a family member or a friend where
116you are going and when you will return. Never agree to be picked
117up at your home. Always provide your own transportation to and
118from your date and meet in a public place at a time with many
119people around."
120     (b)  If an online dating service provider does not conduct
121criminal background screenings on its communicating members, the
122provider shall disclose, clearly and conspicuously, to all
123Florida members that the online dating service provider does not
124conduct criminal background screenings. The disclosure shall be
125provided, at a minimum, as a hyperlink titled "Safety Tips" from
126the profile pages describing a member to a Florida member and
127within the provider's terms and conditions contained on the
128website pages used when a member registers as a Florida member
129or changes his or her registration to become a Florida member
130and on the confirmation e-mail sent when a Florida member
131completes registration or a change of registration.
132     (c)  If an online dating service provider conducts criminal
133background screenings on all of its communicating members, the
134provider shall disclose, clearly and conspicuously, to all
135Florida members that the online dating service provider conducts
136a criminal background screening on each member prior to
137permitting a Florida member to communicate with another member.
138Additionally, the provider shall disclose, clearly and
139conspicuously, to all Florida members whether a member who has
140been identified as having a felony, misdemeanor, or sexual
141offense conviction is allowed to communicate with any Florida
142member. The provider shall also disclose, clearly and
143conspicuously, that background screenings of applicants can be
144fallible and there is no way to guarantee that the name provided
145by a person to be used in a background screening is the person's
146true identity; that not all criminal records are publicly
147available; and that the screenings may not identify every member
148who has a felony, misdemeanor, or sexual offense conviction and
149members should participate in the service at their own risk,
150using caution when communicating with other members. The
151disclosures under this subsection shall be provided, at a
152minimum, as a hyperlink titled "Safety Tips" from the profile
153pages describing a member to a Florida member and within the
154provider's terms and conditions contained on the website pages
155used when a member registers as a Florida member or changes his
156or her registration to become a Florida member and on the
157confirmation e-mail sent when a Florida member completes
158registration or a change of registration.
159     (d)  To address any concerns that the criminal background
160screenings used by a provider may create a false sense of
161security, and to allow Florida members to better evaluate and
162compare the extent and scope of any criminal background
163screenings conducted by a provider, the disclosures under
164paragraph (c) shall be immediately followed by a clear and
165conspicuous hyperlink labeled "Details about our Criminal
166Background Screenings." This hyperlink shall provide Florida
167members with access to a web page containing a supplemental
168disclosure that includes, at a minimum, the name of any private
169vendor used by the provider for conducting criminal background
170screenings of felony, misdemeanor, and sexual offense
171convictions, the frequency with which the database of felony,
172misdemeanor, and sexual offense criminal convictions used by the
173provider or private vendor is updated, a listing of each state
174that is included and excluded, along with any limitations or
175restrictions on access to the felony, misdemeanor, and sexual
176offense criminal conviction data available from a state, and
177whether, in addition to felonies, misdemeanors, and sexual
178offenses, any other types or categories of criminal convictions
179are included for each state in the database used by the provider
180or private vendor.
181     (5)  CLEARINGHOUSE.--The department shall serve as the
182clearinghouse for intake of information concerning this section
183from consumers, residents, and victims. The consumer hotline may
184be used for this purpose. Information obtained shall be directed
185to the appropriate enforcement entity, as determined by the
186department.
187     (6)  CIVIL PENALTIES.--
188     (a)  An online dating service provider that registers
189Florida members must comply with all provisions of this section.
190     (b)  Acts, conduct, practices, omissions, failings,
191misrepresentations, or nondisclosures committed in violation of
192this section constitute deceptive and unfair trade practices
193under part II of this chapter and the department, the Department
194of Legal Affairs, or the state attorney may institute a civil
195action in a court of competent jurisdiction to recover any
196penalties, damages, or injunctive relief to enforce compliance
197with this section. Each failure to provide a required disclosure
198constitutes a separate violation.
199     (c)  The court may impose a civil penalty of up to $1,000
200per violation, with an aggregate total not to exceed $25,000 for
201any 24-hour period, against any online dating service provider
202that violates any requirement of this section. A lawsuit may be
203brought by an enforcing authority as defined in s. 501.203 or
204the department if the department, while acting as the
205clearinghouse, does not refer the matter to the Department of
206Legal Affairs or the state attorney. Any penalties collected
207shall accrue to the enforcing authority or the department's
208Division of Consumer Services for further consumer enforcement
209efforts. A private cause of action is not created under this
210section.
211     (7)  EXCLUSIONS.--
212     (a)  An Internet access service or other Internet service
213provider does not violate this section solely as a result of
214serving as an intermediary for the transmission of
215communications between members of an online dating service
216provider.
217     (b)  An Internet access service or other Internet service
218provider is not an online dating service provider within the
219meaning of this section as to any online dating service website
220provided by another person or entity that is not affiliated with
221the Internet access service or Internet service provider.
222"Affiliate" or "affiliated" has the same meaning as provided in
223s. 607.0901.
224     (c)  This section does not create a cause of action against
225an Internet access service, an Internet service provider, or a
226telecommunications provider whose equipment or network is used
227to transport or handle the transmission of a communication by
228any person.
229     Section 2.  The Division of Statutory Revision is directed
230to include the provisions of this section in part I of chapter
231501, Florida Statutes.
232     Section 3.  If any provision of this act or its application
233to any individual or circumstance is held invalid, such
234invalidity does not affect other provisions or applications of
235which act that can be given effect without the invalid provision
236or application, and to this end the provisions of this act are
237severable.
238     Section 4.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.