Florida Senate - 2016                                    SB 1576
       
       
        
       By Senator Margolis
       
       35-00807B-16                                          20161576__
    1                        A bill to be entitled                      
    2         An act relating to matchmaking services; defining the
    3         term “matchmaking service provider”; providing certain
    4         notice requirements for matchmaking service providers;
    5         providing certain requirements for matchmaking service
    6         providers that choose to conduct background checks on
    7         members or users; requiring certain disclosures to
    8         members or users of matchmaking service providers
    9         under certain circumstances; requiring that certain
   10         records be retained; creating a civil cause of action
   11         for a violation; providing for penalties and payment
   12         of court costs and attorney fees; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. (1) For purposes of this section, the term
   18  “matchmaking service provider” means any person, agency, or
   19  software program that arranges or makes introductions for people
   20  seeking romantic partners or friends. The term includes online
   21  dating websites and mobile dating applications.
   22         (2) A matchmaking service provider that contracts or
   23  conducts matchmaking services within this state must include in
   24  its written contract with a member or user and, if the
   25  matchmaking service provider advertises or provides its services
   26  through a website, on its home page one of the following
   27  statements in bold print and capital letters:
   28         (a) ...(Matchmaking service provider’s name)... DOES NOT
   29  CONDUCT CRIMINAL HISTORY RECORDS CHECKS.
   30         (b) ...(Matchmaking service provider’s name)... CONDUCTS
   31  CRIMINAL HISTORY RECORDS CHECKS.
   32         (3) A matchmaking service provider may elect to conduct
   33  criminal history records checks on members or users.
   34         (a) If a matchmaking service provider that conducts a
   35  criminal history records check finds that a member or user has
   36  been convicted of a felony or a sex offense, it must inform any
   37  member or user who attempts to communicate with the member or
   38  user who has been convicted of a felony or a sex offense of that
   39  member’s or user’s criminal history.
   40         (b) A matchmaking service provider that conducts a criminal
   41  history records check must annually update the profiles of
   42  members or users and must retain records of each background
   43  check it conducts.
   44         (4) If a matchmaking service provider fails to include the
   45  appropriate notice as required in subsection (2) or fails to
   46  inform its members or users as required in subsection (3), a
   47  member or user may bring a civil suit against the matchmaking
   48  service provider. If a court finds that the matchmaking service
   49  provider violated subsection (2) or subsection (3), the
   50  matchmaking service provider must refund all moneys paid to the
   51  matchmaking service provider by the member or user who brought
   52  the suit and pay any associated attorney fees and court costs.
   53         Section 2. This act shall take effect July 1, 2016.