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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 |
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to 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 citizens, 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 |
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be informed when viewing websites of online dating services as |
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to the potential risks to personal safety associated with online |
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dating. Also, requiring disclosures in the form of guidelines |
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for safer dating and informing residents as to whether a |
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criminal background screening has been conducted on members of |
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an online dating service fulfills a compelling state interest to |
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increase public awareness of the possible risks associated with |
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Internet 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. |
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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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(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 |
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dating service provider the information required by the provider |
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to 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 |
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you are going and when you will return. Never agree to be picked |
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up at your home. Always provide your own transportation to and |
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from your date and meet in a public place at a time with many |
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people 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 |
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or changes his or her registration to become a Florida member |
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and on the confirmation e-mail sent when a Florida member |
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completes 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 |
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the department if the department, while acting as the |
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clearinghouse, does not refer the matter to the Department of |
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Legal Affairs or the state attorney. Any penalties collected |
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shall accrue to the enforcing authority or the department's |
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Division of Consumer Services for further consumer enforcement |
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efforts. A private cause of action is not created under this |
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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 |
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communications between members of an online dating service |
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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 |
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to transport or handle the transmission of a communication by |
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any 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. |
