It is currently Tue Oct 22, 2019 6:19 am


Dating Industry and Matchmaking Industry Forums

Business Message Board for the Dating, Online Personals, Social Dating, Mobile Dating, Dating Affiliate and Matchmaking Industry

All times are UTC




Bookmark This Topic   Delicious   Digg   Reddit   Furl   Facebook   Technorati

Post new topic Reply to topic  [ 2 posts ] 
Author Message
PostPosted: Tue Mar 29, 2005 12:47 am 
Provided to InternetDatingConference.com courtesy of the Florida State Legislature



Florida Senate - 2005 SB 1768
By Senator Crist
12-885A-05 See HB


A bill to be entitled

An act relating to online dating services;
providing definitions;
requiring criminal background checks before allowing a member of a dating service to perform certain acts;
providing exceptions;
requiring disclosures in certain circumstances;
requiring each service to establish a policy concerning criminal background check results;
providing minimum requirements for a policy;
requiring opportunities for certain persons to review the policy;
requiring a specified disclosure on the profile of a person having a criminal conviction;
providing for civil actions for violations of the act; providing for damages, including specified liquidated damages, costs, and attorney's fees;
providing for actions by the Attorney General to enforce the act;
providing specified immunity for the state;
providing for criminal violations of the act;
providing penalties; providing that specified
acts by operators do not violate the act;
providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1

Definitions.--As used in this act:

(1) "Communicate" or "communicating" means free-form text or real-time voice communication.

(2) "Criminal background check" means a search for a person's felony and sexual offense convictions by one of the following means:

(a) Through the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification used by the Federal Bureau of Investigation.

(b) Through the criminal history record systems maintained by each of the 50 states and the District of Columbia.

(c) Through a private vendor whose database contains more than 170,000,000 criminal records, has substantially national coverage, is updated at least once every 30 days, and is operated and maintained in the United States.

(d) Through a database search conducted by the Florida Department of Law Enforcement and one of the searches provided for in paragraphs (a)-(c).

(3) "Member" means a person who is either a member or who submits a profile or other information for the purpose of dating, matrimonial, or social referral services to an online dating service provider.

(4) "Online dating service provider" or "provider" means a person or organization engaged, directly or indirectly, in the business of offering, promoting, or providing access to dating, relationship, compatibility, matrimonial, or social referral services primarily through the Internet.

Section 2.

Criminal background check; required disclosures.--

(1) An online dating service provider that provides services to residents of this state shall do one of the following:

(a) Conduct a criminal background check for each member using the online dating service before allowing that person to communicate with another person through the service.

(b) Disclose clearly and conspicuously, to all website visitors residing in this state, on the provider's homepage and all other pages where visitors or members first enter the provider's website, on the profile page, and on all e-mails sent through the service by communicating members, within the top one-third of the webpage, that the online dating service provider has not conducted criminal background checks under paragraph (a). The disclosure shall state the following:

"WARNING: [NAME OF PROVIDER] HAS NOT CONDUCTED FELONY OR SEXUAL OFFENSE BACKGROUND CHECKS ON ITS MEMBERS."

(c) If the provider conducts a criminal background check as provided in section 1(2)(b), display through a readily accessible link on the provider's homepage, within the top one-third of the webpage visible after selecting the disclosure link, a conspicuous disclosure that states the following:

"WARNING: BASED SOLELY ON THE NAME PROVIDED BY THE MEMBER, [NAME OF PROVIDER] HAS CONDUCTED A CRIMINAL BACKGROUND CHECK THROUGH THE CRIMINAL HISTORY RECORD SYSTEMS MAINTAINED BY EACH OF THE 50 STATES AND THE DISTRICT OF COLUMBIA."

(d) If the provider conducts a criminal background check as provided in section 1(2)(c), display through a readily accessible link on the provider's homepage, within the top one-third of the webpage visible after selecting the disclosure link, a conspicuous disclosure that states the following:

"WARNING: BASED SOLELY ON THE NAME PROVIDED BY THE MEMBER, [NAME OF PROVIDER] HAS CONDUCTED A CRIMINAL DATABASE SEARCH THROUGH A PRIVATE VENDOR WHOSE RECORDS MAY NOT INCLUDE ALL CONVICTIONS FROM ALL JURISDICTIONS. CONTACT [NAME OF PROVIDER] FOR INFORMATION REGARDING WHICH JURISDICTIONS ARE INCLUDED."

(e)1. If the provider conducts a criminal background check as provided in section 1(2)(d), display through a readily accessible link on the provider's homepage, within the top one-third of the webpage visible after selecting the disclosure link, a conspicuous disclosure that states the following:

"WARNING: BASED SOLELY ON THE NAME PROVIDED BY THE MEMBER, [NAME OF PROVIDER] HAS CONDUCTED A CRIMINAL DATABASE SEARCH THROUGH FLORIDA RECORDS MAINTAINED BY THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT."

2. If the provider has made the required additional search under section 1(2)(d) using the method provided in section 1(2)(b) or section 1(2)(c), a sentence shall be added to the disclaimer as follows: a. If the additional search was done pursuant to
section 1(2)(b), add the following:

[i]"ADDITIONALLY, [NAME OF PROVIDER] HAS CONDUCTED A CRIMINAL BACKGROUND CHECK THROUGH THE
CRIMINAL HISTORY RECORD SYSTEMS MAINTAINED BY EACH OF THE 50 STATES AND THE DISTRICT OF COLUMBIA."


b. If the additional search was done pursuant to section 1(2)(c), add the following:

"ADDITIONALLY, [NAME OF PROVIDER] HAS CONDUCTED A CRIMINAL BACKGROUND CHECK THROUGH A PRIVATE VENDOR WHOSE RECORDS MAY NOT INCLUDE ALL CONVICTIONS FROM ALL JURISDICTIONS. CONTACT [NAME OF PROVIDER] FOR INFORMATION REGARDING WHICH JURISDICTIONS ARE INCLUDED."

(2) An online dating service provider that conducts criminal background checks shall update each criminal background check at least once every 90 days.

Section 3.

Provider policy.--

(1) Each online dating service provider shall establish a policy that conforms to the requirements of this act as to what actions the provider will initiate as a result of information obtained through a criminal background check or database search. At a minimum, the policy shall contain the following:

(a) An acknowledgement that criminal background checks are not a perfect safety solution and an acknowledgement that criminals may circumvent even the most sophisticated search technology.

(b) An acknowledgement that only felony convictions, not all arrests, are covered by the criminal background checks, unless the provider uses the Federal Bureau of Investigation database.

(c) An acknowledgement that first-time offenders can commit crimes and will not have a prior criminal conviction.

(d) A description of additional safety measures reasonably designed to increase awareness of safer dating practices.

(e) A statement clearly describing whether the provider excludes from its website all persons identified as having a criminal conviction.

(2) A copy of the policy established under subsection (1) shall be made available to each person who applies for membership with the provider.

(3) The provider's homepage shall contain a link that will allow a person to review the policy established under subsection (1).

(4) If a provider chooses not to exclude from its website all persons identified as having a criminal conviction, then the provider shall prominently disclose on the profile of each such person when shown or sent to a member residing in this state the following warning:

"WARNING: THIS PERSON HAS BEEN IDENTIFIED AS HAVING A PRIOR CRIMINAL CONVICTION."

Section 4.

Civil remedies.--

(1) A civil action may be brought by a person who suffers damages as a result of a violation of this act.

(2) In an action brought under this section, a person who suffers damages as a result of a violation of this act may recover actual costs, actual and reasonable attorney's fees, and the greater of the following:

(a) Actual damages; or

(b) Damages of $250 for each day for which the requirements of this act are not met.

(3) If the online dating service provider fails to meet the disclosure requirements of this act for any of its members or visitors, such failure constitutes a separate violation for each member or visitor for whom the required disclosure was not provided.

(4) A civil action may be brought by the Attorney General against a violator of this act as provided in this section. However, existence of the right of action in this subsection does not impose any liability on the state or its agents.

Section 5.

Criminal violations.--

(1) A person who violates this act commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, except that, as provided in s. 775.083(1)(g), a fine of $250 is authorized for each day for which the requirements of this act are not met.

(2) If the online dating service provider fails to meet the disclosure requirements of this act for any of its members or visitors, each such failure constitutes a separate violation for each person for whom the required disclosure was not provided.

Section 6.

Provider acting as intermediary.

A provider does not violate this act as a result of being an intermediary between the sender and recipient in the transmission of a message that violates this act.

Section 7.

This act shall take effect upon becoming a law.
[/url]


Top
  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 2 posts ] 

All times are UTC


Who is online

Users browsing this forum: JaneRom, JoeSkeni, Paulnof and 10 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group

phpBB SEO
301 Moved Permanently

Moved Permanently

The document has moved here.


Apache/2.4.29 (Ubuntu) Server at internetdatingconference.com Port 80