House Bill 1759
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1759
By Representatives Patterson, Hart and Fasano
1 A bill to be entitled
2 An act relating to unemployment compensation;
3 creating 443.1716, F.S.; requiring the
4 Department of Labor and Employment Security to
5 contract with consumer-reporting agencies to
6 provide creditors with secured electronic
7 access to employer-provided information
8 relating to the quarterly wages reports;
9 providing conditions; requiring consent from
10 the credit applicant; prescribing information
11 that must be included in the written consent;
12 limiting use of the information released;
13 requiring the department to establish minimum
14 audit, security, net worth, and liability
15 insurance standards and other requirements it
16 considers necessary; providing that any
17 revenues generated from a contract with a
18 consumer reporting agency must be used to pay
19 the entire cost of providing access to the
20 information; providing that any additional
21 revenues generated must be paid into the
22 department's trust fund for the administration
23 of the unemployment compensation system;
24 providing restrictions on the release of
25 information under the act; defining the term
26 "consumer-reporting" agency; providing an
27 effective date.
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29 Be It Enacted by the Legislature of the State of Florida:
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Florida House of Representatives - 1999 HB 1759
719-101-99
1 Section 1. Section 443.1716, Florida Statutes, is
2 created to read:
3 443.1716 Authorized electronic access to employer
4 information.--
5 (1) Notwithstanding any other provisions of this
6 chapter, the Department of Labor and Employment Security shall
7 contract with one or more consumer-reporting agencies to
8 provide creditors with secured electronic access to
9 employer-provided information relating to the quarterly wages
10 report submitted in accordance with the state's unemployment
11 compensation law. Such access is subject to s. 119.07(1) and
12 s. 24(a) of Art. I of the State Constitution and the federal
13 Fair Credit Reporting Act (15 U.S.C. s. 1681a), and is limited
14 to the wage reports for the preceding 16 calendar quarters.
15 (2) Qualified creditors must obtain written consent
16 from the credit applicant. Any such written consent from the
17 credit applicant must be signed and must include the
18 following:
19 (a) Specific notice that the individual's wage and
20 employment history information will be released to an approved
21 consumer reporting agency;
22 (b) Notice that such release is made for the sole
23 purpose of reviewing a specific application for credit made by
24 the individual;
25 (c) Notice that the files of the Department of Labor
26 and Employment Security containing wage and employment history
27 information submitted by the individual or his or her
28 employers may be accessed; and
29 (d) A listing of the parties authorized to receive the
30 released information.
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Florida House of Representatives - 1999 HB 1759
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1 (3) The information released under this section may be
2 used only to support a single consumer credit transaction for
3 a subscriber to satisfy standard financial underwriting
4 requirements or other requirements imposed upon the subscriber
5 and to satisfy the subscriber's obligations under applicable
6 state or federal Fair Credit Reporting laws and rules
7 governing this section.
8 (4) The Department of Labor and Employment Security
9 shall establish minimum audit, security, net-worth, and
10 liability-insurance standards, technical requirements, and any
11 other terms and conditions considered necessary in the
12 discretion of the state agency to safeguard the
13 confidentiality of the information released under this section
14 and to otherwise serve the public interest. The Department of
15 Labor and Employment Security shall also include, in
16 coordination with any necessary state agencies, necessary
17 audit procedures to ensure that these rules are followed.
18 (5) In contracting with one or more consumer-reporting
19 agencies under this section, any revenues generated by such
20 contract must be used to pay the entire cost of providing
21 access to the information. Further, in accordance with federal
22 regulations, any additional revenues generated by the
23 department or the state under this section must be paid into
24 the department's trust fund for the administration of the
25 unemployment compensation system.
26 (6) The department may not provide wage and employment
27 history information to any consumer-reporting agency before
28 the consumer-reporting agency or agencies under contract with
29 the department pay all development and other startup costs
30 incurred by the state in connection with the design,
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Florida House of Representatives - 1999 HB 1759
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1 installation, and administration of technological systems and
2 procedures for the electronic-access program.
3 (7) The release of any information under this section
4 must be for a purpose authorized by and in the manner
5 permitted by the United States Department of Labor and any
6 subsequent rules or regulations adopted by that department.
7 (8) As used in this section, the term
8 "consumer-reporting agency" has the same meaning as that set
9 forth in the Federal Fair Credit Reporting Act, 15 U.S.C. s.
10 1681a.
11 Section 2. This act shall take effect July 1, 1999.
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14 SENATE SUMMARY
15 Requires the Department of Labor and Employment Security
to contract with consumer-reporting agencies to provide
16 creditors with secured electronic access to
employer-provided information relating to the quarterly
17 wages reports submitted pursuant to the unemployment
compensation law. Specifies conditions. Requires consent
18 from the credit applicant. Prescribes information that
must be included in the written consent and limits the
19 use of the information released. Requires the department
to establish minimum audit, security, net-worth, and
20 liability-insurance standards and other requirements it
considers necessary. Provides that any revenues generated
21 from a contract with a consumer-reporting agency must be
used to pay the entire cost of providing access to the
22 information. Provides that any additional revenues
generated must be paid into the department's trust fund
23 for the administration of the unemployment compensation
system. Provides restrictions on the release of
24 information under the act. Defines the term
"consumer-reporting agency."
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