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





                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 230, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Patterson and Fasano offered the following:

12

13         Amendment (with title amendment) 

14         On page 3, line 17,

15

16  insert:

17         Section 1.  Section 443.1716, Florida Statutes, is

18  created to read:

19         443.1716  Authorized electronic access to employer

20  information.--

21         (1)  Notwithstanding any other provisions of this

22  chapter, the Department of Labor and Employment Security shall

23  contract with one or more consumer-reporting agencies to

24  provide creditors with secured electronic access to

25  employer-provided information relating to the quarterly wages

26  report submitted in accordance with the state's unemployment

27  compensation law. Such access is limited to the wage reports

28  for the preceding 16 calendar quarters.

29         (2)  Creditors must obtain written consent from the

30  credit applicant. Any such written consent from the credit

31  applicant must be signed and must include the following:

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    File original & 9 copies    04/27/99
    hbd0001                     10:00 am         00230-0026-600413




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 230, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (a)  Specific notice that the individual's wage and

 2  employment history information will be released to a

 3  consumer-reporting agency;

 4         (b)  Notice that such release is made for the sole

 5  purpose of reviewing a specific application for credit made by

 6  the individual;

 7         (c)  Notice that the files of the Department of Labor

 8  and Employment Security containing wage and employment history

 9  information submitted by the individual or his or her

10  employers may be accessed; and

11         (d)  A listing of the parties authorized to receive the

12  released information.

13         (3)  Consumer-reporting agencies and creditors

14  accessing information under this section must safeguard the

15  confidentiality of such information and shall use the

16  information only to support a single consumer credit

17  transaction for the creditor to satisfy standard financial

18  underwriting requirements or other requirements imposed upon

19  the creditor, and to satisfy the creditor's obligations under

20  applicable state or federal Fair Credit Reporting laws and

21  rules governing this section.

22         (4)  Should any consumer-reporting agency or creditor

23  violate any provision of this section, the Department of Labor

24  and Employment Security shall, upon thirty days written notice

25  to the consumer-reporting agency, terminate the contract

26  established between the department and the consumer-reporting

27  agency resulting from this section.

28         (5)  For purposes of this section, "creditor" has the

29  same meaning as set forth in the federal Fair Debt Collection

30  Practices Act, 15 U.S.C. s. 1692 et seq.

31         (6)  The Department of Labor and Employment Security

                                  2

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 230, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  shall establish minimum audit, security, net-worth, and

 2  liability-insurance standards, technical requirements, and any

 3  other terms and conditions considered necessary in the

 4  discretion of the state agency to safeguard the

 5  confidentiality of the information released under this section

 6  and to otherwise serve the public interest. The Department of

 7  Labor and Employment Security shall also include, in

 8  coordination with any necessary state agencies, necessary

 9  audit procedures to ensure that these rules are followed.

10         (7)  In contracting with one or more consumer-reporting

11  agencies under this section, any revenues generated by such

12  contract must be used to pay the entire cost of providing

13  access to the information. Further, in accordance with federal

14  regulations, any additional revenues generated by the

15  department or the state under this section must be paid into

16  the department's trust fund for the administration of the

17  unemployment compensation system.

18         (8)  The department may not provide wage and employment

19  history information to any consumer-reporting agency before

20  the consumer-reporting agency or agencies under contract with

21  the department pay all development and other startup costs

22  incurred by the state in connection with the design,

23  installation, and administration of technological systems and

24  procedures for the electronic-access program.

25         (9)  The release of any information under this section

26  must be for a purpose authorized by and in the manner

27  permitted by the United States Department of Labor and any

28  subsequent rules or regulations adopted by that department.

29         (10)  As used in this section, the term

30  "consumer-reporting agency" has the same meaning as that set

31  forth in the Federal Fair Credit Reporting Act, 15 U.S.C. s.

                                  3

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 230, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  1681a.

 2

 3

 4  ================ T I T L E   A M E N D M E N T ===============

 5  And the title is amended as follows:

 6         On page 1, line 3, after Security;

 7

 8  insert:

 9         unemployment compensation; creating 443.1716,

10         F.S.; requiring the Department of Labor and

11         Employment Security to contract with

12         consumer-reporting agencies to provide

13         creditors with secured electronic access to

14         employer-provided information relating to the

15         quarterly wages reports; providing conditions;

16         requiring consent from the credit applicant;

17         prescribing information that must be included

18         in the written consent; providing for

19         confidentiality; limiting use of the

20         information released; providing for termination

21         of contracts under certain circumstances;

22         defining the term "creditor"; requiring the

23         department to establish minimum audit,

24         security, net worth, and liability insurance

25         standards and other requirements it considers

26         necessary; providing that any revenues

27         generated from a contract with a consumer

28         reporting agency must be used to pay the entire

29         cost of providing access to the information;

30         providing that any additional revenues

31         generated must be paid into the department's

                                  4

    File original & 9 copies    04/27/99
    hbd0001                     10:00 am         00230-0026-600413




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 230, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         trust fund for the administration of the

 2         unemployment compensation system; providing

 3         restrictions on the release of information

 4         under the act; defining the term

 5         "consumer-reporting" agency;

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    File original & 9 copies    04/27/99
    hbd0001                     10:00 am         00230-0026-600413