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:
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13 Amendment (with title amendment)
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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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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
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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 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.
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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 1681a.
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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;
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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
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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