Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 656
                        Barcode 804820
                            CHAMBER ACTION
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11  The Committee on Commerce and Consumer Services (Lynn)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 501.005, Florida Statutes, is
19  created to read:
20         501.005  Consumer report security freeze.--
21         (1)  For purposes of this section, a "security freeze"
22  means a notice placed in a consumer report which prohibits a
23  consumer reporting agency, as defined in 15 U.S.C. s.
24  1681a(f), from releasing the consumer report, credit score, or
25  any information relating to the extension of credit which is
26  contained within the consumer report to a third party without
27  the express authorization of the consumer. This section does
28  not prevent a consumer reporting agency from advising a third
29  party that a security freeze is in effect with respect to the
30  consumer report. For purposes of this part, the term "consumer
31  report" has the same meaning set forth in 15 U.S.C. s.
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 656 Barcode 804820 1 1681a(d). 2 (2) A consumer may place a security freeze on his or 3 her consumer report by: 4 1. Making a request in writing by certified mail to a 5 consumer reporting agency; 6 2. Including information that properly identifies the 7 consumer; and 8 3. Paying a fee authorized under this section. 9 (3) A consumer reporting agency shall place a security 10 freeze on a consumer report no later than 5 business days 11 after receiving a request from the consumer. 12 (4) The consumer reporting agency shall send a written 13 confirmation of the security freeze to the consumer within 10 14 business days after instituting the security freeze and shall 15 provide the consumer with a unique personal identification 16 number or password to be used by the consumer when providing 17 authorization for the removal of a security freeze on his or 18 her consumer report pursuant to subsection (5) or subsection 19 (11). 20 (5) A consumer may allow his or her consumer report to 21 be accessed for a designated period of time while a security 22 freeze is in effect by contacting the consumer reporting 23 agency and requesting that the freeze be temporarily lifted. 24 The consumer must provide the following information to the 25 consumer reporting agency as part of the request: 26 (a) Proper identification as determined by the 27 consumer reporting agency. 28 (b) The unique personal identification number or 29 password provided by the consumer reporting agency pursuant to 30 subsection (4). 31 (c) Information specifying the period of time for 2 1:50 PM 03/13/06 s0656d-cm07-z8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 656 Barcode 804820 1 which the report shall be made available. 2 (d) Payment of a fee authorized by this section. 3 (6) A consumer reporting agency that receives a 4 request from a consumer to temporarily lift a freeze on a 5 consumer report pursuant to subsection (5) shall comply with 6 the request no later than 3 business days after receiving the 7 request. 8 (7) A consumer reporting agency doing business in this 9 state shall develop telephonic communication or any form of 10 secure electronic media to receive and process a request from 11 a consumer pursuant to subsection (5). 12 (8) A consumer reporting agency shall temporarily lift 13 or remove a security freeze placed on a consumer report only 14 in the following instances: 15 (a) Upon consumer request, pursuant to subsection (5) 16 or subsection (11). 17 (b) If the consumer report was frozen due to a 18 material misrepresentation of fact by the consumer. If a 19 consumer reporting agency intends to remove a security freeze 20 on a consumer report pursuant to this paragraph, the consumer 21 reporting agency shall notify the consumer in writing prior to 22 removing the security freeze. 23 (9) A third party requesting access to a consumer 24 report on which a security freeze is in effect in connection 25 with an application for credit or other permissible use may 26 treat the application as incomplete if the consumer has not 27 authorized a temporary lifting of the security freeze for the 28 period of time during which the request is made. 29 (10) If a consumer requests a security freeze, the 30 consumer reporting agency shall disclose to the consumer all 31 information relevant to the process of instituting, 3 1:50 PM 03/13/06 s0656d-cm07-z8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 656 Barcode 804820 1 temporarily lifting, and removing a security freeze and shall 2 include the disclosure required by subsection (17). 3 (11) A security freeze shall remain in place until the 4 consumer requests that it be removed. A consumer reporting 5 agency shall remove a security freeze within 3 business days 6 after receiving a request for removal from the consumer, who, 7 upon making the request for removal, must provide the 8 following: 9 (a) Proper identification as determined by the 10 consumer reporting agency. 11 (b) The unique personal identification number or 12 password provided by the consumer reporting agency pursuant to 13 subsection (4). 14 (c) Payment of a fee authorized under this section. 15 (12) The provisions of this section do not apply to 16 the use of a consumer report by the following persons or for 17 the following reasons: 18 (a) A person to whom the consumer owes a financial 19 obligation or a subsidiary, affiliate, or agent of the person, 20 or an assignee of a financial obligation owed by the consumer 21 to the person, or a prospective assignee of a financial 22 obligation owed by the consumer to the person in conjunction 23 with the proposed purchase of the financial obligation, with 24 which the consumer has or had prior to assignment an account 25 or contract, including a deposit account, or to whom the 26 consumer issued a negotiable instrument, for the purposes of 27 reviewing the account or collecting the financial obligation 28 owed for the account, contract, or negotiable instrument. For 29 purposes of this paragraph, "reviewing the account" includes 30 activities related to account maintenance, monitoring, credit 31 line increases, and account upgrades and enhancements. 4 1:50 PM 03/13/06 s0656d-cm07-z8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 656 Barcode 804820 1 (b) A subsidiary, affiliate, agent, assignee, or 2 prospective assignee of a person to whom access has been 3 granted under this section for purposes of facilitating the 4 extension of credit or other permissible use. 5 (c) A state agency acting within its lawful 6 investigative or regulatory authority. 7 (d) A state or local law enforcement agency acting to 8 investigate a crime or conducting a criminal background check. 9 (e) Any person administering a credit file monitoring 10 subscription service to which the consumer has subscribed. 11 (f) Any person for the purpose of providing a consumer 12 with a copy of the consumer report upon the consumer's 13 request. 14 (g) Pursuant to a court order lawfully entered. 15 (h) The use of credit information for the purposes of 16 prescreening as provided for by the federal Fair Credit 17 Reporting Act. 18 (i) Any person in connection with the underwriting of 19 insurance. 20 (13) A consumer reporting agency shall not charge any 21 fee to a victim of identity theft who has submitted, at the 22 time the security freeze is requested, a copy of a valid 23 investigative or incident report or complaint with a law 24 enforcement agency about the unlawful use of the victim's 25 identifying information by another person. A consumer 26 reporting agency may charge a reasonable fee, not to exceed 27 $10, to a consumer who elects to place, remove, or temporarily 28 lift a security freeze on his or her consumer report. A 29 consumer may be charged a reasonable fee, not to exceed $10, 30 if the consumer fails to retain the original personal 31 identification number or password provided by the consumer 5 1:50 PM 03/13/06 s0656d-cm07-z8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 656 Barcode 804820 1 reporting agency, and the agency must reissue the personal 2 identification number or password or provide a new personal 3 identification number or password to the consumer. 4 (14) If a security freeze is in effect, a consumer 5 reporting agency shall not change any of the following 6 official information in a consumer report without sending a 7 written confirmation of the change to the consumer within 30 8 days after the change is posted to the consumer's file: 9 (a) Name. 10 (b) Address. 11 (c) Date of birth. 12 (d) Social security number. 13 14 Written confirmation is not required for technical corrections 15 of a consumer's official information, including name and 16 street abbreviations, complete spellings, or transposition of 17 numbers or letters. In the case of an address change, the 18 written confirmation shall be sent to both the new address and 19 the former address. 20 (15) The provisions of this section do not apply to 21 the following entities: 22 (a) A check services company, which issues 23 authorizations for the purpose of approving or processing 24 negotiable instruments, electronic funds transfers, or similar 25 methods of payment. 26 (b) A deposit account information service company, 27 which issues reports regarding account closures due to fraud, 28 substantial overdrafts, automatic teller machine abuse, or 29 similar negative information regarding a consumer to inquiring 30 banks or other financial institutions for use only in 31 reviewing a consumer request for a deposit account at the 6 1:50 PM 03/13/06 s0656d-cm07-z8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 656 Barcode 804820 1 inquiring bank or financial institution, as defined in s. 2 655.005(1)(g) or (h), or in federal law. 3 (c) A consumer reporting agency that acts only as a 4 reseller of credit information by assembling and merging 5 information contained in the database of another consumer 6 reporting agency or multiple consumer reporting agencies and 7 does not maintain a permanent database of credit information 8 from which new consumer reports are produced. However, a 9 consumer reporting agency shall honor any security freeze 10 placed on a consumer report by another consumer reporting 11 agency. 12 (d) A fraud prevention services company issuing 13 reports to prevent or investigate fraud. 14 (16) In addition to any other penalties or remedies 15 provided under law, a person who is aggrieved by a violation 16 of the provisions of this section may bring a civil action as 17 authorized by this subsection. 18 (a) Any person who willfully fails to comply with any 19 requirement imposed under this section with respect to any 20 consumer is liable to that consumer for actual damages 21 sustained by the consumer as a result of the failure of not 22 less than $100 and not more than $1,000, plus the cost of the 23 action together with reasonable attorney's fees. 24 (b) Any individual who obtains a consumer report under 25 false pretenses or knowingly without a permissible purpose is 26 liable to the consumer for actual damages sustained by the 27 consumer as a result of the failure or damages of not less 28 than $100 and not more than $1,000, whichever is greater. Any 29 person who obtains a consumer report from a consumer reporting 30 agency under false pretenses or knowingly without a 31 permissible purpose is liable to the consumer reporting agency 7 1:50 PM 03/13/06 s0656d-cm07-z8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 656 Barcode 804820 1 for actual damages sustained by the consumer reporting agency 2 or $1,000, whichever is greater. 3 (c) Punitive damages may be assessed for willful 4 violations of this section. 5 (d) Any person who is negligent in failing to comply 6 with any requirement imposed under this section with respect 7 to any consumer is liable to that consumer for any actual 8 damages sustained by the consumer as a result of the failure 9 of not less than $100 and not more than $1,000. 10 (e) Upon a finding by the court that an unsuccessful 11 pleading, motion, or other paper filed in connection with an 12 action under this subsection was filed in bad faith or for 13 purposes of harassment, the court shall award to the 14 prevailing party attorney's fees that are reasonable in 15 relation to the work performed in responding to the pleading, 16 motion, or other paper. 17 (17) Any written disclosure by a consumer reporting 18 agency, pursuant to 15 U.S.C. s. 1681g, to any consumer 19 residing in this state shall include a written summary of all 20 rights the consumer has under this section, and, in the case 21 of a consumer reporting agency which compiles and maintains 22 consumer reports on a nationwide basis, a toll-free telephone 23 number that the consumer can use to communicate with the 24 consumer reporting agency. The information set forth in 25 paragraph (b) of the written summary of rights must be in at 26 least 14-point boldface type in capital letters. The written 27 summary of rights required under this section is sufficient if 28 it is substantially in the following form: 29 (a) You have a right to place a "security freeze" on 30 your consumer report, which will prohibit a consumer reporting 31 agency from releasing any information in your consumer report 8 1:50 PM 03/13/06 s0656d-cm07-z8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 656 Barcode 804820 1 without your express authorization. A security freeze must be 2 requested in writing by certified mail to a consumer reporting 3 agency. The security freeze is designed to prevent credit, 4 loans, and services from being approved in your name without 5 your consent. 6 (b) YOU SHOULD BE AWARE THAT USING A SECURITY FREEZE 7 TO CONTROL ACCESS TO THE PERSONAL AND FINANCIAL INFORMATION IN 8 YOUR CONSUMER REPORT MAY DELAY, INTERFERE WITH, OR PROHIBIT 9 THE TIMELY APPROVAL OF ANY SUBSEQUENT REQUEST OR APPLICATION 10 YOU MAKE REGARDING A NEW LOAN, CREDIT, MORTGAGE, INSURANCE, 11 GOVERNMENT SERVICES OR PAYMENTS, RENTAL HOUSING, EMPLOYMENT, 12 INVESTMENT, LICENSE, CELLULAR PHONE, UTILITIES, DIGITAL 13 SIGNATURE, INTERNET CREDIT CARD TRANSACTION, OR OTHER 14 SERVICES, INCLUDING AN EXTENSION OF CREDIT AT POINT OF SALE. 15 (c) When you place a security freeze on your consumer 16 report, you will be provided a personal identification number 17 or password to use if you choose to remove the freeze on your 18 consumer report or authorize the release of your consumer 19 report for a designated period of time after the security 20 freeze is in place. To provide that authorization, you must 21 contact the consumer reporting agency and provide all of the 22 following: 23 1. The personal identification number or password. 24 2. Proper identification to verify your identity. 25 3. Information specifying the period of time for which 26 the report shall be made available. 27 4. Payment of a fee authorized under this section. 28 (d) A consumer reporting agency must authorize the 29 release of your consumer report no later than 3 business days 30 after receiving the above information. 31 (e) A security freeze does not apply to a person or 9 1:50 PM 03/13/06 s0656d-cm07-z8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 656 Barcode 804820 1 entity, or its affiliates, or collection agencies acting on 2 behalf of the person or entity, with which you have an 3 existing account, which requests information in your consumer 4 report for the purposes of reviewing or collecting the 5 account. Reviewing the account includes activities related to 6 account maintenance, monitoring, credit line increases, and 7 account upgrades and enhancements. 8 (f) You have the right to bring a civil action against 9 anyone, including a consumer reporting agency, who fails to 10 comply with the provisions of s. 501.005, Florida Statutes, 11 which governs the placing of a consumer report security freeze 12 on your consumer report. 13 Section 2. This act shall take effect July 1, 2006. 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 Delete everything before the enacting clause 19 20 and insert: 21 A bill to be entitled 22 An act relating to security of consumer report 23 information; creating s. 501.005, F.S.; 24 defining the term "security freeze"; 25 authorizing a consumer to place a security 26 freeze on his or her consumer report; providing 27 procedures and requirements with respect to the 28 placement, temporary suspension, and removal of 29 a security freeze on a consumer report; 30 authorizing a consumer to allow specified 31 temporary access to his or her consumer report 10 1:50 PM 03/13/06 s0656d-cm07-z8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 656 Barcode 804820 1 during a security freeze; providing procedures 2 with respect to such temporary access; 3 providing for removal of a security freeze when 4 a consumer report is frozen due to a material 5 misrepresentation of fact by the consumer; 6 providing applicability; prohibiting a consumer 7 reporting agency from charging a fee to a 8 victim of identity theft who requests a 9 security freeze on a consumer report; 10 authorizing consumer reporting agencies to 11 charge a fee to place, remove, or temporarily 12 lift a security freeze and to reissue a 13 personal identification number; restricting the 14 change of specified information in a consumer 15 report when a security freeze is in effect; 16 specifying applicability with respect to 17 certain consumer reporting agencies; specifying 18 entities that are exempt from placing a 19 security freeze on a consumer report; providing 20 for civil remedy; providing requirements with 21 respect to written disclosure by a consumer 22 reporting agency of procedures and consumer 23 rights associated with a security freeze; 24 providing an effective date. 25 26 27 28 29 30 31 11 1:50 PM 03/13/06 s0656d-cm07-z8b