Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 656
                        Barcode 880236
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 1/AD/3R          .                    
       04/26/2006 05:15 PM         .                    
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11  Senator Peaden moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, line 19, through
15            page 9, line 28, delete those lines
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17  and insert:  information contained within the consumer report
18  to a third party without the express authorization of the
19  consumer. This section does not prevent a consumer reporting
20  agency from advising a third party that a security freeze is
21  in effect with respect to the consumer report. For purposes of
22  this part, the term "consumer report" has the same meaning set
23  forth in 15 U.S.C. s. 1681a(d).
24         (2)  A consumer may place a security freeze on his or
25  her consumer report by:
26         (a)  Making a request in writing by certified mail to a
27  consumer reporting agency.
28         (b)  Including information that properly identifies the
29  consumer.
30         (c)  Paying a fee authorized under this section.
31         (3)  A consumer reporting agency shall place a security
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 656 Barcode 880236 1 freeze on a consumer report no later than 5 business days 2 after receiving a request from the consumer. 3 (4) The consumer reporting agency shall send a written 4 confirmation of the security freeze to the consumer within 10 5 business days after instituting the security freeze and shall 6 provide the consumer with a unique personal identification 7 number or password to be used by the consumer when providing 8 authorization for the removal of a security freeze on his or 9 her consumer report pursuant to subsection (5) or subsection 10 (11). 11 (5) A consumer may allow his or her consumer report to 12 be accessed for a designated period of time while a security 13 freeze is in effect by contacting the consumer reporting 14 agency and requesting that the freeze be temporarily lifted. 15 The consumer must provide the following information to the 16 consumer reporting agency as part of the request: 17 (a) Proper identification as determined by the 18 consumer reporting agency. 19 (b) The unique personal identification number or 20 password provided by the consumer reporting agency pursuant to 21 subsection (4). 22 (c) Information specifying the period of time for 23 which the report shall be made available. 24 (d) Payment of a fee authorized by this section. 25 (6) A consumer reporting agency that receives a 26 request from a consumer to temporarily lift a freeze on a 27 consumer report pursuant to subsection (5) shall comply with 28 the request no later than 3 business days after receiving the 29 request. 30 (7) No later than July 1, 2007, a consumer reporting 31 agency doing business in this state shall select and develop a 2 2:58 PM 04/20/06 s0656c2c-02-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 656 Barcode 880236 1 secure electronic contact method, which may include the use of 2 telephone, fax, the Internet, or other secure electronic 3 means, by which to receive and process requests from consumers 4 to temporarily lift a freeze on a consumer report pursuant to 5 subsection (5). 6 (8) A consumer reporting agency shall temporarily lift 7 or remove a security freeze placed on a consumer report only 8 in the following instances: 9 (a) Upon consumer request, pursuant to subsection (5) 10 or subsection (11). 11 (b) If the consumer report was frozen due to a 12 material misrepresentation of fact by the consumer. If a 13 consumer reporting agency intends to remove a security freeze 14 on a consumer report pursuant to this paragraph, the consumer 15 reporting agency must notify the consumer in writing before 16 removing the security freeze. 17 (9) A third party requesting access to a consumer 18 report on which a security freeze is in effect in connection 19 with an application for credit or other permissible use may 20 treat the application as incomplete if the consumer has not 21 authorized a temporary lifting of the security freeze for the 22 period of time during which the request is made. 23 (10) If a consumer requests a security freeze, the 24 consumer reporting agency shall disclose to the consumer all 25 information relevant to the process of instituting, 26 temporarily lifting, and removing a security freeze and shall 27 include the disclosure required by subsection (17). 28 (11) A security freeze shall remain in place until the 29 consumer requests that it be removed. A consumer reporting 30 agency shall remove a security freeze within 3 business days 31 after receiving a request for removal from the consumer, who, 3 2:58 PM 04/20/06 s0656c2c-02-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 656 Barcode 880236 1 upon making the request for removal, must provide the 2 following: 3 (a) Proper identification as determined by the 4 consumer reporting agency. 5 (b) The unique personal identification number or 6 password provided by the consumer reporting agency pursuant to 7 subsection (4). 8 (c) Payment of a fee authorized by this section. 9 (12) This section does not apply to the use of a 10 consumer report by the following persons or for the following 11 reasons: 12 (a) A person to whom the consumer owes a financial 13 obligation or a subsidiary, affiliate, or agent of the person, 14 or an assignee of a financial obligation owed by the consumer 15 to the person, or a prospective assignee of a financial 16 obligation owed by the consumer to the person in conjunction 17 with the proposed purchase of the financial obligation, with 18 which the consumer has or had prior to assignment an account 19 or contract, including a deposit account, or to whom the 20 consumer issued a negotiable instrument, for the purposes of 21 reviewing the account or collecting the financial obligation 22 owed for the account, contract, or negotiable instrument. For 23 purposes of this paragraph, "reviewing the account" includes 24 activities related to account maintenance, monitoring, credit 25 line increases, and account upgrades and enhancements. 26 (b) A subsidiary, affiliate, agent, assignee, or 27 prospective assignee of a person to whom access has been 28 granted under this section for purposes of facilitating the 29 extension of credit or other permissible use. 30 (c) A state agency acting within its lawful 31 investigative or regulatory authority. 4 2:58 PM 04/20/06 s0656c2c-02-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 656 Barcode 880236 1 (d) A state or local law enforcement agency acting to 2 investigate a crime or conducting a criminal background check. 3 (e) Any person administering a credit file monitoring 4 subscription service to which the consumer has subscribed. 5 (f) Any person for the purpose of providing a consumer 6 with a copy of the consumer report upon the consumer's 7 request. 8 (g) Pursuant to a court order lawfully entered. 9 (h) The use of credit information for the purposes of 10 prescreening as provided for by the federal Fair Credit 11 Reporting Act. 12 (i) Any insurance company for use in setting or 13 adjusting a rate, adjusting a claim, or underwriting for 14 insurance purposes. 15 (j) A consumer reporting agency's database or file 16 which consists entirely of information concerning, and is used 17 solely for, one or more of the following: 18 1. Criminal record information. 19 2. Personal loss history information. 20 3. Fraud prevention or detection. 21 4. Tenant screening. 22 5. Employment screening. 23 (13)(a) A consumer reporting agency may charge a 24 reasonable fee, not to exceed $10, to a consumer who elects to 25 place, remove, or temporarily lift a security freeze on his or 26 her consumer report. 27 (b) A consumer reporting agency may not charge any 28 fee: 29 1. To a consumer 65 years of age or older for the 30 initial placement or removal of a security freeze; or 31 2. To a victim of identity theft who has submitted, at 5 2:58 PM 04/20/06 s0656c2c-02-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 656 Barcode 880236 1 the time the security freeze is requested, a copy of a valid 2 investigative or incident report or complaint with a law 3 enforcement agency about the unlawful use of the victim's 4 identifying information by another person. 5 (c) A consumer reporting agency may charge a 6 reasonable fee, not to exceed $10, if the consumer fails to 7 retain the original personal identification number or password 8 provided by the consumer reporting agency and the agency must 9 reissue the personal identification number or password or 10 provide a new personal identification number or password to 11 the consumer. 12 (14) If a security freeze is in effect, a consumer 13 reporting agency may not change any of the following official 14 information in a consumer report without sending a written 15 confirmation of the change to the consumer within 30 days 16 after the change is posted to the consumer's file: 17 (a) Name. 18 (b) Address. 19 (c) Date of birth. 20 (d) Social security number. 21 22 Written confirmation is not required for technical corrections 23 of a consumer's official information, including name and 24 street abbreviations, complete spellings, or transposition of 25 numbers or letters. In the case of an address change, the 26 written confirmation must be sent to both the new address and 27 the former address. 28 (15) This section does not apply to the following 29 entities: 30 (a) A check services company, which issues 31 authorizations for the purpose of approving or processing 6 2:58 PM 04/20/06 s0656c2c-02-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 656 Barcode 880236 1 negotiable instruments, electronic funds transfers, or similar 2 methods of payment. 3 (b) A deposit account information service company, 4 which issues reports regarding account closures due to fraud, 5 substantial overdrafts, automatic teller machine abuse, or 6 similar negative information regarding a consumer to inquiring 7 banks or other financial institutions for use only in 8 reviewing a consumer request for a deposit account at the 9 inquiring bank or financial institution, as defined in s. 10 655.005(1)(g) or (h), or in federal law. 11 (c) A consumer reporting agency that acts only as a 12 reseller of credit information by assembling and merging 13 information contained in the database of another consumer 14 reporting agency or multiple consumer reporting agencies and 15 does not maintain a permanent database of credit information 16 from which new consumer reports are produced. However, a 17 consumer reporting agency shall honor any security freeze 18 placed, removed, or temporary lifted on a consumer report by 19 another consumer reporting agency. 20 (d) A fraud prevention services company issuing 21 reports to prevent or investigate fraud. 22 (16) In addition to any other penalties or remedies 23 provided under law, a person who is aggrieved by a violation 24 of the provisions of this section may bring a civil action as 25 authorized by this subsection. 26 (a) Any person who willfully fails to comply with any 27 requirement imposed under this section with respect to any 28 consumer is liable to that consumer for actual damages 29 sustained by the consumer as a result of the failure of not 30 less than $100 and not more than $1,000, plus the cost of the 31 action together with reasonable attorney's fees. 7 2:58 PM 04/20/06 s0656c2c-02-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 656 Barcode 880236 1 (b) Any individual who obtains a consumer report under 2 false pretenses or knowingly without a permissible purpose is 3 liable to the consumer for actual damages sustained by the 4 consumer as a result of the failure or damages of not less 5 than $100 and not more than $1,000, whichever is greater. Any 6 person who obtains a consumer report from a consumer reporting 7 agency under false pretenses or knowingly without a 8 permissible purpose is liable to the consumer reporting agency 9 for actual damages sustained by the consumer reporting agency 10 or $1,000, whichever is greater. 11 (c) Punitive damages may be assessed for willful 12 violations of this section. 13 (d) Any person who is negligent in failing to comply 14 with any requirement imposed under this section with respect 15 to any consumer is liable to that consumer for any actual 16 damages sustained by the consumer as a result of the failure 17 of not less than $100 and not more than $1,000. 18 (e) Upon a finding by the court that an unsuccessful 19 pleading, motion, or other paper filed in connection with an 20 action under this subsection was filed in bad faith or for 21 purposes of harassment, the court shall award to the 22 prevailing party attorney's fees that are reasonable in 23 relation to the work performed in responding to the pleading, 24 motion, or other paper. 25 (17) Any written disclosure by a consumer reporting 26 agency, pursuant to 15 U.S.C. s. 1681g, to any consumer 27 residing in this state shall include a written summary of all 28 rights the consumer has under this section, and, in the case 29 of a consumer reporting agency that compiles and maintains 30 consumer reports on a nationwide basis, a toll-free telephone 31 number that the consumer can use to communicate with the 8 2:58 PM 04/20/06 s0656c2c-02-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 656 Barcode 880236 1 consumer reporting agency. The information set forth in 2 paragraph (b) of the written summary of rights must be in at 3 least 12-point boldface type. The written summary of rights 4 required under this section is sufficient if it is 5 substantially in the following form: 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 On page 1, lines 17 through 23, delete those lines 11 12 and insert: 13 authorizing a consumer reporting agency to 14 charge a fee to place, remove, or temporarily 15 lift a security freeze; prohibiting a consumer 16 reporting agency from charging a fee to 17 specified persons; authorizing the charging of 18 a fee for the reissuance of a personal 19 identification number; 20 21 22 23 24 25 26 27 28 29 30 31 9 2:58 PM 04/20/06 s0656c2c-02-c2r