Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 656
Barcode 883620
CHAMBER ACTION
Senate House
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04/05/2006 10:04 AM .
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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 29, through
15 page 7, line 2, delete those lines
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17 and insert: consumer reporting agency; and
18 2. Including information that properly identifies the
19 consumer.
20 (3) A consumer reporting agency shall place a security
21 freeze on a consumer report no later than 5 business days
22 after receiving a request from the consumer.
23 (4) The consumer reporting agency shall send a written
24 confirmation of the security freeze to the consumer within 10
25 business days after instituting the security freeze and shall
26 provide the consumer with a unique personal identification
27 number or password to be used by the consumer when providing
28 authorization for the removal of a security freeze on his or
29 her consumer report pursuant to subsection (5) or subsection
30 (11).
31 (5) A consumer may allow his or her consumer report to
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 656
Barcode 883620
1 be accessed for a designated period of time while a security
2 freeze is in effect by contacting the consumer reporting
3 agency and requesting that the freeze be temporarily lifted.
4 The consumer must provide the following information to the
5 consumer reporting agency as part of the request:
6 (a) Proper identification as determined by the
7 consumer reporting agency.
8 (b) The unique personal identification number or
9 password provided by the consumer reporting agency pursuant to
10 subsection (4).
11 (c) Information specifying the period of time for
12 which the report shall be made available.
13 (d) Payment of a fee authorized by this section.
14 (6) A consumer reporting agency that receives a
15 request from a consumer to temporarily lift a freeze on a
16 consumer report pursuant to subsection (5) shall comply with
17 the request no later than 3 business days after receiving the
18 request.
19 (7) By July 1, 2007, a consumer reporting agency doing
20 business in this state shall select and develop a secure
21 electronic contact method, which may include the use of
22 telephone, facsimile, the Internet, or other secure electronic
23 means, by which to receive and process requests from consumers
24 to temporarily lift a freeze on a consumer report pursuant to
25 subsection (5).
26 (8) A consumer reporting agency shall temporarily lift
27 or remove a security freeze placed on a consumer report only
28 in the following instances:
29 (a) Upon consumer request, pursuant to subsection (5)
30 or subsection (11).
31 (b) If the consumer report was frozen due to a
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 656
Barcode 883620
1 material misrepresentation of fact by the consumer. If a
2 consumer reporting agency intends to remove a security freeze
3 on a consumer report pursuant to this paragraph, the consumer
4 reporting agency shall notify the consumer in writing prior to
5 removing the security freeze.
6 (9) A third party requesting access to a consumer
7 report on which a security freeze is in effect in connection
8 with an application for credit or other permissible use may
9 treat the application as incomplete if the consumer has not
10 authorized a temporary lifting of the security freeze for the
11 period of time during which the request is made.
12 (10) If a consumer requests a security freeze, the
13 consumer reporting agency shall disclose to the consumer all
14 information relevant to the process of instituting,
15 temporarily lifting, and removing a security freeze and shall
16 include the disclosure required by subsection (17).
17 (11) A security freeze shall remain in place until the
18 consumer requests that it be removed. A consumer reporting
19 agency shall remove a security freeze within 3 business days
20 after receiving a request for removal from the consumer, who,
21 upon making the request for removal, must provide the
22 following:
23 (a) Proper identification as determined by the
24 consumer reporting agency.
25 (b) The unique personal identification number or
26 password provided by the consumer reporting agency pursuant to
27 subsection (4).
28 (c) Payment of a fee authorized by this section.
29 (12) The provisions of this section do not apply to
30 the use of a consumer report by the following persons or for
31 the following reasons:
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 656
Barcode 883620
1 (a) A person to whom the consumer owes a financial
2 obligation or a subsidiary, affiliate, or agent of the person,
3 or an assignee of a financial obligation owed by the consumer
4 to the person, or a prospective assignee of a financial
5 obligation owed by the consumer to the person in conjunction
6 with the proposed purchase of the financial obligation, with
7 which the consumer has or had prior to assignment an account
8 or contract, including a deposit account, or to whom the
9 consumer issued a negotiable instrument, for the purposes of
10 reviewing the account or collecting the financial obligation
11 owed for the account, contract, or negotiable instrument. For
12 purposes of this paragraph, "reviewing the account" includes
13 activities related to account maintenance, monitoring, credit
14 line increases, and account upgrades and enhancements.
15 (b) A subsidiary, affiliate, agent, assignee, or
16 prospective assignee of a person to whom access has been
17 granted under this section for purposes of facilitating the
18 extension of credit or other permissible use.
19 (c) A state agency acting within its lawful
20 investigative or regulatory authority.
21 (d) A state or local law enforcement agency acting to
22 investigate a crime or conducting a criminal background check.
23 (e) Any person administering a credit file monitoring
24 subscription service to which the consumer has subscribed.
25 (f) Any person for the purpose of providing a consumer
26 with a copy of the consumer report upon the consumer's
27 request.
28 (g) Pursuant to a court order lawfully entered.
29 (h) The use of credit information for the purposes of
30 prescreening as provided for by the federal Fair Credit
31 Reporting Act.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 656
Barcode 883620
1 (i) Any insurance company for use in setting or
2 adjusting a rate, adjusting a claim, or underwriting for
3 insurance purposes.
4 (13) A consumer reporting agency shall not charge a
5 consumer any fee to place a security freeze on his or her
6 consumer report. A consumer reporting agency may charge a
7 reasonable fee, not to exceed $10, to a consumer who elects to
8 remove or temporarily lift a security freeze on his or her
9 consumer report. A consumer may be charged a reasonable fee,
10 not to exceed $10, if the consumer fails to retain the
11 original personal identification number or password or provide
12 a new personal identification number or password to the
13 consumer.
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 1, lines 17-22, delete those lines
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20 and insert:
21 prohibiting a consumer reporting agency from
22 charging a consumer any fee to place a security
23 freeze on a consumer report; authorizing a
24 consumer reporting agency to charge a fee to
25 remove or temporarily lift a security freeze
26 and to
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