Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 728
       
       
       
       
       
       
                                Barcode 436470                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/27/2011           .                                
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       The Committee on Budget (Richter) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1083 and 1084
    4  insert:
    5         Section 14. Section 443.17161, Florida Statutes, is created
    6  to read:
    7         443.17161 Authorized electronic access to employer
    8  information.—
    9         (1) Notwithstanding any other provision of this chapter,
   10  the Agency for Workforce Innovation shall contract with one or
   11  more consumer-reporting agencies to provide users with secured
   12  electronic access to employer-provided information relating to
   13  the quarterly wages report submitted in accordance with the
   14  state's unemployment compensation law. The access is limited to
   15  the wage reports for the appropriate amount of time for the
   16  purpose the information is requested.
   17         (2) Users must obtain consent in writing or by electronic
   18  signature from an applicant for credit, employment, or other
   19  permitted purposes. Any written or electronic signature consent
   20  from an applicant must be signed and must include the following:
   21         (a) Specific notice that information concerning the
   22  applicant's wage and employment history will be released to a
   23  consumer-reporting agency;
   24         (b) Notice that the release is made for the sole purpose of
   25  reviewing the specific application for credit, employment, or
   26  other permitted purpose made by the applicant;
   27         (c) Notice that the files of the Agency for Workforce
   28  Innovation or its tax collection service provider containing
   29  information concerning wage and employment history which is
   30  submitted by the applicant or his or her employers may be
   31  accessed; and
   32         (d) A listing of the parties authorized to receive the
   33  released information.
   34         (3) Consumer-reporting agencies and users accessing
   35  information under this section must safeguard the
   36  confidentiality of the information. A consumer-reporting agency
   37  or user may use the information only to support a single
   38  transaction for the user to satisfy its standard underwriting or
   39  eligibility requirements or for those requirements imposed upon
   40  the user, and to satisfy the user's obligations under applicable
   41  state or federal laws, rules, or regulations.
   42         (4) If a consumer-reporting agency or user violates this
   43  section, the Agency for Workforce Innovation shall, upon 30 days
   44  written notice to the consumer-reporting agency, terminate the
   45  contract established between the Agency for Workforce Innovation
   46  and the consumer-reporting agency or require the consumer
   47  reporting agency to terminate the contract established between
   48  the consumer-reporting agency and the user under this section.
   49         (5) The Agency for Workforce Innovation shall establish
   50  minimum audit, security, net-worth, and liability-insurance
   51  standards, technical requirements, and any other terms and
   52  conditions considered necessary in the discretion of the state
   53  agency to safeguard the confidentiality of the information
   54  released under this section and to otherwise serve the public
   55  interest. The Agency for Workforce Innovation shall also
   56  include, in coordination with any necessary state agencies,
   57  necessary audit procedures to ensure that these rules are
   58  followed.
   59         (6) In contracting with one or more consumer-reporting
   60  agencies under this section, any revenues generated by the
   61  contract must be used to pay the entire cost of providing access
   62  to the information. Further, in accordance with federal
   63  regulations, any additional revenues generated by the Agency for
   64  Workforce Innovation or the state under this section must be
   65  paid into the Administrative Trust Fund of the Agency for
   66  Workforce Innovation for the administration of the unemployment
   67  compensation system or be used as program income.
   68         (7) The Agency for Workforce Innovation may not provide
   69  wage and employment history information to any consumer
   70  reporting agency before the consumer-reporting agency or
   71  agencies under contract with the Agency for Workforce Innovation
   72  pay all development and other startup costs incurred by the
   73  state in connection with the design, installation, and
   74  administration of technological systems and procedures for the
   75  electronic-access program.
   76         (8) The release of any information under this section must
   77  be for a purpose authorized by and in the manner permitted by
   78  the United States Department of Labor and any subsequent rules
   79  or regulations adopted by that department.
   80         (9) As used in this section, the term:
   81         (a) "Consumer-reporting agency" has the same meaning as
   82  that set forth in the Federal Fair Credit Reporting Act, 15
   83  U.S.C. s. 1681a.
   84         (b) "Creditor" has the same meaning as that set forth in
   85  the Federal Fair Debt Collection Practices Act, 15 U.S.C. ss.
   86  1692 et seq.
   87         (c) "User" means a creditor, employer, or other entity with
   88  a permissible purpose that is allowed under the Federal Fair
   89  Credit Reporting Act, 15 U.S.C. ss. 1681 et seq. to access the
   90  data contained in the wage reports though a consumer-reporting
   91  agency.
   92  
   93  ================= T I T L E  A M E N D M E N T ================
   94         And the title is amended as follows:
   95         Delete line 58
   96  and insert:
   97         rebuttable presumption; creating s. 443.17161, F.S.;
   98         requiring the Agency for Workforce Innovation to
   99         contract with one or more consumer-reporting agencies
  100         to provide creditors, employers, and other entities
  101         with a permissible purpose with secured electronic
  102         access to employer-provided information relating to
  103         the quarterly wages reports; providing conditions;
  104         requiring consent from the applicant for credit,
  105         employment, or other permitted purpose; prescribing
  106         information that must be included in the written
  107         consent; providing for confidentiality; limiting use
  108         of the information released; providing for termination
  109         of contracts under certain circumstances; requiring
  110         the agency to establish minimum audit, security, net
  111         worth, and liability insurance standards and other
  112         requirements it considers necessary; providing that
  113         any revenues generated from a contract with a consumer
  114         reporting agency must be used to pay the entire cost
  115         of providing access to the information; providing that
  116         any additional revenues generated must be paid into
  117         the Administrative Trust Fund of the Agency for
  118         Workforce Innovation or used for program purposes;
  119         providing restrictions on the release of information
  120         under the act; defining the terms "consumer-reporting
  121         agency," "creditor," and "user"; providing that the
  122         act