Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. CS for CS for SB 728 Barcode 436470 LEGISLATIVE ACTION Senate . House Comm: WD . 04/27/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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