Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 102
Barcode 792042
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
01/19/2012 .
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The Committee on Commerce and Tourism (Detert) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Use of a job applicant’s credit report or credit
6 history.—
7 (1) Except as provided in subsection (2), an employer may
8 not use an applicant’s credit report or credit history for the
9 purpose of denying employment to the applicant or for
10 determining the applicant’s compensation or the terms,
11 conditions, or privileges of employment.
12 (2) An employer may request or use an applicant’s credit
13 report or credit history if:
14 (a) The information will be used for a purpose other than
15 one prohibited by this section;
16 (b) The employer has a bona fide purpose for requesting or
17 using information in the credit report or credit history which
18 is substantially related to the job; and
19 (c) The ability to request such information was disclosed
20 to the applicant and the employer obtained permission from the
21 applicant to request the information.
22 (3) For purposes of this section, a position for which an
23 employer has a bona fide purpose includes a position that:
24 (a) Is managerial or supervisory;
25 (b) Involves access to personal information of a customer,
26 employee, or employer, except for personal information
27 customarily provided in a retail transaction;
28 (c) Involves a fiduciary responsibility to the employer,
29 including the authority to issue payments, collect debts,
30 transfer money, or enter into contracts;
31 (d) Involves the use of an expense account or a corporate
32 debit or credit card;
33 (e) Authorizes the employee to have access to information,
34 including a trade secret, formula, pattern, compilation,
35 program, device, method, technique, or process that derives
36 actual or potential independent economic value from not being
37 generally known to, and not being readily ascertainable by
38 proper means by, other persons who can obtain economic value
39 from the disclosure or use of the information and is the subject
40 of efforts that are reasonable under the circumstances to
41 maintain its secrecy; or
42 (f) Involves public safety, such as a law enforcement
43 officer, peace officer, or other position involving enforcement
44 of state or federal criminal laws.
45 (4) As used in paragraph (3)(a), the term:
46 (a) “Managerial” means a position that requires an
47 individual to formulate and effectuate management policies by
48 expressing and making operative the decisions of the employer.
49 (b) “Supervisory” means a position in which an individual
50 has the authority, in the interest of the employer, to hire,
51 transfer, suspend, lay off, recall, promote, discharge, assign,
52 reward, or discipline other employees, or the responsibility to
53 direct them, adjust their grievances, or recommend such action
54 where the authority or responsibility is not merely routine or
55 clerical, but requires the use of independent judgment.
56 (5) This section does not apply to an employer that is:
57 (a) Expressly permitted or required to inquire into an
58 applicant’s credit report or credit history for employment
59 purposes pursuant to a federal or state law.
60 (b) A financial institution that accepts deposits that are
61 insured by a federal agency, or an affiliate or subsidiary of
62 the financial institution.
63 (c) A credit union or state-chartered bank registered with
64 the Office of Financial Regulation.
65 (d) An entity that is registered as an investment advisor
66 with the United States Securities and Exchange Commission, or an
67 affiliate of the entity.
68 (6)(a) Without regard to any other remedy or relief to
69 which a person is entitled, a person aggrieved by a violation of
70 this section may bring an action to obtain a declaratory
71 judgment that an act or practice violates this section and to
72 enjoin the violator from further violations.
73 (b) A person who has suffered a loss as a result of a
74 violation of this section and prevails may recover actual
75 damages, plus court costs.
76 (c) In any action brought under this section, upon motion
77 of the defendant, alleging that the action is frivolous, without
78 legal or factual merit, or brought for the purpose of
79 harassment, the court may, after hearing evidence as to the
80 necessity therefor, require the plaintiff to post bond in an
81 amount that the court finds reasonable to indemnify the
82 defendant for any damages incurred, including reasonable
83 attorney fees. This subsection does not apply to any action
84 initiated by the enforcing authority.
85 Section 2. This act shall take effect July 1, 2012.
86
87 ================= T I T L E A M E N D M E N T ================
88 And the title is amended as follows:
89 Delete everything before the enacting clause
90 and insert:
91 A bill to be entitled
92 An act relating to credit reports; prohibiting an
93 employer from using a job applicant’s credit report or
94 credit history to make certain hiring, compensation,
95 or other employment decisions; providing specific
96 situations where an employer may use such information;
97 providing definitions; providing exemptions for
98 certain types of employers; providing remedies for
99 aggrieved persons; providing for court costs;
100 providing for a plaintiff to post a bond in certain
101 situations; providing an effective date.