Florida Senate - 2013                              CS for SB 100
       By the Committee on Commerce and Tourism; and Senator Detert
       577-00667-13                                           2013100c1
    1                        A bill to be entitled                      
    2         An act relating to employment practices; prohibiting
    3         an employer from using a job applicant’s credit report
    4         or credit history to make certain hiring,
    5         compensation, or other employment decisions; providing
    6         specific situations where an employer may use such
    7         information; providing definitions; providing
    8         exemptions for certain types of employers; providing
    9         remedies for aggrieved persons; providing for court
   10         costs; providing for a plaintiff to post a bond to
   11         indemnify the defendant for damages, including
   12         attorney fees, in certain situations; providing an
   13         effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Use of a job applicant’s credit report or credit
   18  history.—
   19         (1) Except as provided in subsection (2), an employer may
   20  not use an applicant’s credit report or credit history for the
   21  purpose of denying employment to the applicant or for
   22  determining the applicant’s compensation or the terms,
   23  conditions, or privileges of employment.
   24         (2) An employer may request or use an applicant’s credit
   25  report or credit history if:
   26         (a) The information will be used for a purpose other than
   27  one prohibited by this section;
   28         (b) The employer has a bona fide purpose for requesting or
   29  using information in the credit report or credit history which
   30  is substantially related to the job; and
   31         (c) The ability to request such information was disclosed
   32  to the applicant and the employer obtained permission from the
   33  applicant to request the information.
   34         (3) For purposes of this section, a position for which an
   35  employer has a bona fide purpose includes a position that:
   36         (a)Is managerial or supervisory;
   37         (b) Involves access to personal information of a customer,
   38  employee, or employer, except for personal information
   39  customarily provided in a retail transaction;
   40         (c) Involves a fiduciary responsibility to the employer,
   41  including the authority to issue payments, collect debts,
   42  transfer money, or enter into contracts;
   43         (d)Involves the use of an expense account or a corporate
   44  debit or credit card;
   45         (e)Authorizes the employee to have access to information,
   46  including a trade secret, formula, pattern, compilation,
   47  program, device, method, technique, or process, which derives
   48  actual or potential independent economic value from not being
   49  generally known to, and not being readily ascertainable by
   50  proper means by, other persons who can obtain economic value
   51  from the disclosure or use of the information and is the subject
   52  of efforts that are reasonable under the circumstances to
   53  maintain its secrecy; or
   54         (f) Involves public safety, such as a law enforcement
   55  officer, peace officer, or other position involving enforcement
   56  of state or federal criminal laws.
   57         (4) As used in paragraph (3)(a), the term:
   58         (a) “Managerial” means a position that requires an
   59  individual to formulate and effectuate management policies by
   60  expressing and making operative the decisions of the employer.
   61         (b) “Supervisory” means a position in which an individual
   62  has the authority, in the interest of the employer, to hire,
   63  transfer, suspend, lay off, recall, promote, discharge, assign,
   64  reward, or discipline other employees, or the responsibility to
   65  direct them, adjust their grievances, or recommend such action
   66  where the authority or responsibility is not merely routine or
   67  clerical, but requires the use of independent judgment.
   68         (5) This section does not apply to an employer that is:
   69         (a) Expressly permitted or required to inquire into an
   70  applicant’s credit report or credit history for employment
   71  purposes pursuant to a federal or state law.
   72         (b) A financial institution that accepts deposits that are
   73  insured by a federal agency, or an affiliate or subsidiary of
   74  the financial institution.
   75         (c) A credit union or state-chartered bank registered with
   76  the Office of Financial Regulation.
   77         (d) An entity that is registered as an investment advisor
   78  with the United States Securities and Exchange Commission, or an
   79  affiliate of the entity.
   80         (6)(a)Without regard to any other remedy or relief to
   81  which a person is entitled, a person aggrieved by a violation of
   82  this section may bring an action to obtain a declaratory
   83  judgment that an act or practice violates this section and to
   84  enjoin the violator from further violations.
   85         (b) A person who has suffered a loss as a result of a
   86  violation of this section and prevails may recover actual
   87  damages plus court costs.
   88         (c) In any action brought under this section, upon motion
   89  of the defendant, alleging that the action is frivolous, without
   90  legal or factual merit, or brought for the purpose of
   91  harassment, the court may, after hearing evidence as to the
   92  necessity therefor, require the plaintiff to post bond in an
   93  amount that the court finds reasonable to indemnify the
   94  defendant for any damages incurred, including reasonable
   95  attorney fees. This subsection does not apply to any action
   96  initiated by the enforcing authority.
   97         Section 2. This act shall take effect July 1, 2013.