Florida Senate - 2013                                     SB 566
       
       
       
       By Senator Detert
       
       
       
       
       28-00625A-13                                           2013566__
    1                        A bill to be entitled                      
    2         An act relating to security of protected consumer
    3         information; creating s. 501.0051, F.S.; providing
    4         definitions; authorizing the representative of a
    5         protected consumer to place a security freeze on the
    6         protected consumer’s consumer record; requiring a
    7         consumer reporting agency to establish a record if the
    8         protected consumer does not have an existing consumer
    9         report; requiring a consumer reporting agency to
   10         provide written confirmation of a security freeze
   11         within a specified period; prohibiting a consumer
   12         reporting agency from stating or implying that a
   13         security freeze reflects a negative credit history or
   14         rating; requiring a consumer reporting agency to
   15         remove a security freeze under specified conditions;
   16         providing for applicability; authorizing a consumer
   17         reporting agency to charge a fee for placing or
   18         removing a security freeze and for reissuing personal
   19         identification information; prohibiting a fee under
   20         certain circumstances; requiring written notification
   21         to change specified information in a protected
   22         consumer’s record; providing exemptions; requiring a
   23         consumer reporting agency to notify a representative
   24         and provide specified information if the consumer
   25         reporting agency violates a security freeze; providing
   26         penalties and civil remedies; amending s. 501.005,
   27         F.S.; revising written disclosure requirements for
   28         consumer reporting agencies pertaining to consumer
   29         rights associated with a security freeze; conforming a
   30         cross-reference; providing an effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 501.0051, Florida Statutes, is created
   35  to read:
   36         501.0051 Protected consumer security freeze.—
   37         (1) As used in this section, the term:
   38         (a) “Consumer reporting agency” has the same meaning as
   39  provided in 15 U.S.C. s. 1681a(f).
   40         (b) “Consumer report” has the same meaning as provided in
   41  15 U.S.C. s. 1681a(d).
   42         (c) “Protected consumer” means a person younger than 16
   43  years of age at the time a security freeze request is made or a
   44  person represented by a guardian or other advocate pursuant to
   45  chapter 39, chapter 393, or chapter 744.
   46         (d) “Record” means a compilation of information that:
   47         1. Identifies a protected consumer;
   48         2. Is created by a consumer reporting agency exclusively
   49  for the purpose of complying with this section; and
   50         3. May not be created or used to consider the protected
   51  consumer’s credit worthiness, credit standing, credit capacity,
   52  character, general reputation, personal characteristics, or
   53  eligibility for other financial services.
   54         (e) “Representative” means the custodial parent or legal
   55  guardian of a protected consumer, including a guardian appointed
   56  pursuant to s. 914.17.
   57         (f) “Security freeze” means:
   58         1. A notice that is placed on the protected consumer’s
   59  consumer report that prohibits a consumer reporting agency from
   60  releasing the consumer report, credit score, or any information
   61  contained within the consumer report to a third party without
   62  the express authorization of the representative; or
   63         2. A notice that is placed on the protected consumer’s
   64  record that prohibits the consumer reporting agency from
   65  releasing the protected consumer’s record except as provided in
   66  this section, if a consumer reporting agency does not have a
   67  file pertaining to the protected consumer.
   68         (g) “Sufficient proof of authority” means documentation
   69  that shows that a representative has authority to act on behalf
   70  of a protected consumer. Sufficient proof of authority includes,
   71  but is not limited to, a court order, valid power of attorney,
   72  or a written notarized statement signed by a representative that
   73  expressly describes the authority of the representative to act
   74  on behalf of the protected consumer.
   75         (h) “Sufficient proof of identification” means
   76  documentation that identifies a protected consumer or a
   77  representative of a protected consumer. Sufficient proof of
   78  identification includes, but is not limited to, a copy of a
   79  social security card, a certified or official copy of a birth
   80  certificate, a copy of a valid driver license, or a government
   81  issued photo identification.
   82         (2) A representative may place a security freeze on a
   83  protected consumer’s consumer record by:
   84         (a) Submitting a request to a consumer reporting agency in
   85  the manner prescribed by that agency;
   86         (b) Providing the agency with sufficient proof of authority
   87  and sufficient proof of identification; and
   88         (c) Paying the agency a fee as authorized under this
   89  section.
   90         (3) If a consumer reporting agency does not have a consumer
   91  report pertaining to a protected consumer when the consumer
   92  reporting agency receives a request for a security freeze under
   93  subsection (2), the consumer reporting agency shall create a
   94  record for the protected consumer and place a security freeze on
   95  the record.
   96         (4) A consumer reporting agency shall place a security
   97  freeze on a consumer record within 30 days after confirming the
   98  authenticity of a security freeze request made in accordance
   99  with this section.
  100         (5) The consumer reporting agency shall send a written
  101  confirmation of the security freeze to the representative within
  102  10 business days after instituting the security freeze and shall
  103  provide the representative with instructions for removing the
  104  security freeze and a unique personal identifier to be used by
  105  the representative when providing authorization for removal of a
  106  security freeze.
  107         (6) A consumer reporting agency may not state or imply to
  108  any person that a security freeze on a protected consumer’s
  109  consumer record reflects a negative credit score, negative
  110  credit history, or a negative credit rating.
  111         (7) A consumer reporting agency shall remove a security
  112  freeze placed on a consumer record of a protected consumer only
  113  in the following instances:
  114         (a) Upon request of a representative pursuant to paragraph
  115  (8)(a).
  116         (b) Upon request of a protected consumer pursuant to
  117  paragraph (8)(b).
  118         (c) If the security freeze was instituted due to a material
  119  misrepresentation of fact by a representative. If a consumer
  120  reporting agency intends to remove a security freeze pursuant to
  121  this paragraph, the consumer reporting agency shall notify the
  122  representative in writing before removing the security freeze.
  123         (8) A security freeze placed in accordance with this
  124  section shall remain in place until a representative or
  125  protected consumer requests that it be removed. A consumer
  126  reporting agency shall remove a security freeze within 30 days
  127  after receiving a request for removal from a protected consumer
  128  or representative.
  129         (a) A representative submitting a request for removal must
  130  provide the following:
  131         1. Sufficient proof of identification and sufficient proof
  132  of authority as determined by the consumer reporting agency.
  133         2. The unique personal identifier provided by the consumer
  134  reporting agency pursuant to subsection (5).
  135         3. Payment of a fee as authorized by this section.
  136         (b) A protected consumer submitting a request for removal
  137  must provide the following:
  138         1. Sufficient proof of identification as determined by the
  139  consumer reporting agency.
  140         2. Documentation that the sufficient proof of authority for
  141  the protected consumer’s representative to act on behalf of the
  142  protected consumer is no longer valid.
  143         (9) This section does not apply to use of a consumer record
  144  by the following persons or for the following reasons:
  145         (a) A state agency acting within its lawful investigative
  146  or regulatory authority.
  147         (b) A state or local law enforcement agency investigating a
  148  crime or conducting a criminal background check.
  149         (c) Any person administering a credit file monitoring
  150  subscription service to which the protected consumer has
  151  subscribed.
  152         (d) Any person for the purpose of providing the protected
  153  consumer’s consumer report upon the representative’s request.
  154         (e) Any person with a court order lawfully entered.
  155         (f) Any insurance company for use in setting or adjusting a
  156  rate, adjusting a claim, or underwriting for insurance purposes.
  157         (g) A consumer reporting agency’s database or file which
  158  consists entirely of information concerning, and is used
  159  exclusively for, one or more of the following:
  160         1. Criminal record information.
  161         2. Personal loss history information.
  162         3. Fraud prevention or detection.
  163         4. Tenant screening.
  164         5. Employment screening.
  165         6. Personal insurance policy information.
  166         7. Noncredit information used for insurance purposes.
  167         (h) A check services company that issues authorizations for
  168  the purpose of approving or processing negotiable instruments,
  169  electronic funds transfers, or similar methods of payment.
  170         (i) A deposit account information service company that
  171  issues reports regarding account closures due to fraud,
  172  substantial overdrafts, automatic teller machine abuse, or
  173  similar negative information regarding a protected consumer to
  174  an inquiring financial institution, as defined in s. 655.005 or
  175  in federal law, for use only in reviewing a representative’s
  176  request for a deposit account for the protected consumer at the
  177  inquiring financial institution.
  178         (j) A consumer reporting agency that acts only as a
  179  reseller of credit information by assembling and merging
  180  information contained in the database of another consumer
  181  reporting agency or multiple consumer reporting agencies and
  182  does not maintain a permanent database of credit information
  183  from which new consumer reports are produced. However, a
  184  consumer reporting agency shall honor any security freeze placed
  185  or removed by another consumer reporting agency.
  186         (k) A fraud prevention services company issuing reports to
  187  prevent or investigate fraud.
  188         (10)(a) A consumer reporting agency may charge a reasonable
  189  fee, not to exceed $10, to a representative who elects to place
  190  or remove a security freeze.
  191         (b) A consumer reporting agency may charge a reasonable
  192  fee, not to exceed $10, if the representative fails to retain
  193  the original personal identifier provided by the consumer
  194  reporting agency and the agency must reissue the personal
  195  identifier or provide a new personal identifier to the
  196  representative.
  197         (c) A consumer reporting agency may not charge any fee
  198  under this section to a representative of a protected consumer
  199  who is a victim of identity theft if the representative submits,
  200  at the time the security freeze is requested, a copy of a valid
  201  investigative report or incident report or complaint with a law
  202  enforcement agency about the unlawful use of the protected
  203  consumer’s identifying information by another person.
  204         (11) If a security freeze is in effect, a consumer
  205  reporting agency may not change any of the following official
  206  information in the consumer record without sending a written
  207  confirmation of the change to the representative within 30 days
  208  after the change is posted to the protected consumer’s record:
  209         (a) The protected consumer’s name.
  210         (b) The protected consumer’s address.
  211         (c) The protected consumer’s date of birth.
  212         (d) The protected consumer’s social security number.
  213  
  214  Written confirmation is not required for technical corrections
  215  of a protected consumer’s official information, including name
  216  and street abbreviations, complete spellings, or transposition
  217  of numbers or letters. In the case of an address change, the
  218  written confirmation must be sent to both the new address and
  219  the former address.
  220         (12) If a consumer reporting agency violates a security
  221  freeze placed in accordance with this section by releasing
  222  information subject to a security freeze without proper
  223  authorization, the consumer reporting agency shall, within 5
  224  business days after discovering or being notified of the release
  225  of information, notify the representative of the protected
  226  consumer in writing. The notice shall state the specific
  227  information released, and provide the name, address, and other
  228  contact information of the recipient of the information.
  229         (13)(a) Any consumer reporting agency that willfully fails
  230  to comply with any requirement imposed under this section with
  231  respect to any representative or protected consumer is subject
  232  to an administrative fine in the amount of up to $500 issued
  233  pursuant to the administrative procedures established in chapter
  234  120 by the Department of Agriculture and Consumer Services.
  235         (b) Any individual who obtains a record under false
  236  pretenses or knowingly without a permissible purpose is liable
  237  to the representative and protected consumer for actual damages
  238  sustained by the protected consumer as a result of the failure
  239  of at least $100 but not more than $1,000.
  240         (c) Any person who obtains a record from a consumer
  241  reporting agency under false pretenses or knowingly without a
  242  permissible purpose is liable to the consumer reporting agency
  243  for actual damages sustained by the consumer reporting agency or
  244  $1,000, whichever is greater.
  245         Section 2. Subsection (17) of section 501.005, Florida
  246  Statutes, is amended to read:
  247         501.005 Consumer report security freeze.—
  248         (17) Any written disclosure by a consumer reporting agency,
  249  pursuant to 15 U.S.C. s. 1681g, to any consumer residing in this
  250  state shall include a written summary of all rights the consumer
  251  has under this section and s. 501.0051, and, in the case of a
  252  consumer reporting agency which compiles and maintains consumer
  253  reports on a nationwide basis, a toll-free telephone number
  254  which the consumer can use to communicate with the consumer
  255  reporting agency. The information set forth in paragraph (c) (b)
  256  of the written summary of rights must be in at least 12-point
  257  boldface type. The written summary of rights required under this
  258  section is sufficient if it is substantially in the following
  259  form:
  260         (a) You have a right to place a “security freeze” on your
  261  consumer report, which will prohibit a consumer reporting agency
  262  from releasing any information in your consumer report without
  263  your express authorization. A security freeze must be requested
  264  in writing by certified mail to a consumer reporting agency. The
  265  security freeze is designed to prevent credit, loans, and
  266  services from being approved in your name without your consent.
  267         (b) If you are the custodial parent or legal guardian of a
  268  minor younger than 16 years of age or a guardian or advocate of
  269  an incapacitated, disabled, or protected person under chapter
  270  39, chapter 393, chapter 744, or chapter 914, Florida Statutes,
  271  you have a right to place a security freeze on the consumer
  272  report of the person you are legally authorized to care for. If
  273  no consumer report exists, you have a right to request a record
  274  to be created and a security freeze to be placed on the record.
  275  A record with a security freeze is intended to prevent the
  276  opening of credit accounts until the security freeze is removed.
  277         (c)(b) YOU SHOULD BE AWARE THAT USING A SECURITY FREEZE TO
  278  CONTROL ACCESS TO THE PERSONAL AND FINANCIAL INFORMATION IN YOUR
  279  CONSUMER REPORT MAY DELAY, INTERFERE WITH, OR PROHIBIT THE
  280  TIMELY APPROVAL OF ANY SUBSEQUENT REQUEST OR APPLICATION YOU
  281  MAKE REGARDING A NEW LOAN, CREDIT, MORTGAGE, INSURANCE,
  282  GOVERNMENT SERVICES OR PAYMENTS, RENTAL HOUSING, EMPLOYMENT,
  283  INVESTMENT, LICENSE, CELLULAR PHONE, UTILITIES, DIGITAL
  284  SIGNATURE, INTERNET CREDIT CARD TRANSACTION, OR OTHER SERVICES,
  285  INCLUDING AN EXTENSION OF CREDIT AT POINT OF SALE.
  286         (d)(c) When you place a security freeze on your consumer
  287  report, you will be provided a personal identification number or
  288  password to use if you choose to remove the freeze on your
  289  consumer report or authorize the release of your consumer report
  290  for a designated period of time after the security freeze is in
  291  place. To provide that authorization, you must contact the
  292  consumer reporting agency and provide all of the following:
  293         1. The personal identification number or password.
  294         2. Proper identification to verify your identity.
  295         3. Information specifying the period of time for which the
  296  report shall be made available.
  297         4. Payment of a fee authorized by this section.
  298         (e)(d) A consumer reporting agency must authorize the
  299  release of your consumer report no later than 3 business days
  300  after receiving the above information.
  301         (f)(e) A security freeze does not apply to a person or
  302  entity, or its affiliates, or collection agencies acting on
  303  behalf of the person or entity, with which you have an existing
  304  account, that requests information in your consumer report for
  305  the purposes of reviewing or collecting the account. Reviewing
  306  the account includes activities related to account maintenance,
  307  monitoring, credit line increases, and account upgrades and
  308  enhancements.
  309         (g)(f) You have the right to bring a civil action against
  310  anyone, including a consumer reporting agency, who fails to
  311  comply with the provisions of s. 501.005, Florida Statutes,
  312  which governs the placing of a consumer report security freeze
  313  on your consumer report.
  314         Section 3. This act shall take effect September 1, 2013.