Bill Text: FL S1302 | 2018 | Regular Session | Introduced
Bill Title: Consumer Report Security Freezes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-03-06 - Laid on Table, refer to HB 953 [S1302 Detail]
Download: Florida-2018-S1302-Introduced.html
Florida Senate - 2018 SB 1302 By Senator Brandes 24-01395A-18 20181302__ 1 A bill to be entitled 2 An act relating to consumer report security freezes; 3 amending s. 501.005, F.S.; deleting the authorization 4 for consumer reporting agencies to charge specified 5 fees to consumers electing to place, remove, or 6 temporarily lift a security freeze on their consumer 7 reports; amending s. 501.0051, F.S.; deleting the 8 authorization for consumer reporting agencies to 9 charge a specified fee to representatives of protected 10 consumers electing to place a security freeze on such 11 consumer’s consumer reports; deleting the 12 authorization for consumer reporting agencies to 13 charge a specified fee to protected consumers or 14 representatives of protected consumers who elect to 15 remove a security freeze on such consumer’s consumer 16 reports; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Paragraph (c) of subsection (2), paragraph (d) 21 of subsection (5), paragraph (c) of subsection (11), subsection 22 (13), and paragraph (c) of subsection (17) of section 501.005, 23 Florida Statutes, are amended to read: 24 501.005 Consumer report security freeze.— 25 (2) A consumer may place a security freeze on his or her 26 consumer report by: 27(c) Paying a fee authorized under this section.28 (5) A consumer may allow his or her consumer report to be 29 accessed for a designated period of time while a security freeze 30 is in effect by contacting the consumer reporting agency and 31 requesting that the freeze be temporarily lifted. The consumer 32 must provide the following information to the consumer reporting 33 agency as part of the request: 34(d) Payment of a fee authorized by this section.35 (11) A security freeze shall remain in place until the 36 consumer requests that it be removed. A consumer reporting 37 agency shall remove a security freeze within 3 business days 38 after receiving a request for removal from the consumer, who, 39 upon making the request for removal, must provide the following: 40(c) Payment of a fee authorized by this section.41 (13)(a) A consumer reporting agency may not charge a 42reasonablefee, not to exceed $10,to a consumer who elects to 43 place, remove, or temporarily lift a security freeze on his or 44 her consumer report. 45(b) A consumer reporting agency shall not charge any fee:461. To a consumer 65 years of age or older for the initial47placement or removal of a security freeze; or482. To a victim of identity theft who has submitted, at the49time the security freeze is requested, a copy of a valid50investigative or incident report or complaint with a law51enforcement agency about the unlawful use of the victim’s52identifying information by another person.53 (b)(c)A consumer reporting agency may charge a reasonable 54 fee, not to exceed $10, if the consumer fails to retain the 55 original personal identification number or password provided by 56 the consumer reporting agency and the agency must reissue the 57 personal identification number or password or provide a new 58 personal identification number or password to the consumer. 59 (17) Any written disclosure by a consumer reporting agency, 60 pursuant to 15 U.S.C. s. 1681g, to any consumer residing in this 61 state shall include a written summary of all rights the consumer 62 has under this section, and, in the case of a consumer reporting 63 agency which compiles and maintains consumer reports on a 64 nationwide basis, a toll-free telephone number which the 65 consumer can use to communicate with the consumer reporting 66 agency. The information set forth in paragraph (b) of the 67 written summary of rights must be in at least 12-point boldface 68 type. The written summary of rights required under this section 69 is sufficient if it is substantially in the following form: 70 (c) When you place a security freeze on your consumer 71 report, you will be provided a personal identification number or 72 password to use if you choose to remove the freeze on your 73 consumer report or authorize the release of your consumer report 74 for a designated period of time after the security freeze is in 75 place. To provide that authorization, you must contact the 76 consumer reporting agency and provide all of the following: 77 1. The personal identification number or password. 78 2. Proper identification to verify your identity. 79 3. Information specifying the period of time for which the 80 report shall be made available. 814. Payment of a fee authorized by this section.82 Section 2. Subsection (2), paragraph (a) of subsection (7), 83 subsection (9), and paragraph (c) of subsection (14) of section 84 501.0051, Florida Statutes, are amended to read: 85 501.0051 Protected consumer report security freeze.— 86 (2) A representative may place a security freeze on a 87 protected consumer’s consumer report by: 88 (a) Submitting a request to a consumer reporting agency in 89 the manner prescribed by that agency; and 90 (b) Providing the agency with sufficient proof of authority 91 and sufficient proof of identification of the representative;92and93(c) Paying the agency a fee as authorized under this94section. 95 (7) A consumer reporting agency shall remove a security 96 freeze from a protected consumer’s consumer report or record 97 only under either of the following circumstances: 98 (a) Upon the request of a representative or a protected 99 consumer. A consumer reporting agency shall remove a security 100 freeze within 30 days after receiving a request for removal from 101 a protected consumer or his or her representative. 102 1. A representative submitting a request for removal must 103 provide all of the following: 104 a. Sufficient proof of identification of the representative 105 and sufficient proof of authority as determined by the consumer 106 reporting agency. 107 b. The unique personal identifier provided by the consumer 108 reporting agency pursuant to subsection (5). 109c. A fee as authorized under this section.110 2. A protected consumer submitting a request for removal 111 must provide bothallof the following: 112 a. Sufficient proof of identification of the protected 113 consumer as determined by the consumer reporting agency. 114 b. Documentation that the sufficient proof of authority of 115 the protected consumer’s representative to act on behalf of the 116 protected consumer is no longer valid. 117c. A fee as authorized under this section.118 (9)(a) A consumer reporting agency may not charge anya119reasonablefee, not to exceed $10,to place or remove a security 120 freeze. 121 (b) A consumer reporting agency mayalsocharge a 122 reasonable fee, not to exceed $10, if the representative fails 123 to retain the original unique personal identifier provided by 124 the consumer reporting agency and the agency must reissue the 125 unique personal identifier or provide a new unique personal 126 identifier to the representative. 127(c) A consumer reporting agency may not charge a fee under128this section to the representative of a protected consumer who129is a victim of identity theft if the representative submits, at130the time the security freeze is requested, a copy of a valid131investigative report, an incident report, or a complaint with a132law enforcement agency about the unlawful use of the protected133consumer’s identifying information by another person.134 (14) A written disclosure by a consumer reporting agency, 135 pursuant to 15 U.S.C. s. 1681g, to a representative and 136 protected consumer residing in this state must include a written 137 summary of all rights that the representative and protected 138 consumer have under this section and, in the case of a consumer 139 reporting agency that compiles and maintains records on a 140 nationwide basis, a toll-free telephone number that the 141 representative can use to communicate with the consumer 142 reporting agency. The information provided in paragraph (b) must 143 be in at least 12-point boldfaced type. The written summary of 144 rights required under this section is sufficient if it is 145 substantially in the following form: 146 (c) To remove the security freeze on the protected 147 consumer’s record or report, you must contact the consumer 148 reporting agency and provide all of the following: 149 1. Proof of identification as required by the consumer 150 reporting agency. 151 2. Proof of authority over the protected consumer as 152 required by the consumer reporting agency. 153 3. The unique personal identifier provided by the consumer 154 reporting agency. 1554. Payment of a fee.156 Section 3. This act shall take effect July 1, 2018.