Florida Senate - 2012                                    SB 1356
       
       
       
       By Senator Detert
       
       
       
       
       23-01225-12                                           20121356__
    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 attorney
   10         fees and court costs; providing for a plaintiff to
   11         post a bond in certain situations; providing an
   12         effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Use of a job applicant’s credit report or credit
   17  history.—
   18         (1) Except as provided in subsection (2), an employer may
   19  not use an applicant’s credit report or credit history for the
   20  purpose of denying employment to the applicant or for
   21  determining the applicant’s compensation or the terms,
   22  conditions, or privileges of employment.
   23         (2) An employer may request or use an applicant’s credit
   24  report or credit history if:
   25         (a) The applicant has received an offer of employment and
   26  the credit report or credit history will be used for a purpose
   27  other than 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 disclosed in writing to
   31  the applicant.
   32         (3) For purposes of this section, a position for which an
   33  employer has a bona fide purpose includes a position that:
   34         (a) Is managerial or supervisory;
   35         (b) Involves access to personal information of a customer,
   36  employee, or employer, except for personal information
   37  customarily provided in a retail transaction;
   38         (c) Involves a fiduciary responsibility to the employer,
   39  including the authority to issue payments, collect debts,
   40  transfer money, or enter into contracts;
   41         (d) Involves the use of an expense account or a corporate
   42  debit or credit card;
   43         (e) Authorizes the employee to have access to information,
   44  including a trade secret, formula, pattern, compilation,
   45  program, device, method, technique, or process that derives
   46  actual or potential independent economic value from not being
   47  generally known to, and not being readily ascertainable by
   48  proper means by, other persons who can obtain economic value
   49  from the disclosure or use of the information and is the subject
   50  of efforts that are reasonable under the circumstances to
   51  maintain its secrecy; or
   52         (f) Involves public safety, such as a law enforcement
   53  officer, peace officer, or other position involving enforcement
   54  of state or federal criminal laws.
   55         (4) As used in paragraph (3)(a), the term:
   56         (a) “Managerial” means a position that requires an
   57  individual to formulate and effectuate management policies by
   58  expressing and making operative the decisions of the employer.
   59         (b) “Supervisory” means a position in which an individual
   60  has the authority, in the interest of the employer, to hire,
   61  transfer, suspend, lay off, recall, promote, discharge, assign,
   62  reward, or discipline other employees, or the responsibility to
   63  direct them, adjust their grievances, or recommend such action
   64  where the authority or responsibility is not merely routine or
   65  clerical, but requires the use of independent judgment.
   66         (5) This section does not apply to an employer that is:
   67         (a) Expressly permitted or required to inquire into an
   68  applicant’s credit report or credit history for employment
   69  purposes pursuant to a federal or state law.
   70         (b) A financial institution that accepts deposits that are
   71  insured by a federal agency, or an affiliate or subsidiary of
   72  the financial institution.
   73         (c) A credit union or state-chartered bank registered with
   74  the Office of Financial Regulation.
   75         (d) An entity that is registered as an investment advisor
   76  with the United States Securities and Exchange Commission, or an
   77  affiliate of the entity.
   78         (6)(a) Without regard to any other remedy or relief to
   79  which a person is entitled, a person aggrieved by a violation of
   80  this section may bring an action to obtain a declaratory
   81  judgment that an act or practice violates this section and to
   82  enjoin the violator from further violations.
   83         (b) A person who has suffered a loss as a result of a
   84  violation of this section may recover actual damages, plus
   85  attorney fees and court costs.
   86         (c) In any action brought under this section, upon motion
   87  of the defendant, alleging that the action is frivolous, without
   88  legal or factual merit, or brought for the purpose of
   89  harassment, the court may, after hearing evidence as to the
   90  necessity therefor, require the plaintiff to post bond in an
   91  amount that the court finds reasonable to indemnify the
   92  defendant for any damages incurred, including reasonable
   93  attorney fees. This subsection does not apply to any action
   94  initiated by the enforcing authority.
   95         Section 2. This act shall take effect July 1, 2012.