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
42 reasonable fee, 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:
46 1. To a consumer 65 years of age or older for the initial
47 placement or removal of a security freeze; or
48 2. To a victim of identity theft who has submitted, at the
49 time the security freeze is requested, a copy of a valid
50 investigative or incident report or complaint with a law
51 enforcement agency about the unlawful use of the victim’s
52 identifying 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.
81 4. 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;
92 and
93 (c) Paying the agency a fee as authorized under this
94 section.
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).
109 c. A fee as authorized under this section.
110 2. A protected consumer submitting a request for removal
111 must provide both all of 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.
117 c. A fee as authorized under this section.
118 (9)(a) A consumer reporting agency may not charge any a
119 reasonable fee, not to exceed $10, to place or remove a security
120 freeze.
121 (b) A consumer reporting agency may also charge 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 under
128 this section to the representative of a protected consumer who
129 is a victim of identity theft if the representative submits, at
130 the time the security freeze is requested, a copy of a valid
131 investigative report, an incident report, or a complaint with a
132 law enforcement agency about the unlawful use of the protected
133 consumer’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.
155 4. Payment of a fee.
156 Section 3. This act shall take effect July 1, 2018.