Senate Bill 1106
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1106
By Senator Silver
38-753-98 See HB
1 A bill to be entitled
2 An act relating to release of employee
3 information by employers; amending s. 768.095,
4 F.S.; expanding provisions relating to employer
5 immunity from liability and disclosure of
6 information regarding former employees to
7 include immunity from liability for current
8 employers and disclosure of information with
9 respect to current employees; providing
10 specified requirements of employers with
11 respect to a background investigation of an
12 applicant for employment or appointment as a
13 full-time, part-time, or auxiliary law
14 enforcement officer or correctional officer;
15 providing requirements with respect to an
16 authorization to release information; providing
17 a penalty for noncompliance; providing an
18 effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Section 768.095, Florida Statutes, is
23 amended to read:
24 768.095 Employer immunity from liability; disclosure
25 of information regarding former or current employees.--An
26 employer who discloses information about a former or current
27 employee's job performance to a prospective employer of the
28 former or current employee upon request of a the prospective
29 employer or of the former or current employee is presumed to
30 be acting in good faith and, unless lack of good faith is
31 shown by clear and convincing evidence, is immune from civil
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1106
38-753-98 See HB
1 liability for such disclosure or its consequences. For
2 purposes of this section, the presumption of good faith is
3 rebutted upon a showing that the information disclosed by a
4 the former or current employer was knowingly false or
5 deliberately misleading, was rendered with malicious purpose,
6 or violated any civil right of the former or current employee
7 protected under chapter 760.
8 Section 2. (1) When a law enforcement background
9 investigator is conducting a background investigation of an
10 applicant for temporary or permanent employment, or
11 appointment as a full-time, part-time, or auxiliary law
12 enforcement officer or correctional officer, the applicant's
13 current or former employer, or the employer's agent, shall
14 provide to the background investigator the complete employment
15 history of the applicant with the employer and such other
16 information requested about the applicant, to the extent known
17 by the employer. The employer shall provide such information
18 upon the presentation by the investigator of an authorization
19 for the release of information, which authorization shall:
20 (a) Be either the original authorization or a copy or
21 facsimile of the original authorization.
22 (b) Have been executed by the applicant no more than 1
23 year prior to the request.
24 (c) Contain a statement that the authorization has
25 been specifically furnished to the presenting law enforcement
26 agency.
27 (d) Bear the notarized signature of the applicant.
28 (2) Whoever fails to comply with the provisions of
29 this section commits a noncriminal violation, punishable by a
30 fine of up to $500.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1106
38-753-98 See HB
1 Section 3. This act shall take effect upon becoming a
2 law.
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5 HOUSE SUMMARY
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Expands provisions relating to employer immunity from
7 liability and disclosure of information regarding former
employees to include immunity from liability for current
8 employers and disclosure of information with respect to
current employees. Provides specified requirements of
9 employers with respect to a background investigation of
an applicant for employment or appointment as a
10 full-time, part-time, or auxiliary law enforcement
officer or correctional officer. Provides requirements
11 with respect to an authorization to release information.
Provides a $500 noncriminal fine for noncompliance.
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