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House Bill 3005




    Florida House of Representatives - 1998                HB 3005

        By Representative Edwards






  1                      A bill to be entitled

  2         An act relating to law enforcement background

  3         investigations; amending s. 768.095, F.S.,

  4         relating to employer immunity with respect to

  5         disclosure of information regarding former

  6         employees; requiring disclosure by a former or

  7         current employer of certain information

  8         authorized for release by an applicant for a

  9         law enforcement officer position, under

10         specified circumstances; defining the offense

11         of violating such disclosure requirements for

12         law enforcement background investigations, and

13         providing penalties therefor; providing an

14         effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Section 768.095, Florida Statutes, is

19  amended to read:

20         768.095  Employer immunity from liability; disclosure

21  of information regarding former employees.--

22         (1)  An employer who discloses information about a

23  former employee's job performance to a prospective employer of

24  the former employee upon request of the prospective employer

25  or of the former employee is presumed to be acting in good

26  faith and, unless lack of good faith is shown by clear and

27  convincing evidence, is immune from civil liability for such

28  disclosure or its consequences.  For purposes of this section,

29  the presumption of good faith is rebutted upon a showing that

30  the information disclosed by the former employer was knowingly

31  false or deliberately misleading, was rendered with malicious

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    Florida House of Representatives - 1998                HB 3005

    519-141A-98






  1  purpose, or violated any civil right of the former employee

  2  protected under chapter 760.

  3         (2)(a)  When a law enforcement background investigator

  4  is conducting a background investigation of an applicant for

  5  temporary or permanent employment or appointment as a

  6  full-time, part-time, or auxiliary law enforcement officer,

  7  pursuant to s. 943.133, the applicant's current or former

  8  employer, or the employer's agent, shall have an affirmative

  9  duty to provide the complete employment history of the

10  applicant with the employer and other pertinent information

11  requested of the applicant, to the extent known by the

12  employer.  The employer shall provide such information upon

13  the presentation by the investigator of an authority for

14  release of information that has been executed by the

15  applicant, with the applicant's signature notarized.

16         (b)  A person who violates this subsection commits a

17  misdemeanor of the second degree, punishable as provided in s.

18  775.082 or s. 775.083.

19         Section 2.  This act shall take effect October 1, 1998.

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21            *****************************************

22                          HOUSE SUMMARY

23
      Requires disclosure by a former or current employer of
24    certain information authorized for release by the
      applicant for temporary or permanent employment or
25    appointment as a full-time, part-time, or auxiliary law
      enforcement officer.  Defines the offense of violating
26    such disclosure requirements for law enforcement
      background investigations, and provides penalties.
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