House Bill 4123
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1998                HB 4123
        By the Committee on Elder Affairs & Long Term Care and
    Representatives Brooks, Jacobs, Argenziano, Carlton, Wiles,
    Reddick and Barreiro
  1                      A bill to be entitled
  2         An act relating to public records; providing an
  3         exemption from public records requirements for
  4         information obtained by the Agency for Health
  5         Care Administration or a nursing facility in
  6         connection with background screening of
  7         employees and prospective employees of the
  8         facility; providing for future review and
  9         repeal; providing a finding of public
10         necessity; providing a contingent effective
11         date.
12
13  Be It Enacted by the Legislature of the State of Florida:
14
15         Section 1.  Except as provided in ss. 400.215(2)(c) and
16  435.10, Florida Statutes, criminal records, juvenile records,
17  or abuse registry information that is obtained by the Agency
18  for Health Care Administration in connection with background
19  screening requirements that apply to an employee or a
20  prospective employee of a nursing facility is confidential and
21  exempt from the provisions of s. 119.07(1), Florida Statutes,
22  and s. 24(a), Art. I of the State Constitution. This section
23  is subject to the Open Government Sunset Review Act of 1995 in
24  accordance with s. 119.15, Florida Statutes, and shall stand
25  repealed on October 2, 2003, unless reviewed and saved from
26  repeal through enactment by the Legislature.
27         Section 2.  The Legislature finds that exempting
28  criminal records, juvenile records, and abuse registry
29  background screening information related to employees and
30  prospective employees of nursing facilities from public
31  disclosure is a public necessity, in that the health and
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CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1998                HB 4123
    173-949-98
  1  safety of the public necessitates having available applicants
  2  for positions as nursing facility personnel.  Allowing such
  3  information concerning employees or applicants to be
  4  disseminated would have a chilling effect upon the willingness
  5  to apply for such positions on the part of any person about
  6  whom there is information of past misbehavior contained in
  7  juvenile records or criminal records or in the central abuse
  8  registry, even if the person were fully rehabilitated and
  9  would be a suitable employee.  Juvenile records and central
10  abuse registry information are otherwise already exempt.
11         Section 3.  This act shall take effect on the same date
12  that Committee Substitute for House Bills 3089 and 171 or
13  similar legislation creating the Nursing Home Facility
14  Personnel Screening Act takes effect, if such legislation is
15  adopted in the same legislative session or an extension
16  thereof.
17
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19                          HOUSE SUMMARY
20
      Provides an exemption from public records requirements
21    for information obtained by the Agency for Health Care
      Administration or a nursing facility in connection with
22    background screening of employees and prospective
      employees of the facility. Provides for future review and
23    repeal.
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