SENATE AMENDMENT

    Bill No. CS/HB 1123

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator King moved the following amendment to amendment

12  (733266):

13

14         Senate Amendment (with title amendment) 

15         On page 4, line 14,

16

17  insert:

18         Section 6.  Release of employee information by

19  employers.--

20         (1)(a)  When a law enforcement officer, correctional

21  officer, or correctional probation officer, or an agent

22  thereof, is conducting a background investigation of an

23  applicant for temporary or permanent employment or appointment

24  as a full-time, part-time, or auxiliary law enforcement

25  officer, correctional officer, or correctional probation

26  officer with an employing agency as defined in section

27  943.10(4), Florida Statutes, the applicant's current or former

28  employer, or the employer's agent, shall provide to the

29  officer or his or her agent conducting the background

30  investigation employment information concerning the applicant.

31  The investigating officer or his or her agent must present to

                                  1
    3:15 PM   05/03/00                              h1123c1c-08r7s




                                                  SENATE AMENDMENT

    Bill No. CS/HB 1123

    Amendment No.    





 1  the employer from whom the information is being sought

 2  credentials demonstrating the investigating officer's

 3  employment with the employing agency and an authorization form

 4  for release of information which is designed and approved by

 5  the Criminal Justice Standards and Training Commission.

 6         (b)  The authorization form for release of information

 7  must:

 8         1.  Be either the original authorization or a copy or

 9  facsimile of the original authorization;

10         2.  Have been executed by the applicant no more than 1

11  year before the request;

12         3.  Contain a statement that the authorization has been

13  specifically furnished to the presenting law enforcement

14  agency; and

15         4.  Bear the authorized signature of the applicant.

16         (2)  As used in this section, the term "employment

17  information" includes, but is not limited to, written

18  information relating to job applications, performance

19  evaluations, attendance records, disciplinary matters, reasons

20  for termination, and eligibility for rehire, and other

21  information relevant to an officer's performance, except

22  information that any other state or federal law prohibits

23  disclosing or information that is subject to a privilege that

24  could be invoked by the employer.

25         (3)  This section does not require an employer to

26  maintain employment information other than that kept in the

27  ordinary course of business.

28         (4)  An employer's refusal to disclose information to a

29  law enforcement agency in accordance with this section

30  constitutes grounds for a civil action for injunctive relief

31  requiring disclosure on the part of the employer.

                                  2
    3:15 PM   05/03/00                              h1123c1c-08r7s




                                                  SENATE AMENDMENT

    Bill No. CS/HB 1123

    Amendment No.    





 1         (5)  An employer who releases employment information

 2  pursuant to this section is presumed to have acted in good

 3  faith and is not liable for that action without a showing that

 4  the employer maliciously falsified the information.

 5         (6)  An employer may charge a reasonable fee to cover

 6  the actual costs incurred by the employer in copying and

 7  furnishing documents to law enforcement agencies as required

 8  by this section.

 9         Section 7.  This act shall take effect October 1, 2000.

10

11

12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14         On page 5, line 6, after the semicolon

15

16  insert:

17         providing specified requirements of employers

18         with respect to a background investigation of

19         an applicant for employment or appointment as a

20         full-time, part-time, or auxiliary law

21         enforcement officer, correctional officer, or

22         correctional probation officer; providing

23         requirements relating to an authorization to

24         release information; defining the term

25         "employment information"; providing for

26         injunctive relief; providing a presumption;

27         providing for fees to cover certain costs

28         incurred by the employer;

29

30

31

                                  3
    3:15 PM   05/03/00                              h1123c1c-08r7s