House Bill 0125

    Florida House of Representatives - 2000                 HB 125

        By Representative Tullis






  1                      A bill to be entitled

  2         An act relating to release of employee

  3         information by employers; providing duties of

  4         current and former employers with respect to a

  5         background investigation of an applicant for

  6         employment or appointment as a full-time,

  7         part-time, or auxiliary law enforcement

  8         officer, correctional officer, or correctional

  9         probation officer; requiring submission of an

10         authorization to release information form and

11         providing requirements with respect thereto;

12         providing a penalty for noncompliance;

13         providing an effective date.

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

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17         Section 1.  (1)  When a law enforcement, correctional,

18  or correctional probation officer is conducting a background

19  investigation of an applicant for temporary or permanent

20  employment or appointment as a full-time, part-time, or

21  auxiliary law enforcement, correctional, or correctional

22  probation officer with an employing agency as defined in s.

23  943.10(4), Florida Statutes, the applicant's current or former

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

25  officer conducting the background investigation the complete

26  employment record of the applicant and, to the extent known,

27  any other verifiable information which would lead one to

28  believe that the applicant fails to meet the minimum

29  qualifications as set forth in s. 943.13, Florida Statutes.

30  The investigating officer must present to the current or

31  former employer credentials demonstrating employment with the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                 HB 125

    733-106-00






  1  employing agency.  Upon the presentation of an authorization

  2  for release of information form that must be designed and

  3  approved by the Criminal Justice Standards and Training

  4  Commission, the employer shall provide to the investigating

  5  officer the requested information, which may include a copy of

  6  the complete employment record or portion thereof. The form

  7  must:

  8         (a)  Be either the original authorization or a copy or

  9  facsimile of the original authorization.

10         (b)  Have been executed by the applicant no more than 1

11  year prior to the request.

12         (c)  Contain a statement that the authorization has

13  been specifically furnished to the presenting law enforcement

14  agency.

15         (d)  Bear the notarized signature of the applicant.

16         (2)  Whoever fails to comply with the provisions of

17  this section commits a noncriminal violation, punishable by a

18  fine of up to $500.

19         Section 2.  This act shall take effect upon becoming a

20  law.

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22            *****************************************

23                          HOUSE SUMMARY

24
      Provides duties of current and former employers with
25    respect to provision of information in connection with a
      background investigation of an applicant for employment
26    or appointment as a full-time, part-time, or auxiliary
      law enforcement officer, correctional officer, or
27    correctional probation officer. Requires submission of an
      authorization to release information form and provides
28    requirements with respect thereto. Provides a penalty for
      noncompliance.
29

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