Senate Bill 0378c1

    Florida Senate - 2000                            CS for SB 378

    By the Committee on Governmental Oversight and Productivity;
    and Senator King




    302-1126-00

  1                      A bill to be entitled

  2         An act relating to release of employee

  3         information by employers; providing specified

  4         requirements of 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; providing requirements

10         relating to an authorization to release

11         information; defining the term "employment

12         information"; providing for injunctive relief;

13         providing a presumption; providing for fees to

14         cover certain costs incurred by the employer;

15         providing an effective date.

16

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

18

19         Section 1.  Release of employee information by

20  employers.--

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

22  officer, or correctional probation officer is conducting a

23  background investigation of an applicant for temporary or

24  permanent employment or appointment as a full-time, part-time,

25  or auxiliary law enforcement officer, correctional officer, or

26  correctional probation officer with an employing agency as

27  defined in section 943.10(4), Florida Statutes, the

28  applicant's current or former employer, or the employer's

29  agent, shall provide to the officer conducting the background

30  investigation employment information concerning the applicant.

31  The investigating officer must present to the employer from

                                  1

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






    Florida Senate - 2000                            CS for SB 378
    302-1126-00




  1  whom the information is being sought credentials demonstrating

  2  the investigating officer's employment with the employing

  3  agency and an authorization form for release of information

  4  which is designed and approved by the Criminal Justice

  5  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.

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

25  maintain employment information other than that kept in the

26  ordinary course of business.

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

28  law enforcement agency in accordance with this section

29  constitutes grounds for a civil action for injunctive relief

30  requiring disclosure on the part of the employer.

31

                                  2

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






    Florida Senate - 2000                            CS for SB 378
    302-1126-00




  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 2.  This act shall take effect upon becoming a

10  law.

11

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 378

14

15  Changes requirement that the employer provide a complete
    employment record and other verifiable information to only
16  requiring the employer to provide employment information.

17  Adds a definition of employment information.

18  Adds that section does not require employer to maintain
    employment information other than that kept in the ordinary
19  course of business.

20  Adds that an employer's refusal to provide employment
    information constitutes grounds for a civil action for
21  injunctive relief.

22  Adds that an employer who releases employment information is
    presumed to have acted in good faith and is not civilly liable
23  unless it is shown that the employer maliciously falsified the
    information.
24
    Adds that an employer may charge a reasonable fee to cover the
25  actual costs incurred by the employer in providing documents
    to law enforcement agencies.
26

27

28

29

30

31

                                  3