Senate Bill 0378c2

    Florida Senate - 2000                     CS for CS for SB 378

    By the Committees on Criminal Justice; Governmental Oversight
    and Productivity; and Senator King




    307-1869-00

  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.

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

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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, or an agent

23  thereof, is conducting a background investigation of an

24  applicant for temporary or permanent employment or appointment

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

26  officer, correctional officer, or correctional probation

27  officer with an employing agency as defined in section

28  943.10(4), Florida Statutes, the applicant's current or former

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

30  officer or his or her agent conducting the background

31  investigation employment information concerning the applicant.

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






    Florida Senate - 2000                     CS for CS for SB 378
    307-1869-00




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

  2  the employer from whom the information is being sought

  3  credentials demonstrating the investigating officer's

  4  employment with the employing agency and an authorization form

  5  for release of information which is designed and approved by

  6  the Criminal Justice Standards and Training Commission.

  7         (b)  The authorization form for release of information

  8  must:

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

10  facsimile of the original authorization;

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

12  year before the request;

13         3.  Contain a statement that the authorization has been

14  specifically furnished to the presenting law enforcement

15  agency; and

16         4.  Bear the authorized signature of the applicant.

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

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

19  information relating to job applications, performance

20  evaluations, attendance records, disciplinary matters, reasons

21  for termination, and eligibility for rehire, and other

22  information relevant to an officer's performance, except

23  information that any other state or federal law prohibits

24  disclosing.

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.

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






    Florida Senate - 2000                     CS for CS for SB 378
    307-1869-00




  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.

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12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                            CS/SB 378

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15  Expands the list of people who may be provided the job
    applicant's employment information to include an agent acting
16  on behalf of a law enforcement officer, correctional officer
    or correctional probation officer.
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