Senate Bill sb0252c1

    Florida Senate - 2001                            CS for SB 252

    By the Committee on Commerce and Economic Opportunities; and
    Senator King




    310-1467-01

  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 terms "employing

12         agency" and "employment information"; providing

13         for injunctive relief; providing a presumption;

14         providing qualified immunity from civil

15         liability for release; providing for fees to

16         cover certain costs incurred by the employer;

17         providing an effective date.

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

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21         Section 1.  Release of employee information by

22  employers.--

23         (1)  As used in this section, the term:

24         (a)  "Employing agency" has the same meaning ascribed

25  in section 943.10, Florida Statutes.

26         (b)  "Employment information" includes, but is not

27  limited to, written information relating to job applications,

28  performance evaluations, attendance records, disciplinary

29  matters, reasons for termination, eligibility for rehire, and

30  other information relevant to an officer's performance, except

31  information that any other state or federal law prohibits

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






    Florida Senate - 2001                            CS for SB 252
    310-1467-01




  1  disclosing or information that is subject to a legally

  2  recognized privilege the employer is otherwise entitled to

  3  invoke.

  4         (2)(a)  When a law enforcement officer, correctional

  5  officer, or correctional probation officer, or an agent

  6  thereof, is conducting a background investigation of an

  7  applicant for temporary or permanent employment or appointment

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

  9  officer, correctional officer, or correctional probation

10  officer with an employing agency, the applicant's current or

11  former employer, or the employer's agent, shall provide to the

12  officer or his or her agent conducting the background

13  investigation employment information concerning the applicant.

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

15  the employer from whom the information is being sought

16  credentials demonstrating the investigating officer's

17  employment with the employing agency and an authorization form

18  for release of information which is designed and approved by

19  the Criminal Justice Standards and Training Commission.

20         (b)  The authorization form for release of information

21  must:

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

23  facsimile of the original authorization;

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

25  year before the request;

26         3.  Contain a statement that the authorization has been

27  specifically furnished to the employing agency presenting the

28  authorization; and

29         4.  Bear the authorized signature of the applicant.

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    Florida Senate - 2001                            CS for SB 252
    310-1467-01




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

  2  maintain employment information other than that kept in the

  3  ordinary course of business.

  4         (4)  If an employer refuses to disclose information to

  5  an employing agency in accordance with this section, the

  6  employing agency has grounds for a civil action for injunctive

  7  relief requiring disclosure by the employer.

  8         (5)  An employer who releases employment information

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

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

11  the employer maliciously falsified the information.

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

13  the actual costs incurred by the employer in copying and

14  furnishing documents to an employing agency as required by

15  this section.

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

17  law.

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19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                              SB 252

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22  The committee substitute reorganizes the bill to place
    definitions at the beginning of the section; defines
23  "employing agency"; replaces references to "law enforcement
    agency" with "employing agency"; clarifies that only the
24  employing agency has grounds for civil action against an
    employer that refuses to disclose information; and exempts
25  from disclosure information that is subject to a legally
    recognized privilege an employer is otherwise entitled to
26  invoke.

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