HOUSE AMENDMENT
                                                   Bill No. HB 261   Barcode 950651
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Judicial Oversight offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
17         Section 1.  Release of employee information by
18  employers.--
19         (1)  As used in this section, the term:
20         (a)  "Employing agency" has the same meaning ascribed
21  in section 943.10, Florida Statutes.
22         (b)  "Employment information" includes, but is not
23  limited to, written information relating to job applications,
24  performance evaluations, attendance records, disciplinary
25  matters, reasons for termination, eligibility for rehire, and
26  other information relevant to an officer's performance, except
27  information that any other state or federal law prohibits
28  disclosing or information that is subject to a legally
29  recognized privilege the employer is otherwise entitled to
30  invoke.
31         (2)(a)  When a law enforcement officer, correctional
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    File original & 9 copies    03/29/01                          
    hjo0006                     11:55 am         00261-jo  -950651

HOUSE AMENDMENT Bill No. HB 261 Barcode 950651 Amendment No. 01 (for drafter's use only) 1 officer, or correctional probation officer, or an agent 2 thereof, is conducting a background investigation of an 3 applicant for temporary or permanent employment or appointment 4 as a full-time, part-time, or auxiliary law enforcement 5 officer, correctional officer, or correctional probation 6 officer with an employing agency, the applicant's current or 7 former employer, or the employer's agent, shall provide to the 8 officer or his or her agent conducting the background 9 investigation employment information concerning the applicant. 10 The investigating officer or his or her agent must present to 11 the employer from whom the information is being sought 12 credentials demonstrating the investigating officer's 13 employment with the employing agency and an authorization form 14 for release of information which is designed and approved by 15 the Criminal Justice Standards and Training Commission. 16 (b) The authorization form for release of information 17 must: 18 1. Be either the original authorization or a copy or 19 facsimile of the original authorization; 20 2. Have been executed by the applicant no more than 1 21 year before the request; 22 3. Contain a statement that the authorization has been 23 specifically furnished to the employing agency presenting the 24 authorization; and 25 4. Bear the authorized signature of the applicant. 26 (3) This section does not require an employer to 27 maintain employment information other than that kept in the 28 ordinary course of business. 29 (4) If an employer refuses to disclose information to 30 an employing agency in accordance with this section, the 31 employing agency has grounds for a civil action for injunctive 2 File original & 9 copies 03/29/01 hjo0006 11:55 am 00261-jo -950651
HOUSE AMENDMENT Bill No. HB 261 Barcode 950651 Amendment No. 01 (for drafter's use only) 1 relief requiring disclosure by the employer. 2 (5) An employer who releases employment information 3 pursuant to this section is presumed to have acted in good 4 faith and is not liable for that action without a showing that 5 the employer maliciously falsified the information. 6 (6) An employer may charge a reasonable fee to cover 7 the actual costs incurred by the employer in copying and 8 furnishing documents to an employing agency as required by 9 this section. 10 Section 2. This act shall take effect upon becoming a 11 law. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 remove from the title of the bill: the entire title 17 18 and insert in lieu thereof: 19 A bill to be entitled 20 An act relating to release of employee 21 information by employers; providing specified 22 requirements of employers with respect to a 23 background investigation of an applicant for 24 employment or appointment as a full-time, 25 part-time, or auxiliary law enforcement 26 officer, correctional officer, or correctional 27 probation officer; providing requirements 28 relating to an authorization to release 29 information; defining the terms "employing 30 agency" and "employment information"; providing 31 for injunctive relief; providing a presumption; 3 File original & 9 copies 03/29/01 hjo0006 11:55 am 00261-jo -950651
HOUSE AMENDMENT Bill No. HB 261 Barcode 950651 Amendment No. 01 (for drafter's use only) 1 providing qualified immunity from civil 2 liability for release; providing for fees to 3 cover certain costs incurred by the employer; 4 providing an effective date. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 File original & 9 copies 03/29/01 hjo0006 11:55 am 00261-jo -950651