Senate Bill sb2526

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2526

    By Senator Hill





    1-2019-04

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         311.12, F.S.; creating an exemption from

  4         public-records requirements for documents

  5         produced during a background investigation of

  6         an individual seeking employment at, or regular

  7         access to, a seaport in this state; providing

  8         for future legislative review and repeal;

  9         providing findings of public necessity;

10         providing a contingent effective date.

11  

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

13  

14         Section 1.  Subsection (7) is added to section 311.12,

15  Florida Statutes, to read:

16         311.12  Seaport security standards.--

17         (7)  All documents made or produced during the

18  background investigation of an individual seeking employment

19  at, or regular access to, a seaport in this state are

20  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

21  of the State Constitution.

22         Section 2.  Subsection (7) of section 311.12, Florida

23  Statutes, is subject to the Open Government Sunset Review Act

24  of 1995 in accordance with section 119.15, Florida Statutes,

25  and shall stand repealed on October 2, 2009, unless reviewed

26  and saved from repeal through reenactment by the Legislature.

27         Section 3.  The Legislature finds that it is a public

28  necessity to exempt from public disclosure all documents made

29  or produced during a background investigation of an individual

30  seeking employment at, or regular access to, a seaport in this

31  state. The information obtained by the Department of Law

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    Florida Senate - 2004                                  SB 2526
    1-2019-04




 1  Enforcement is sensitive information used to determine whether

 2  the individual poses a terrorism security risk to the seaports

 3  of this state. Because of the extensive criminal background

 4  checks required by state and federal laws, the information

 5  derived by these security investigations should not be made

 6  available to the public, including the individual's

 7  employer. The Legislature finds that any information collected

 8  for applicants applying for employment at, or access to,

 9  restricted areas of the seaport, or information constituting

10  grounds for denial of a Uniform Port Access Credential Card

11  may be used only for making determinations for employment or

12  access under this section. An individual's employer may only

13  be informed of whether the individual was issued the Uniform

14  Port Access Credential Card under section 311.12, Florida

15  Statutes. Furthermore, confidentiality of the

16  employment-screening information is mandated by federal law

17  during the process to issue the federal maritime

18  transportation security card, Pub.L. No. 107-295, s. 70105(e).

19         Section 4.  This act shall take effect on the same date

20  that SB ____ or similar legislation takes effect, if such

21  legislation is adopted in the same legislative session or an

22  extension thereof and becomes law.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Creates an exemption from public-records requirements for
      documents produced during a background investigation of
27    an individual seeking employment at, or regular access
      to, a seaport in this state. Provides for future
28    legislative review and repeal under the Open Government
      Sunset Review Act of 1995. Provides findings of public
29    necessity. (See bill for details.)

30  

31  

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