Senate Bill sb2584

    Florida Senate - 2006                                  SB 2584

    By Senator Bennett





    21-1475-06

  1                      A bill to be entitled

  2         An act relating to public records; amending ss.

  3         125.5801 and 166.0442, F.S.; providing

  4         exemptions from public-records requirements for

  5         information contained in a criminal background

  6         check concerning certain applicants, employees,

  7         and appointees of the governing body of a

  8         county or municipality; providing for future

  9         legislative review and repeal of the exemption

10         under the Open Government Sunset Review Act;

11         providing a statement of public necessity;

12         providing an effective date.

13  

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

15  

16         Section 1.  Section 125.5801, Florida Statutes, is

17  amended to read:

18         125.5801  Criminal history record checks for certain

19  county employees and appointees.--Notwithstanding any

20  categorical limitations within chapter 435, a county may

21  require, by ordinance, employment screening for any position

22  of county employment or appointment which the governing body

23  of the county finds is critical to security or public safety,

24  or for any private contractor, employee of a private

25  contractor, vendor, repair person, or delivery person who has

26  access to any public facility or publicly operated facility

27  that the governing body of the county finds is critical to

28  security or public safety. The ordinance must require each

29  person applying for, or continuing employment in, any such

30  position or having access to any such facility to be

31  fingerprinted. The fingerprints shall be submitted to the

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    Florida Senate - 2006                                  SB 2584
    21-1475-06




 1  Department of Law Enforcement for a state criminal history

 2  record check and to the Federal Bureau of Investigation for a

 3  national criminal history record check. The information

 4  obtained from the criminal history record checks conducted

 5  pursuant to the ordinance may be used by the county to

 6  determine an applicant's eligibility for employment or

 7  appointment and to determine an employee's eligibility for

 8  continued employment. This section is not intended to preempt

 9  or prevent any other background screening, including, but not

10  limited to, criminal history record checks, which a county may

11  lawfully undertake. The information obtained from a criminal

12  history record check conducted pursuant to this section is

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

14  of the State Constitution. This section is subject to the Open

15  Government Sunset Review Act in accordance with s. 119.15, and

16  shall stand repealed on October 2, 2011, unless reviewed and

17  saved from repeal through reenactment by the Legislature.

18         Section 2.  Section 166.0442, Florida Statutes, is

19  amended to read:

20         166.0442  Criminal history record checks for certain

21  municipal employees and appointees.--Notwithstanding any

22  categorical limitations within chapter 435, a municipality may

23  require, by ordinance, employment screening for any position

24  of municipal employment or appointment which the governing

25  body of the municipality finds is critical to security or

26  public safety, or for any private contractor, employee of a

27  private contractor, vendor, repair person, or delivery person

28  who has access to any public facility or publicly operated

29  facility that the governing body of the municipality finds is

30  critical to security or public safety. The ordinance must

31  require each person applying for, or continuing employment in,

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    Florida Senate - 2006                                  SB 2584
    21-1475-06




 1  any such position or having access to any such facility to be

 2  fingerprinted. The fingerprints shall be submitted to the

 3  Department of Law Enforcement for a state criminal history

 4  record check and to the Federal Bureau of Investigation for a

 5  national criminal history record check. The information

 6  obtained from the criminal history record checks conducted

 7  pursuant to the ordinance may be used by the municipality to

 8  determine an applicant's eligibility for employment or

 9  appointment and to determine an employee's eligibility for

10  continued employment. This section is not intended to preempt

11  or prevent any other background screening, including, but not

12  limited to, criminal history background checks, that a

13  municipality may lawfully undertake. The information obtained

14  from a criminal history record check conducted pursuant to

15  this section is confidential and exempt from s. 119.07(1) and

16  s. 24(a), Art. I of the State Constitution. This section is

17  subject to the Open Government Sunset Review Act in accordance

18  with s. 119.15, and shall stand repealed on October 2, 2011,

19  unless reviewed and saved from repeal through reenactment by

20  the Legislature.

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

22  necessity to protect the confidentiality of the criminal

23  background information obtained by a local government under

24  ss. 125.5801 and 166.0442, Florida Statutes, because a local

25  government may not otherwise use the authority granted therein

26  to obtain the criminal background for an applicant, employee,

27  or appointee who is critical to security or public safety for

28  fear that the criminal history information would be made

29  public which would otherwise not have been brought into the

30  public record and would not disqualify the applicant,

31  employee, or appointee in question from being employed by or

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    Florida Senate - 2006                                  SB 2584
    21-1475-06




 1  otherwise conducting business with the local government.

 2  Public employees and other persons have the right of privacy

 3  to protect personal and sensitive information as provided by

 4  s. 23, Art. I of the State Constitution. This right should be

 5  recognized when allowing local governments broadened authority

 6  to conduct background checks. It is for this reason that the

 7  Legislature has recognized an equivalent exemption in s.

 8  435.09, Florida Statutes, regarding criminal background

 9  records of certain public employees. In addition, to the

10  extent federal law regulates the limitations concerning the

11  use and dissemination of federal criminal background records,

12  these superior laws must be recognized in order to avoid a

13  conflict with the state's public-records laws.

14         Section 4.  This act shall take effect October 1, 2006.

15  

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17                          SENATE SUMMARY

18    Provides exemptions from public-records requirements for
      information contained in a criminal background check for
19    certain local government applicants, employees, and
      appointees. Provides for future legislative review and
20    repeal of the exemptions.

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