Senate Bill 1106

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



    Florida Senate - 1998                                  SB 1106

    By Senator Silver





    38-753-98                                               See HB

  1                      A bill to be entitled

  2         An act relating to release of employee

  3         information by employers; amending s. 768.095,

  4         F.S.; expanding provisions relating to employer

  5         immunity from liability and disclosure of

  6         information regarding former employees to

  7         include immunity from liability for current

  8         employers and disclosure of information with

  9         respect to current employees; providing

10         specified requirements of employers with

11         respect to a background investigation of an

12         applicant for employment or appointment as a

13         full-time, part-time, or auxiliary law

14         enforcement officer or correctional officer;

15         providing requirements with respect to an

16         authorization to release information; providing

17         a penalty for noncompliance; providing an

18         effective date.

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

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22         Section 1.  Section 768.095, Florida Statutes, is

23  amended to read:

24         768.095  Employer immunity from liability; disclosure

25  of information regarding former or current employees.--An

26  employer who discloses information about a former or current

27  employee's job performance to a prospective employer of the

28  former or current employee upon request of a the prospective

29  employer or of the former or current employee is presumed to

30  be acting in good faith and, unless lack of good faith is

31  shown by clear and convincing evidence, is immune from civil

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






    Florida Senate - 1998                                  SB 1106
    38-753-98                                               See HB




  1  liability for such disclosure or its consequences.  For

  2  purposes of this section, the presumption of good faith is

  3  rebutted upon a showing that the information disclosed by a

  4  the former or current employer was knowingly false or

  5  deliberately misleading, was rendered with malicious purpose,

  6  or violated any civil right of the former or current employee

  7  protected under chapter 760.

  8         Section 2.  (1)  When a law enforcement background

  9  investigator is conducting a background investigation of an

10  applicant for temporary or permanent employment, or

11  appointment as a full-time, part-time, or auxiliary law

12  enforcement officer or correctional officer, the applicant's

13  current or former employer, or the employer's agent, shall

14  provide to the background investigator the complete employment

15  history of the applicant with the employer and such other

16  information requested about the applicant, to the extent known

17  by the employer. The employer shall provide such information

18  upon the presentation by the investigator of an authorization

19  for the release of information, which authorization shall:

20         (a)  Be either the original authorization or a copy or

21  facsimile of the original authorization.

22         (b)  Have been executed by the applicant no more than 1

23  year prior to the request.

24         (c)  Contain a statement that the authorization has

25  been specifically furnished to the presenting law enforcement

26  agency.

27         (d)  Bear the notarized signature of the applicant.

28         (2)  Whoever fails to comply with the provisions of

29  this section commits a noncriminal violation, punishable by a

30  fine of up to $500.

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






    Florida Senate - 1998                                  SB 1106
    38-753-98                                               See HB




  1         Section 3.  This act shall take effect upon becoming a

  2  law.

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  4            *****************************************

  5                          HOUSE SUMMARY

  6
      Expands provisions relating to employer immunity from
  7    liability and disclosure of information regarding former
      employees to include immunity from liability for current
  8    employers and disclosure of information with respect to
      current employees. Provides specified requirements of
  9    employers with respect to a background investigation of
      an applicant for employment or appointment as a
10    full-time, part-time, or auxiliary law enforcement
      officer or correctional officer. Provides requirements
11    with respect to an authorization to release information.
      Provides a $500 noncriminal fine for noncompliance.
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