July 09, 2020
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       Florida Senate - 2010                                    SB 2732
       
       
       
       By Senator Dean
       
       
       
       
       3-02095-10                                            20102732__
    1                        A bill to be entitled                      
    2         An act relating to public records; providing an
    3         exemption from public-records requirements for
    4         criminal records, private investigator findings, and
    5         information from reference checks obtained by the
    6         Florida Vocational College for determining the moral
    7         character of employees of the college; providing for
    8         review and repeal of the exemption; providing a
    9         statement of public necessity; providing a contingent
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. (1) The criminal records, private investigator
   15  findings, and information from reference checks obtained by the
   16  Florida Vocational College for determining the moral character
   17  of employees of the college are confidential and exempt from the
   18  provisions of s. 119.071, Florida Statutes, and s. 24(a), Art. I
   19  of the State Constitution.
   20         (2) Subsection (1) is subject to the Open Government Sunset
   21  Review Act in accordance with s. 119.15, Florida Statutes, and
   22  shall stand repealed on October 2, 2015, unless reviewed and
   23  saved from repeal through reenactment by the Legislature.
   24         Section 2. It is the finding of the Legislature that the
   25  criminal records, private investigator findings, and information
   26  from reference checks obtained by the Florida Vocational College
   27  for determining the moral character of employees of the college
   28  should be made confidential and exempt from public-records
   29  requirements. Because of the possibility that information
   30  obtained by the college for determining the moral character of
   31  employees of the school could be of a sensitive personal nature,
   32  such an exemption is in keeping with an individual’s expectation
   33  to a right to privacy and is necessary in order to ensure that
   34  the individual’s information is not misused. In the case of
   35  information obtained from private investigator findings and
   36  reference checks, there exists the possibility that some
   37  information obtained could be inaccurate or require further
   38  verification. The release of such information could cause
   39  unwarranted damage to the name or reputation of the individual
   40  about whom the information was collected and could be used to
   41  damage the good name of the college or persons associated with
   42  the college. In extreme cases, the release of such information
   43  could possibly jeopardize the individual’s safety and welfare by
   44  exposing him or her to potential harassment, intimidation, and
   45  harm. Therefore, it is the finding of the Legislature that the
   46  reasons set forth herein necessitate the exemption from public
   47  records requirements.
   48         Section 3. This act shall take effect July 1, 2010, if SB
   49  ___ or similar legislation is adopted in the same legislative
   50  session or an extension thereof and becomes law.

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