Access to Personnel Files Law Summaries
Florida, Access to Personnel Files Law Summaries
Florida does not have a general access to personnel files law. However, Florida's education law provides for public school system employee access at Title XVI, Chapter 231, and for state university employee access at Title XVI, Chapter 240. There are also provisions for law enforcement/correction officers (Title X, Chapter 112, Part VI) and health care workers (Title 29, Ch. 395).
DEFINITIONS
With respect to public school system employers, “personnel file” means all records, information, data, or materials maintained by a public school system, in any form or retrieval system whatsoever, with respect to any of its employees, which is uniquely applicable to that employee, whether maintained in one or more locations (Sec. 231.291(4)).
WHAT THE EMPLOYER MUST DO
School districts.- Upon request, a public school system employee, or any person designated in writing by the employee, must be permitted to examine the employee's own personnel file. The employee must be permitted to reproduce any materials in the file, at a cost no greater than: 15 cents for a one-sided copy of a page that is not more than 14 inches by 8 1/2 inches; for all other copies, the actual cost of duplication. Extra charges for duplicating two-sided copies cannot exceed five cents (Sec. 231.291(2)(e)).
Universities.- State university records containing information reflecting academic evaluations of employee performance must be open to inspection by the employee and by officials of the university responsible for supervision of the employee. In addition, the record of any disciplinary or grievance proceeding, including any evidence presented, must be open to inspection by the employee at all times (Sec. 240.253).
Law enforcement/correctional officers.- A law enforcement officer or correctional officer has the right to review his or her official personnel file at any reasonable time under the supervision of the designated records custodian. A law enforcement officer or correctional officer may attach to the file a concise statement in response to any items included in the file identified by the officer as derogatory, and copies of such items must be made available to the officer (Sec. 112.533, as amended by H. 3161, L. 1997, effective May 27, 1998).
Health care workers.- A licensed facility may prescribe the content and custody of limited-access records that the facility may maintain on its employees. Such records shall be limited to information regarding evaluations of employee performance, including records forming the basis for evaluation and subsequent actions, and shall be open to inspection only by the employee and by officials of the facility who are responsible for the supervision of the employee. The custodian of limited-access employee records shall release information from such records to other employers or only upon authorization in writing from the employee or upon order of a court of competent jurisdiction. Any facility releasing such records pursuant to this part shall be considered to be acting in good faith and may not be held liable for information contained in such records, absent a showing that the facility maliciously falsified such records. Such limited-access employee records are exempt from Sec. 119.07(1) (public records law) for a period of five years from the date such records are designated limited-access records (Sec. 395.3025(9)).
The home addresses, telephone numbers, social security numbers, and photographs of employees of any licensed facility who provide direct patient care or security services; the home addresses, telephone numbers, social security numbers, photographs, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are confidential and exempt from Sec. 119.07(1) (public records law) and Sec. 24(a), Art. I of the state constitution. However, any state or federal agency that is authorized to have access to such information by any provision of law shall be granted such access in the furtherance of its statutory duties (Sec. 395.3025(10), to be repealed October 2, 2004, unless reviewed and saved from repeal through reenactment by the legislature). Effective October 1, 2004, the repeal language is removed from this provision and the exemption is revised-the licensed facility employees' social security numbers and the social security numbers and photographs of their spouses and children are removed from exemption (S. 464 (Ch. 2004-43), L. 2004).
The home addresses, telephone numbers, social security numbers, and photographs of employees of any licensed facility who have a reasonable belief that release of the information may be used to threaten, intimidate, harass, inflict violence upon, or defraud the employee or any member of the employee's family; the home addresses, telephone numbers, social security numbers, photographs, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are confidential and exempt from Sec. 119.07(1) (public records law) and Sec. 24(a), Art. I of the state constitution. However, any state or federal agency that is authorized to have access to such information by any provision of law shall be granted such access in the furtherance of its statutory duties. The licensed facility shall maintain the confidentiality of the personal information only if the employee submits a written request for confidentiality to the licensed facility (Sec. 395.3025(11), to be repealed October 2, 2004, unless reviewed and saved from repeal through reenactment by the legislature).
DEADLINES
School districts
Materials relating to work performance, discipline, suspension, or dismissal of a public school system employee cannot be placed in the employee's personnel file unless such materials have been reduced to writing within 45 days, exclusive of the summer vacation period, of the school system administration becoming aware of the facts reflected in the materials (Sec. 231.291(1)).
RECORDKEEPING
School districts
Public school system employee personnel files must be maintained as follows:
Except for materials pertaining to work performance or such other matters that may be cause for discipline, suspension, or dismissal under Florida law, no derogatory materials relating to an employee's conduct, service, character, or personality may be placed in the personnel file of such employee.
No anonymous letters or anonymous materials are to be placed in the employee's personnel file.
Materials relating to work performance, discipline, suspension, or dismissal must be reduced to writing and signed by a person competent to know the facts or make the judgment.
Any materials placed in a personnel file must be reduced to writing within 45 days, exclusive of the summer vacation period, of the school system administration becoming aware of the facts reflected in the materials (Sec. 231.291(1)).
Written materials in an employee's file may be appended to clarify or amplify, as needed.
A copy of materials to be added to an employee's personnel file must be provided to the employee either by certified mail, return receipt requested, to the employee's address of record, or by personal delivery. The employee's signature on a copy of the materials to be filed is proof of receipt but does not necessarily indicate agreement with the contents.
An employee has the right to respond in writing to any such materials and such response must be attached to the file copy. An employee has the right to request that the superintendent or the superintendent's designee make an informal inquiry regarding any material the employee believes to be false. The official who makes the inquiry must append to the material a written report of the findings (Sec. 231.291(2)(a) -(d)).
<p>An employee has the right to respond in writing to any such materials and such response must be attached to the file copy.</p>
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