1 | A bill to be entitled |
2 | An act relating to in-home service and residential |
3 | delivery companies; providing a popular name; creating s. |
4 | 768.097, F.S.; defining terms; requiring in-home service |
5 | and residential delivery companies to perform background |
6 | checks on certain employees and others; providing for |
7 | application; providing a rebuttable presumption that the |
8 | in-home service company or residential delivery company |
9 | had not acted negligently if certain requirements were |
10 | met; providing a rebuttable presumption that certain |
11 | persons who contract with a residential delivery company |
12 | or in-home service company are not negligent if certain |
13 | requirements were met; providing applicability; providing |
14 | an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. This act may be cited as the "Sue Weaver Act." |
19 | Section 2. Section 768.097, Florida Statutes, is created |
20 | to read: |
21 | 768.097 In-home service and residential delivery |
22 | companies; liability for negligent hiring, retention, and |
23 | supervision.-- |
24 | (1) DEFINITIONS.--For purposes of this section: |
25 | (a) "In-home service company" means a company that |
26 | provides, through an employee, agent, subcontractor, or |
27 | independent contractor, service, repair, replacement, |
28 | maintenance, cleaning, or other work to a customer's residential |
29 | dwelling. |
30 | (b) "Residential delivery company" means a company that |
31 | provides, through an employee, agent, subcontractor, or |
32 | independent contractor, delivery of an item to a residential |
33 | dwelling and enters the dwelling to place, assemble, or install |
34 | the item. |
35 | (c) "Private vendor" means a consumer reporting agency |
36 | with the ability to access Department of Law Enforcement |
37 | criminal records and whose database contains more than |
38 | 150,000,000 criminal records, has substantial national coverage, |
39 | and receives regularly scheduled updates. |
40 | (2) BACKGROUND CHECK.--An in-home service company or |
41 | residential delivery company shall obtain from the Florida |
42 | Department of Law Enforcement or a private vendor the criminal |
43 | history record information relating to any employee, agent, |
44 | subcontractor, or independent subcontractor whose job duties |
45 | require or will require entry into another person's dwelling for |
46 | in-home service or residential delivery purposes. This |
47 | background check shall be completed prior to the employee, |
48 | agent, subcontractor, or independent contractor entering a |
49 | dwelling for in-home service or residential delivery purposes. |
50 | (3) APPLICATION.--This section applies only to an action |
51 | against an in-home service company or residential delivery |
52 | company that: |
53 | (a) Arises out of a criminal act or omission by an |
54 | employee, agent, subcontractor, or independent contractor of the |
55 | company as to whom the company is required to obtain criminal |
56 | history record information under subsection (2). |
57 | (b) Is brought by or on behalf of a person whose dwelling |
58 | was entered into by an employee, agent, subcontractor, or |
59 | independent contractor of the in-home service company or |
60 | residential delivery company while in the performance of those |
61 | job duties, without regard to where or when the criminal act or |
62 | omission occurred. |
63 | (c) Seeks damages from the company for the negligent |
64 | hiring, retention, or supervision of the employee, agent, |
65 | subcontractor, or independent contractor. |
66 |
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67 | In an action to which this section applies, the provisions of |
68 | this section supersede those of s. 768.096. |
69 | (4) PRESUMPTION AGAINST COMPANY NEGLIGENCE.--In an action |
70 | to which this section applies, an in-home service company or |
71 | residential delivery company is rebuttably presumed to have not |
72 | acted negligently if: |
73 | (a) The company obtained criminal history record |
74 | information regarding employees, agents, subcontractors, or |
75 | independent contractors required under subsection (2). |
76 | (b) The criminal history record information shows that, in |
77 | the 20 years preceding the date the information was obtained for |
78 | a felony or in the 10 years preceding the date the information |
79 | was obtained for a misdemeanor, the employee, agent, |
80 | subcontractor, or independent contractor had not been found |
81 | guilty of, regardless of adjudication, or entered a plea of nolo |
82 | contendere or guilty to any offense listed in s. 435.03(2) or |
83 | any offense in another jurisdiction that would have been listed |
84 | in s. 435.03(2) if the offense had occurred in this state. |
85 | (5) PRESUMPTION AGAINST CUSTOMER NEGLIGENCE.--A person who |
86 | contracts with a residential delivery company to deliver an item |
87 | or who contracts with an in-home service company to place, |
88 | assemble, repair, replace, service, clean, or install an item is |
89 | rebuttably presumed to have not acted negligently in doing so |
90 | if: |
91 | (a) The residential delivery company or in-home service |
92 | company is in compliance with subsection (4). |
93 | (b) The residential delivery company or in-home service |
94 | company is not required to perform background checks on |
95 | subcontractors and independent contractors if the background |
96 | check required under subsection (2) has been performed within |
97 | the preceding year by the subcontractor or independent |
98 | contractor's employer. |
99 | Section 3. This act shall take effect July 1, 2005, and |
100 | applies only to a cause of action that accrues on or after that |
101 | date. |