HB 1349

1
A bill to be entitled
2An act relating to in-home service and residential
3delivery companies; providing a popular name; creating s.
4768.097, F.S.; defining terms; requiring in-home service
5and residential delivery companies to perform background
6checks on certain employees and others; providing for
7application; providing a rebuttable presumption that the
8in-home service company or residential delivery company
9had not acted negligently if certain requirements were
10met; providing a rebuttable presumption that certain
11persons who contract with a residential delivery company
12or in-home service company are not negligent if certain
13requirements were met; providing applicability; providing
14an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  This act may be cited as the "Sue Weaver Act."
19     Section 2.  Section 768.097, Florida Statutes, is created
20to read:
21     768.097  In-home service and residential delivery
22companies; liability for negligent hiring, retention, and
23supervision.--
24     (1)  DEFINITIONS.--For purposes of this section:
25     (a)  "In-home service company" means a company that
26provides, through an employee, agent, subcontractor, or
27independent contractor, service, repair, replacement,
28maintenance, cleaning, or other work to a customer's residential
29dwelling.
30     (b)  "Residential delivery company" means a company that
31provides, through an employee, agent, subcontractor, or
32independent contractor, delivery of an item to a residential
33dwelling and enters the dwelling to place, assemble, or install
34the item.
35     (c)  "Private vendor" means a consumer reporting agency
36with the ability to access Department of Law Enforcement
37criminal records and whose database contains more than
38150,000,000 criminal records, has substantial national coverage,
39and receives regularly scheduled updates.
40     (2)  BACKGROUND CHECK.--An in-home service company or
41residential delivery company shall obtain from the Florida
42Department of Law Enforcement or a private vendor the criminal
43history record information relating to any employee, agent,
44subcontractor, or independent subcontractor whose job duties
45require or will require entry into another person's dwelling for
46in-home service or residential delivery purposes. This
47background check shall be completed prior to the employee,
48agent, subcontractor, or independent contractor entering a
49dwelling for in-home service or residential delivery purposes.
50     (3)  APPLICATION.--This section applies only to an action
51against an in-home service company or residential delivery
52company that:
53     (a)  Arises out of a criminal act or omission by an
54employee, agent, subcontractor, or independent contractor of the
55company as to whom the company is required to obtain criminal
56history record information under subsection (2).
57     (b)  Is brought by or on behalf of a person whose dwelling
58was entered into by an employee, agent, subcontractor, or
59independent contractor of the in-home service company or
60residential delivery company while in the performance of those
61job duties, without regard to where or when the criminal act or
62omission occurred.
63     (c)  Seeks damages from the company for the negligent
64hiring, retention, or supervision of the employee, agent,
65subcontractor, or independent contractor.
66
67In an action to which this section applies, the provisions of
68this section supersede those of s. 768.096.
69     (4)  PRESUMPTION AGAINST COMPANY NEGLIGENCE.--In an action
70to which this section applies, an in-home service company or
71residential delivery company is rebuttably presumed to have not
72acted negligently if:
73     (a)  The company obtained criminal history record
74information regarding employees, agents, subcontractors, or
75independent contractors required under subsection (2).
76     (b)  The criminal history record information shows that, in
77the 20 years preceding the date the information was obtained for
78a felony or in the 10 years preceding the date the information
79was obtained for a misdemeanor, the employee, agent,
80subcontractor, or independent contractor had not been found
81guilty of, regardless of adjudication, or entered a plea of nolo
82contendere or guilty to any offense listed in s. 435.03(2) or
83any offense in another jurisdiction that would have been listed
84in s. 435.03(2) if the offense had occurred in this state.
85     (5)  PRESUMPTION AGAINST CUSTOMER NEGLIGENCE.--A person who
86contracts with a residential delivery company to deliver an item
87or who contracts with an in-home service company to place,
88assemble, repair, replace, service, clean, or install an item is
89rebuttably presumed to have not acted negligently in doing so
90if:
91     (a)  The residential delivery company or in-home service
92company is in compliance with subsection (4).
93     (b)  The residential delivery company or in-home service
94company is not required to perform background checks on
95subcontractors and independent contractors if the background
96check required under subsection (2) has been performed within
97the preceding year by the subcontractor or independent
98contractor's employer.
99     Section 3.  This act shall take effect July 1, 2005, and
100applies only to a cause of action that accrues on or after that
101date.


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