Senate Bill sb1636

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    Florida Senate - 2005                                  SB 1636

    By Senator Smith





    14-788-05

  1                      A bill to be entitled

  2         An act relating to liability of in-home

  3         services companies and residential delivery

  4         companies for negligent hiring, retention, or

  5         supervision; providing definitions; requiring

  6         an in-home service company or residential

  7         delivery company to obtain criminal history

  8         information concerning certain employees,

  9         agents, subcontractors, and independent

10         contractors from the Department of Law

11         Enforcement or private vendor; providing

12         conditions under which a person may file suit

13         against an in-home service company or

14         residential delivery company for negligent

15         hiring; providing rebuttable presumptions;

16         authorizing an in-home service company or

17         residential delivery company to obtain criminal

18         history information concerning certain

19         applicants and employed persons from the

20         Department of Law Enforcement or a private

21         vendor; prohibiting the disclosure of criminal

22         history information except under certain

23         circumstances; requiring an in-home service

24         company or residential delivery company to

25         maintain criminal history information for a

26         specified period; providing an effective date.

27  

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

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    Florida Senate - 2005                                  SB 1636
    14-788-05




 1         Section 1.  Liability for negligent hiring, retention,

 2  or supervision by an in-home service company or residential

 3  delivery company.--

 4         (1)  As used in this section, the term:

 5         (a)  "In-home service company" means a company that

 6  provides, through an employee, agent, subcontractor, or

 7  independent contractor, a service, repair, replacement,

 8  maintenance, cleaning, or other work to a customer's

 9  residential dwelling.

10         (b)  "Residential delivery company" means a company

11  that provides, through an employee, agent, subcontractor, or

12  independent contractor, the following service:

13         1.  Delivers an item to a residential dwelling; and

14         2.  Enters the residence to place, assemble, or install

15  the item.

16         (c)  "Private vendor" means a consumer-reporting agency

17  whose database contains more than 150 million criminal

18  records, including criminal history information maintained by

19  the Department of Law Enforcement, has substantial national

20  coverage, and receives regularly scheduled updates.

21         (2)  An in-home service company or residential delivery

22  company shall obtain from the Department of Law Enforcement or

23  a private vendor criminal history information concerning any

24  employee, agent, subcontractor, or independent subcontractor

25  whose job duties require or will require entry into another

26  person's residential dwelling. This criminal history

27  background check shall be completed before the employee,

28  agent, subcontractor, or independent contractor enters a

29  residence.

30         (3)  This section applies only to an action against an

31  in-home service company or residential delivery company

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    Florida Senate - 2005                                  SB 1636
    14-788-05




 1  seeking damages from the company for the negligent hiring,

 2  retention, or supervision of an employee, agent,

 3  subcontractor, or independent contractor of the company and

 4  which:

 5         (a)  Arises out of a criminal act or omission by an

 6  employee, agent, subcontractor, or independent contractor of

 7  the company for whom the company is required to obtain

 8  criminal history information under subsection (2); and

 9         (b)  Is brought by or on behalf of a person whose home

10  was entered into by an employee, agent, subcontractor, or

11  independent contractor of the in-home service company or

12  residential delivery company, regardless of where or when the

13  criminal act or omission occurred.

14         (4)  An in-home service company or residential delivery

15  company is rebuttably presumed to have not acted negligently

16  if:

17         (a)  The company obtained criminal history information

18  concerning the employee, agent, subcontractor, or independent

19  contractor as required under subsection (2); and

20         (b)  The criminal history information shows that, with

21  respect to a felony offense, in the 20 years preceding the

22  date the information was obtained, or, with respect to a

23  misdemeanor offense, in the 10 years preceding the date the

24  information was obtained, the employee, agent, subcontractor,

25  or independent contractor had not been convicted of or

26  imprisoned for:

27         1.  An offense in this state classified as:

28         a.  An offense against the person or family;

29         b.  An offense against property; or

30         c.  Public indecency.

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    Florida Senate - 2005                                  SB 1636
    14-788-05




 1         2.  An offense in another jurisdiction which would be

 2  classified in a category described by subparagraph 1. if the

 3  offense had occurred in this state.

 4         (5)(a)  A person who contracts with a residential

 5  delivery company to deliver an item or who contracts with an

 6  in-home service company to place, assemble, repair, replace,

 7  service, clean, or install an item in a residential dwelling

 8  is rebuttably presumed to have not acted negligently in doing

 9  so if the residential delivery company or in-home service

10  company is in compliance with subsection (2).

11         (b)  A residential delivery company or in-home service

12  company is not required to perform a background check on a

13  subcontractor or independent contractor if the background

14  check required under subsection (2) has been performed within

15  the preceding year by the subcontractor or independent

16  contractor's employer.

17         (6)  An in-home service company or residential delivery

18  company may obtain from the Department of Law Enforcement or a

19  private vendor criminal history information maintained by the

20  Department of Law Enforcement which relates to:

21         (a)  An officer of or person employed by the company

22  whose job duties as an employee, agent, subcontractor, or

23  independent contractor require entry into another person's

24  residence; or

25         (b)  An applicant to whom an offer of employment,

26  whether as an employee, agent, subcontractor, or independent

27  contractor, is made for a position of employment with the

28  company, the job duties of which require or may require entry

29  into another person's residence.

30         (7)  Criminal history information obtained by an

31  in-home service company or residential delivery company under

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    Florida Senate - 2005                                  SB 1636
    14-788-05




 1  subsection (2) or subsection (6) may not be released or

 2  disclosed to any person except by court order, upon proper

 3  discovery request during litigation, or with the consent of

 4  the person who is the subject of the criminal history

 5  information.

 6         (8)  The in-home service company or residential

 7  delivery company shall maintain criminal history information

 8  for 4 years after the date the person's office or employment

 9  with the company ends.

10         Section 2.  This act shall take effect July 1, 2005.

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13                          SENATE SUMMARY

14    Requires an in-home service company or residential
      delivery company to obtain criminal history information
15    concerning certain employees, agents, subcontractors, and
      independent contractors from the Department of Law
16    Enforcement or a private vendor. Provides conditions for
      a person to file suit against an in-home service company
17    or residential delivery company for negligent hiring,
      retention, or supervision. Provides rebuttable
18    presumptions. Authorizes an in-home service company or
      residential delivery company to obtain criminal history
19    information from the Department of Law Enforcement or a
      private vendor. Prohibits the disclosure of criminal
20    history information except under certain circumstances.
      Requires an in-home service company or residential
21    delivery company to maintain criminal history information
      for a certain period of time.
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