Senate Bill sb1424

    Florida Senate - 2006                                  SB 1424

    By Senator Klein





    30-1057-06

  1                      A bill to be entitled

  2         An act relating to civil actions; amending s.

  3         768.096, F.S.; requiring that an employer meet

  4         all of the specified conditions that give the

  5         employer a presumption against negligent hiring

  6         in an action for civil damages resulting from

  7         an intentional tort committed by an employee;

  8         providing an effective date.

  9  

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

11  

12         Section 1.  Subsection (1) of section 768.096, Florida

13  Statutes, is amended to read:

14         768.096  Employer presumption against negligent

15  hiring.--

16         (1)  In a civil action for the death of, or injury or

17  damage to, a third person caused by the intentional tort of an

18  employee, the such employee's employer is presumed not to have

19  been negligent in hiring the such employee if, before hiring

20  the employee, the employer conducted a background

21  investigation of the prospective employee and the

22  investigation did not reveal any information that reasonably

23  demonstrated the unsuitability of the prospective employee for

24  the particular work to be performed or for the employment in

25  general. A background investigation under this section must

26  include:

27         (a)  Obtaining a criminal background investigation on

28  the prospective employee under subsection (2);

29         (b)  Making a reasonable effort to contact references

30  and former employers of the prospective employee concerning

31  the suitability of the prospective employee for employment;

                                  1

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






    Florida Senate - 2006                                  SB 1424
    30-1057-06




 1         (c)  Requiring the prospective employee to complete a

 2  job application form that includes questions concerning

 3  whether he or she has ever been convicted of a crime,

 4  including details concerning the type of crime, the date of

 5  conviction and the penalty imposed, and whether the

 6  prospective employee has ever been a defendant in a civil

 7  action for intentional tort, including the nature of the

 8  intentional tort and the disposition of the action;

 9         (d)  Obtaining, with written authorization from the

10  prospective employee, a check of the driver's license record

11  of the prospective employee if such a check is relevant to the

12  work the employee will be performing and if the record can

13  reasonably be obtained; and or

14         (e)  Interviewing the prospective employee.

15         Section 2.  This act shall take effect upon becoming a

16  law.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Requires that an employer meet all of the specified
      conditions that give the employer a presumption against
21    negligent hiring in an action for civil damages resulting
      from an intentional tort committed by an employee.
22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

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