| 1 | A bill to be entitled |
| 2 | An act relating to civil actions; amending s. 768.096, |
| 3 | F.S.; requiring that an employer meet all of the specified |
| 4 | conditions that give the employer a presumption against |
| 5 | negligent hiring in an action for civil damages resulting |
| 6 | from an intentional tort committed by an employee; |
| 7 | providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
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| 11 | Section 1. Subsection (1) of section 768.096, Florida |
| 12 | Statutes, is amended to read: |
| 13 | 768.096 Employer presumption against negligent hiring.-- |
| 14 | (1) In a civil action for the death of, or injury or |
| 15 | damage to, a third person caused by the intentional tort of an |
| 16 | employee, the such employee's employer is presumed not to have |
| 17 | been negligent in hiring the such employee if, before hiring the |
| 18 | employee, the employer conducted a background investigation of |
| 19 | the prospective employee and the investigation did not reveal |
| 20 | any information that reasonably demonstrated the unsuitability |
| 21 | of the prospective employee for the particular work to be |
| 22 | performed or for the employment in general. A background |
| 23 | investigation under this section must include: |
| 24 | (a) Obtaining a criminal background investigation on the |
| 25 | prospective employee under subsection (2); |
| 26 | (b) Making a reasonable effort to contact references and |
| 27 | former employers of the prospective employee concerning the |
| 28 | suitability of the prospective employee for employment; |
| 29 | (c) Requiring the prospective employee to complete a job |
| 30 | application form that includes questions concerning whether he |
| 31 | or she has ever been convicted of a crime, including details |
| 32 | concerning the type of crime, the date of conviction and the |
| 33 | penalty imposed, and whether the prospective employee has ever |
| 34 | been a defendant in a civil action for intentional tort, |
| 35 | including the nature of the intentional tort and the disposition |
| 36 | of the action; |
| 37 | (d) Obtaining, with written authorization from the |
| 38 | prospective employee, a check of the driver's license record of |
| 39 | the prospective employee if such a check is relevant to the work |
| 40 | the employee will be performing and if the record can reasonably |
| 41 | be obtained; and or |
| 42 | (e) Interviewing the prospective employee. |
| 43 | Section 2. This act shall take effect upon becoming a law. |