HB 1433

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

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