Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 146
                                Barcode 243028                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             03/23/2011 09:42 AM       .                                

       Senator Smith moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 116 - 669
    4  and insert:
    5         Section 4. Section 768.096, Florida Statutes, is amended to
    6  read:
    7         768.096 Employer presumption against negligent hiring.—
    8         (1) In a civil action for the death of, or injury or damage
    9  to, a third person caused by the intentional tort of an
   10  employee, such employee’s employer is presumed not to have been
   11  negligent in hiring such employee if, before hiring the
   12  employee, the employer conducted a background investigation of
   13  the prospective employee and the investigation did not reveal
   14  any information that reasonably demonstrated the unsuitability
   15  of the prospective employee for the particular work to be
   16  performed or for the context of the employment in general. A
   17  background investigation under this section must include:
   18         (a) Obtaining a criminal background investigation on the
   19  prospective employee under subsection (2);
   20         (b) Making a reasonable effort to contact references and
   21  former employers of the prospective employee concerning the
   22  suitability of the prospective employee for employment;
   23         (c) Requiring the prospective employee to complete a job
   24  application form that includes questions concerning whether he
   25  or she has ever been convicted of a crime, including details
   26  concerning the type of crime, the date of conviction and the
   27  penalty imposed, and whether the prospective employee has ever
   28  been a defendant in a civil action for intentional tort,
   29  including the nature of the intentional tort and the disposition
   30  of the action;
   31         (d) Obtaining, with written authorization from the
   32  prospective employee, a check of the driver’s license record of
   33  the prospective employee if such a check is relevant to the work
   34  the employee will be performing and if the record can reasonably
   35  be obtained; or
   36         (e) Interviewing the prospective employee.
   37         (2) To satisfy the criminal-background-investigation
   38  requirement of this section, an employer must request and obtain
   39  from the Department of Law Enforcement a check of the
   40  information as reported and reflected in the Florida Crime
   41  Information Center system as of the date of the request.
   42         (3) The election by an employer not to conduct the
   43  investigation specified in subsection (1) does not raise any
   44  presumption that the employer failed to use reasonable care in
   45  hiring an employee.
   47  ================= T I T L E  A M E N D M E N T ================
   48         And the title is amended as follows:
   49         Delete lines 10 - 23
   50  and insert:
   51         providing an exception; amending s. 768.096, F.S.;
   52         revising the presumption against negligent hiring of
   53         an employee in circumstances in which a background
   54         investigation of a prospective employee revealed that
   55         the employee was unsuitable for the context of the
   56         employment in general; providing