Florida Senate - 2020                                    SB 1796
       By Senator Perry
       8-00731A-20                                           20201796__
    1                        A bill to be entitled                      
    2         An act relating to home delivery services; providing a
    3         short title; providing definitions; providing
    4         background screening requirements for home delivery
    5         service providers who provide home delivery services
    6         for a retailer; prohibiting a home delivery service
    7         provider from entering the home of or being
    8         unsupervised with a consumer upon the conviction, or
    9         any other adjudication, of specified crimes;
   10         specifying retailer responsibilities and duties;
   11         providing civil and criminal penalties; requiring the
   12         Office of Insurance Regulation to approve certain
   13         rating plans for liability insurance under certain
   14         circumstances; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Home delivery services.—
   19         (1)SHORT TITLE.—This section may be cited as the “Evy
   20  Udell Public Safety Act.”
   21         (2)DEFINITIONS.—As used in this section, the term:
   22         (a)“Consumer” means a person who purchases a household
   23  good from a retailer.
   24         (b)“Home” has the same meaning as in s. 468.8311, Florida
   25  Statutes.
   26         (c)“Home delivery service” means the loading,
   27  transportation or shipment, and unloading of household goods
   28  when the transportation or shipment originates from a factory,
   29  store, or other place of business and terminates within a
   30  consumer’s home.
   31         (d)“Home delivery service provider” means a person or
   32  entity who, for compensation, contracts for or engages in the
   33  loading, transportation or shipment, or unloading of household
   34  goods as part of a home delivery service. The term does not
   35  include a postal, a courier, an envelope, or a package service.
   36         (e)“Household goods” or “goods” means personal effects or
   37  other personal property commonly found in a home, personal
   38  residence, or other dwelling, including, but not limited to,
   39  household furniture and appliances.
   40         (f)“Retailer” means and includes an entity engaged in the
   41  business of making sales at retail of, distributing, or storing
   42  household goods in this state.
   44         (a)Any home delivery service provider who provides home
   45  delivery services for a retailer must complete a local and
   46  national criminal background check for each person, employee, or
   47  agent performing such home delivery services, regardless of
   48  whether such person, employee, or agent intends to enter a
   49  consumer’s home. The background check required by this
   50  subsection includes:
   51         1.A search of the Multi-State Criminal Database Records
   52  Information or some other similar commercial multijurisdictional
   53  nationwide criminal database.
   54         2.The validation of any records found during a search
   55  under subparagraph 1. through a primary source search.
   56         3.A search of the National Sex Offender Public Website
   57  maintained by the United States Department of Justice.
   58         (b)A home delivery service provider or any employee or
   59  agent of such provider may provide home delivery services before
   60  the completion of the background screening required under
   61  paragraph (a). However, pending the results of the screening,
   62  such home delivery service provider, employee, or agent may not
   63  enter the home of or be unsupervised with a consumer.
   64         (c)A home delivery service provider must immediately
   65  inform any contracted retailer if he or she, or any employee or
   66  agent of such provider, is convicted of any disqualifying
   67  offense under paragraph (d) while providing or under contract to
   68  provide home delivery services.
   69         (d)A home delivery service provider or any employee or
   70  agent of such provider may not enter the home of a consumer or
   71  be unsupervised with a consumer if the home delivery service
   72  provider, employee, or agent has been arrested for and is
   73  awaiting final disposition of, has been found guilty of,
   74  regardless of adjudication, or entered a plea of nolo contendere
   75  or guilty to, or has been adjudicated delinquent and the record
   76  has not been sealed or expunged for, any offense prohibited
   77  under any of the following provisions of state law or similar
   78  law of another jurisdiction:
   79         1.Section 393.135, Florida Statutes, relating to sexual
   80  misconduct with certain developmentally disabled clients and
   81  reporting of such sexual misconduct.
   82         2.Section 394.4593, Florida Statutes, relating to sexual
   83  misconduct with certain mental health patients and reporting of
   84  such sexual misconduct.
   85         3.Section 415.111, Florida Statutes, relating to
   86  vulnerable adult abuse, neglect, or exploitation of aged persons
   87  or disabled adults.
   88         4.Section 777.04, Florida Statutes, relating to attempts,
   89  solicitation, and conspiracy to commit an offense listed in this
   90  paragraph.
   91         5.Section 782.04, Florida Statutes, relating to murder.
   92         6.Section 782.07, Florida Statutes, relating to
   93  manslaughter, aggravated manslaughter of an elderly person or
   94  disabled adult, or aggravated manslaughter of a child.
   95         7.Section 782.09, Florida Statutes, relating to killing of
   96  an unborn child by injury to the mother.
   97         8.Chapter 784, Florida Statutes, relating to assault,
   98  battery, and culpable negligence, if the offense was a felony.
   99         9.Section 784.011, Florida Statutes, relating to assault,
  100  if the victim of the offense was a minor.
  101         10.Section 784.03, Florida Statutes, relating to battery,
  102  if the victim of the offense was a minor.
  103         11.Section 794.011, Florida Statutes, relating to sexual
  104  battery.
  105         12.Section 794.05, Florida Statutes, relating to unlawful
  106  sexual activity with certain minors.
  107         13.Section 825.102, Florida Statutes, relating to abuse,
  108  aggravated abuse, or neglect of an elderly person or disabled
  109  adult.
  110         14.Section 827.03, Florida Statutes, relating to child
  111  abuse, aggravated child abuse, or neglect of a child.
  112         15.Section 827.071, Florida Statutes, relating to sexual
  113  performance by a child.
  114         16.Section 843.01, Florida Statutes, relating to resisting
  115  an officer with violence.
  116         17.Section 916.1075, Florida Statutes, relating to sexual
  117  misconduct with certain forensic clients and reporting of such
  118  sexual misconduct.
  119         18.Section 944.35(3), Florida Statutes, relating to
  120  inflicting cruel or inhuman treatment on an inmate resulting in
  121  great bodily harm.
  122         19.Section 985.701, Florida Statutes, relating to sexual
  123  misconduct in juvenile justice programs.
  124         20.Chapter 741, Florida Statutes, relating to domestic
  125  violence.
  126         (4)RETAILER DUTIES.—
  127         (a)Upon the purchase of a household good that includes a
  128  home delivery service or upon entering into a contract for a
  129  home delivery service, a retailer must provide to the consumer
  130  documentation, which must be signed by both the retailer and the
  131  consumer, with the following information:
  132         1.The name, telephone number, and physical address of the
  133  home delivery service provider, and a statement telling the
  134  consumer whether the home delivery service provider is a
  135  subcontractor or an employee of the retailer.
  136         2.The date of the purchase or when the contract is entered
  137  into and any proposed date of the home delivery service.
  138         3.The name and address of the consumer, the address, if
  139  different, where the household good is to be delivered, and a
  140  telephone number where the consumer may be reached.
  141         4.An itemized breakdown and description of all costs and
  142  services to be provided.
  143         5.A statement authorizing the home delivery service
  144  provider to enter the home of the consumer during the home
  145  delivery service.
  146         (b)A retailer may not knowingly allow a home delivery
  147  service provider to perform a home delivery service if the home
  148  delivery service provider has not met the requirements of
  149  subsection (3).
  150         (c)A contract for home delivery services may not waive,
  151  limit, restrict, or avoid any of the duties of the retailer or
  152  home delivery service provider, as provided in this section.
  153         (5)PENALTIES; REMEDIES.—
  154         (a)Any person injured as a result of a violation of this
  155  section may file a civil action in a court of competent
  156  jurisdiction to recover penalties or damages, including
  157  reasonable costs and attorney fees.
  158         (b)An employee or agent of a retailer who willfully fails
  159  to provide the documentation required under subsection (4)
  160  commits a felony of the third degree, punishable as provided in
  161  s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.
  162         (c)An owner or officer of a retailer who knowingly and
  163  intentionally engages in a pattern of conduct in violation of
  164  subsection (4) commits a felony of the third degree, punishable
  165  as provided in s. 775.082, s. 775.083, or s. 775.084, Florida
  166  Statutes.
  167         (6)LIABILITY INSURANCE.—The Office of Insurance Regulation
  168  shall approve rating plans for liability insurance that give
  169  specific identifiable consideration in the setting of rates to
  170  retailers that implement a policy requiring completion of the
  171  background screening requirements under subsection (3) before
  172  contracting with any home delivery service provider.
  173         Section 2. This act shall take effect July 1, 2020.