Florida House Bill H0775, passed in 1999, provides protection for employers from negligent hiring liabilities, provided they attempt to conduct certain screening procedures. Employers who follow these steps will be presumed not to have been negligent when hiring if a background check fails to reveal any records on an applicant.
These steps are:
- Ordering a Florida state criminal record check.
- Taking reasonable efforts to contact an applicants past employers.
- Asking the applicant on the application if they have been convicted of a crime, date of crime and penalty imposed.
- Asking the applicant on the application if they were the defendant in a civil action for intentional tort.
- A driving record must be ordered if it is relevant to the performed work.
- The employer must interview the applicant.