Senate Bill 1796 (2020) — Home delivery services
SB 1796
Florida Bills
Florida Senate - 2020 SB 1796 By Senator Perry 8-00731A-20 20201796__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to home delivery services; providing a 2
short title; providing
definitions; providing 3 background screening requirements for home delivery 4 service providers who provide home delivery services 5 for a retailer; prohibiting a home delivery service 6 provider from entering the home of or being 7 unsupervised with a consumer upon the conviction, or 8 any other adjudication, of specified crimes; 9 specifying retailer responsibilities and duties; 10 providing civil and criminal penalties; requiring the 11 Office of Insurance Regulation to approve certain 12 rating plans for liability insurance under certain 13 circumstances; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17
Section 1. Home delivery services.— 18
(1) SHORT TITLE.—This
section may be cited as the “Evy 19 Udell Public Safety Act.” 20
(2) DEFINITIONS.—As used in this section, the term: 21 (a) “Consumer” means a person who purchases a household 22 good from a retailer. 23 (b) “Home” has the same meaning as in s. 468.8311, Florida 24 Statutes. 25 (c) “Home delivery service” means the loading, 26 transportation or shipment, and unloading of household goods 27 when the transportation or shipment originates from a factory, 28 store, or other place of business and terminates within a 29
Florida Senate - 2020 SB 1796 8-00731A-20 20201796__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. consumer’s home. 30 (d) “Home delivery service provider” means a person or 31 entity who, for compensation, contracts for or engages in the 32 loading, transportation or shipment, or unloading of household 33 goods as part of a home delivery service.
The term does not 34 include a postal, a courier, an envelope, or a package service. 35 (e) “Household goods” or “goods” means personal effects or 36 other personal property commonly found in a home, personal 37 residence, or other dwelling, including, but not limited to, 38 household furniture and appliances. 39 (f) “Retailer” means and includes an entity engaged in the 40 business of making sales at retail of, distributing, or storing 41 household goods in this state. 42
(3) SCREENING OF HOME DELIVERY SERVICE PROVIDERS.— 43 (
a) Any home delivery service provider who provides home 44 delivery services for a retailer must complete a local and 45 national criminal background check for each person, employee, or 46 agent performing such home delivery services, regardless of 47 whether such person, employee, or agent intends to enter a 48 consumer’s home. The background check required by this 49 subsection includes: 50 1. A search of the Multi-State Criminal Database Records 51 Information or some other similar commercial multijurisdictional 52 nationwide criminal database. 53 2.
The validation of any records found during a search 54 under subparagraph 1. through a primary source search. 55 3. A search of the National Sex Offender Public Website 56 maintained by the United States Department of Justice. 57 (
b) A home delivery service provider or any employee or 58
Florida Senate - 2020 SB 1796 8-00731A-20 20201796__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. agent of such provider may provide home delivery services before 59 the completion of the background screening required under 60 paragraph (a). However, pending the results of the screening, 61 such home delivery service provider, employee, or agent may not 62 enter the home of or be unsupervised with a consumer. 63 (
c) A home delivery service provider must immediately 64 inform any contracted retailer if he or she, or any employee or 65 agent of such provider, is convicted of any disqualifying 66 offense under paragraph (
d) while providing or under contract to 67 provide home delivery services. 68 (
d) A home delivery service provider or any employee or 69 agent of such provider may not enter the home of a consumer or 70 be unsupervised with a consumer if the home delivery service 71 provider, employee, or agent has been arrested for and is 72 awaiting final disposition of, has been found guilty of, 73 regardless of adjudication, or entered a plea of nolo contendere 74 or guilty to, or has been adjudicated delinquent and the record 75 has not been sealed or expunged for, any offense prohibited 76 under any of the following provisions of state law or similar 77 law of another jurisdiction: 78
Section 393.135, Florida Statutes, relating to sexual 79 misconduct with certain developmentally disabled clients and 80 reporting of such sexual misconduct. 81
Section 394.4593, Florida Statutes, relating to sexual 82 misconduct with certain mental health patients and reporting of 83 such sexual misconduct. 84
Section 415.111, Florida Statutes, relating to 85 vulnerable adult abuse, neglect, or exploitation of aged persons 86 or disabled adults. 87
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Section 777.04, Florida Statutes, relating to attempts, 88 solicitation, and conspiracy to commit an offense listed in this 89 paragraph. 90
Section 782.04, Florida Statutes, relating to murder. 91
Section 782.07, Florida Statutes, relating to 92 manslaughter, aggravated manslaughter of an elderly person or 93 disabled adult, or aggravated manslaughter of a child. 94
Section 782.09, Florida Statutes, relating to killing of 95 an unborn child by injury to the mother. 96 8.
Chapter 784, Florida Statutes, relating to assault, 97 battery, and culpable negligence, if the offense was a felony. 98
Section 784.011, Florida Statutes, relating to assault, 99 if the victim of the offense was a minor. 100
Section 784.03, Florida Statutes, relating to battery, 101 if the victim of the offense was a minor. 102
Section 794.011, Florida Statutes, relating to sexual 103 battery. 104
Section 794.05, Florida Statutes, relating to unlawful 105 sexual activity with certain minors. 106
Section 825.102, Florida Statutes, relating to abuse, 107 aggravated abuse, or neglect of an elderly person or disabled 108 adult. 109
Section 827.03, Florida Statutes, relating to child 110 abuse, aggravated child abuse, or neglect of a child. 111
Section 827.071, Florida Statutes, relating to sexual 112 performance by a child. 113
Section 843.01, Florida Statutes, relating to resisting 114 an officer with violence. 115
Section 916.1075, Florida Statutes, relating to sexual 116
Florida Senate - 2020 SB 1796 8-00731A-20 20201796__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. misconduct with certain forensic clients and reporting of such 117 sexual misconduct. 118 18.
Section 944.35(3), Florida Statutes, relating to 119 inflicting cruel or inhuman treatment on an inmate resulting in 120 great bodily harm. 121
Section 985.701, Florida Statutes, relating to sexual 122 misconduct in juvenile justice programs. 123 20.
Chapter 741, Florida Statutes, relating to domestic 124 violence. 125
(4) RETAILER DUTIES.— 126 (
a) Upon the purchase of a household good that includes a 127 home delivery service or upon entering into a contract for a 128 home delivery service, a retailer must provide to the consumer 129 documentation, which must be signed by both the retailer and the 130 consumer, with the following information: 131 1. The name, telephone number, and physical address of the 132 home delivery service provider, and a statement telling the 133 consumer whether the home delivery service provider is a 134 subcontractor or an employee of the retailer. 135 2.
The date of the purchase or when the contract is entered 136 into and any proposed date of the home delivery service. 137 3. The name and address of the consumer, the address, if 138 different, where the household good is to be delivered, and a 139 telephone number where the consumer may be reached. 140 4. An itemized breakdown and description of all costs and 141 services to be provided. 142 5. A statement authorizing the home delivery service 143 provider to enter the home of the consumer during the home 144 delivery service. 145
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b) A retailer may not knowingly allow a home delivery 146 service provider to perform a home delivery service if the home 147 delivery service provider has not met the requirements of 148 subsection (3). 149 (
c) A contract for home delivery services may not waive, 150 limit, restrict, or avoid any of the duties of the retailer or 151 home delivery service provider, as provided in this section. 152
(5) PENALTIES; REMEDIES.— 153 (
a) Any person injured as a result of a violation of this 154
section may file a civil action in a court of competent 155 jurisdiction to recover penalties or damages, including 156 reasonable costs and attorney fees. 157 (
b) An employee or agent of a retailer who willfully fails 158 to provide the documentation required under subsection (4) 159 commits a felony of the third degree, punishable as provided in 160 s. 775.082, s. 775.083, or s. 775.084, Florida Statutes. 161 (
c) An owner or officer of a retailer who knowingly and 162 intentionally engages in a pattern of conduct in violation of 163 subsection (4) commits a felony of the third degree, punishable 164 as provided in s. 775.082, s. 775.083, or s. 775.084, Florida 165 Statutes. 166
(6) LIABILITY INSURANCE.—The Office of Insurance Regulation 167 shall approve rating plans for liability insurance that give 168 specific identifiable consideration in the setting of rates to 169 retailers that implement a policy requiring completion of the 170 background screening requirements under subsection (3) before 171 contracting with any home delivery service provider. 172