Proposed legislation would require background checks on home delivery workers

Palm Beach County Republican Rep. Mike Caruso filed a bill Tuesday that would require home delivery providers to undergo comprehensive background checks.

The bill (HB 1129) would prohibit delivery persons who cross the threshold of a home from entering or being unsupervised with a consumer if they’ve been convicted of certain crimes.

The bill is named the Evy Udell Public Safety Act. Evy Udell is a Boca Raton woman who was killed last year after a delivery person beat her and set her on fire while delivering a package.

Caruso’s bill would require employees or contractors tasked with delivering goods to a person’s home to undergo a multistate criminal background check as well as be evaluated under the U.S. Department of Justice’s national sex offender database.

Not all criminal infractions would prohibit the employee from working as a delivery provider.

The bill specifically names several violent and sexual offenses including murder, sexual misconduct on certain mental health patients, manslaughter or aggravated manslaughter of an elderly person, disabled adult or child, adult abuse, neglect or exploitation of aged persons or disabled adults, killing of an unborn child by injury to the mother, felony assault or battery, assault on a minor, battery on a minor, sexual battery, unlawful sex with a minor, child abuse or neglect or resisting arrest with violence.

The bill does not apply to regular postal service.

Caruso’s proposal would require retailers to conduct the background checks on delivery providers whether or not their duties include entering a person’s home.

Delivery providers would be required to immediately notify their contracted retailer if he or she is convicted of a qualifying offense after undergoing the background check. Failing to do so could result in a third-degree felony offense.

Retailers that willfully fail to provide the required documentation would also be subject to a third-degree felony

The bill also includes protections for victims. Any person injured by a violation of the law would be allowed to file a civil action in court to recover penalties and damages including reasonable costs for attorney’s fees.

The bill also directs the Office of Insurance Regulation to approve rating plans for liability insurance for retailers.

If approved, the law would take effect on July 1.

So far there is not a companion bill in the Senate.