Florida Statute 768.095 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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768.095 Employer immunity from liability; disclosure of information regarding former or current employees.—An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under chapter 760.

History.—s. 1, ch. 91-165; s. 17, ch. 99-225.

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Amendments to 768.095

Annotations, Discussions, Cases:

Cases Citing Statute 768.095

Total Results: 9

Thomas v. Tampa Bay Downs, Inc.

761 So. 2d 401, 2000 WL 571413

District Court of Appeal of Florida | Filed: May 12, 2000 | Docket: 1300060

Cited 11 times | Published

presumed to have been made in good faith. See § 768.095, Fla. Stat. (1993)[1]; see also Linafelt v. Beverly

Linafelt v. Bev, Inc.

662 So. 2d 986, 1995 WL 642669

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 1282802

Cited 10 times | Published

qualified privilege for this communication under section 768.095, Florida Statutes (1993) and Nodar v. Galbreath

Falic v. Legg Mason Wood Walker, Inc.

347 F. Supp. 2d 1260, 2004 U.S. Dist. LEXIS 26168, 2004 WL 2735537

District Court, S.D. Florida | Filed: Oct 26, 2004 | Docket: 2294283

Cited 8 times | Published

are also statutorily protected under Fla. Stat. § 768.095; and (3) Expressions of fair comment and criticism

Thompson v. Orange Lake Country Club, Inc.

224 F. Supp. 2d 1368, 2002 U.S. Dist. LEXIS 17858, 2002 WL 31104011

District Court, M.D. Florida | Filed: Jul 23, 2002 | Docket: 2357696

Cited 7 times | Published

former employee protected under chapter 760. Fla. Stat. 768.095 (1997). A defamatory statement is one that

Linafelt v. BEVERLY ENTERPRISES-FL., INC.

745 So. 2d 386, 1999 WL 821095

District Court of Appeal of Florida | Filed: Oct 12, 1999 | Docket: 1294737

Cited 7 times | Published

submitted to the jury, and the jury did not address § 768.095. In the section of the verdict form dealing with

Arce v. Wackenhut Corp.

40 So. 3d 813, 2010 Fla. App. LEXIS 9869, 2010 WL 2670881

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 1667158

Cited 4 times | Published

statements made by Hill are protected under section 768.095, Florida Statutes, which provides: An employer

Blake v. CITY OF PORT SAINT LUCIE

73 So. 3d 905, 33 I.E.R. Cas. (BNA) 135, 2011 Fla. App. LEXIS 18119, 2011 WL 5554850

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2357134

Cited 3 times | Published

GERBER, J. The issue in this appeal is whether section 768.095, Florida Statutes (2009), abrogates the absolute

Bates v. ST. LUCIE COUNTY SHERIFF'S OFFICE

31 So. 3d 210, 2010 Fla. App. LEXIS 2102, 35 Fla. L. Weekly Fed. D 452

District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1647561

Cited 1 times | Published

accordance with the provisions of s. 768.095. Section 768.095, Florida Statutes (2008), provides: An employer

Kevin Vericker v. Norman Christopher Powell

Supreme Court of Florida | Filed: Mar 27, 2025 | Docket: 69800824

Published

(health care facility or provider immunity); § 768.095, Fla. Stat. (2024) (employer immunity for disclosing

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 768 in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.