Florida Statute 768.095 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

View Entire Chapter

F.S. 768.095

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.

F.S. 768.095 on Google Scholar

F.S. 768.095 on Casetext

Amendments to 768.095

Arrestable Offenses / Crimes under Fla. Stat. 768.095

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.095.

Annotations, Discussions, Cases:

Cases Citing Statute 768.095

Total Results: 7

Marvin Castellanos v. Next Door Company

Court: Fla. | Date Filed: 2016-04-28T00:00:00-07:00

Citation: 192 So. 3d 431, 41 Fla. L. Weekly Supp. 197, 2016 WL 1700521, 2016 Fla. LEXIS 885

Snippet: rational justification.’ ” Salfi, 422 U.S. at 768, 95 S.Ct. 2457. Salfi also cited Richardson v. Belcher…utterly lacking in rational justification.” Id. at 768, 95 S.Ct. 2457 (citing Nestor, 363 U.S. at 611, 80

Blake v. CITY OF PORT SAINT LUCIE

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-16T00:00:00-08:00

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

Snippet: J. The issue in this appeal is whether section 768.095, Florida Statutes (2009), abrogates the absolute…internal quotations omitted). We hold that section 768.095 does not abrogate such absolute immunity. Therefore…libel or slander per se with prejudice. Section 768.095 states: An employer who discloses information about…current employee protected under chapter 760. § 768.095, Fla. Stat. (2009) (emphasis added). Nothing in…a statute must be clear."). Thus, section 768.095 applies to only employers which are not public

Arce v. Wackenhut Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-07T00:00:00-07:00

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

Snippet: or its consequences as provided in s. 768.095. Section 768.095 clearly excepts information disclosed …statements made by Hill are protected under section 768.095, Florida Statutes, which provides: An employer

Bates v. ST. LUCIE COUNTY SHERIFF'S OFFICE

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-24T00:00:00-08:00

Citation: 31 So. 3d 210, 2010 Fla. App. LEXIS 2102

Snippet: in accordance with the provisions of s. 768.095. Section 768.095, Florida Statutes (2008), provides: An…agency who discloses information. Under section 768.095, if that administrator discloses knowingly false

Thomas v. Tampa Bay Downs, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-05-12T00:00:00-07:00

Citation: 761 So. 2d 401

Snippet: presumed to have been made in good faith. See § 768.095, Fla. Stat. (1993)[1]; see also Linafelt v. Beverly…result only. NOTES [1] This section provides: 768.095. Employer immunity from liability; disclosure of

Linafelt v. BEVERLY ENTERPRISES-FL., INC.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-12T00:00:00-07:00

Citation: 745 So. 2d 386

Snippet: former employee protected under chapter 760. Sec. 768.095, Fla. Stat. (1997). The statute is an affirmative…submitted to the jury, and the jury did not address § 768.095. In the section of the verdict form dealing with…do not have a jury verdict that follows section 768.095, Florida Statutes. Instead, the jury found that

Linafelt v. Bev, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1995-11-02T23:53:00-08:00

Citation: 662 So. 2d 986

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