HB 1505

CS

CHAMBER ACTION

1	The Criminal Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to domestic violence; amending s. 741.30,
7	F.S.; providing for law enforcement officers to obtain
8	verbal emergency protection orders at the request of the
9	victim immediately following incidents of domestic
10	violence; providing for officers to reduce such orders to
11	writing; providing for expiration of such orders;
12	specifying procedures relating to such orders; creating s.
13	741.313, F.S.; defining the terms "domestic violence,"
14	"employer," "family or household member," and "victim";
15	requiring that certain employers permit an employee to
16	take leave from work, with or without pay, to undertake
17	activities resulting from an act of domestic violence;
18	specifying the activities for which the employee may take
19	leave; requiring the employee to notify the employer of
20	the leave; providing exceptions; requiring that an
21	employer keep information relating to the employee's leave
22	confidential; prohibiting an employer from taking certain
23	actions against the employee for exercising rights
24	specified in the act; providing a recourse for violations
25	of the act; amending s. 943.1702, F.S.; requiring
26	collection of statistics on noncriminal judicial actions
27	concerning domestic violence; providing an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Subsection (5) of section 741.30, Florida
32	Statutes, is amended to read:
33	741.30  Domestic violence injunctions; injunction; powers
34	and duties of court and clerk; petition; notice and hearing;
35	temporary injunction; issuance of injunction; statewide
36	verification system; enforcement.--
37	(5)(a)1.a.  In an emergency situation immediately following
38	an incident of domestic violence by a household member, an
39	emergency protection order may be issued, at the request of the
40	victim, if a law enforcement officer states under oath to the
41	court in person, by telephone, in writing, or via facsimile the
42	facts he or she believes show that an emergency protection order
43	is needed and the court finds reasonable grounds to believe that
44	the victim or the victim's child is in immediate and present
45	danger of domestic violence. Such an emergency protection order
46	expires 72 hours after issuance or at the end of the next
47	judicial day, whichever time is later, or upon request of the
48	victim. The time of expiration shall be clearly stated on the
49	emergency protection order.
50	b.  Following the judge's issuance of the emergency
51	protection order, the law enforcement officer shall:
52	(I)  If the order is verbal, reduce the emergency
53	protection order to writing on an approved form provided by the
54	court, outline the grounds justifying issuance, and sign and
55	date the order.
56	(II)  If possible, serve a signed copy of the order on the
57	offender and victim at the scene of the domestic violence
58	dispute.
59	(III)  Complete the appropriate affidavit of service and
60	file the affidavit with the issuing court by the close of
61	business on the next judicial day.
62	(IV)  If the order was reduced to writing and signed by the
63	officer, file the original, signed emergency order with the
64	issuing court by the close of business on the next judicial day.
65	2.  In a nonemergency situation, but when it appears to the
66	court that an immediate and present danger of domestic violence
67	exists, the court may grant a temporary injunction ex parte,
68	pending a full hearing.
69	(b)  In either an emergency protection order or an ex parte
70	temporary injunction order, the court, and may grant such relief
71	as it the court deems proper, including an injunction:
72	1.  Restraining the respondent from committing any acts of
73	domestic violence.
74	2.  Awarding to the petitioner the temporary exclusive use
75	and possession of the dwelling that the parties share or
76	excluding the respondent from the residence of the petitioner.
77	3.  On the same basis as provided in s. 61.13, granting to
78	the petitioner temporary custody of a minor child. An order of
79	temporary custody remains in effect until the order expires or
80	an order is entered by a court of competent jurisdiction in a
81	pending or subsequent civil action or proceeding affecting the
82	placement of, access to, parental time with, adoption of, or
83	parental rights and responsibilities for the minor child.
84	(c)(b)  In a hearing ex parte for the purpose of obtaining
85	an such ex parte temporary injunction, no evidence other than
86	verified pleadings or affidavits shall be used as evidence,
87	unless the respondent appears at the hearing or has received
88	reasonable notice of the hearing. A denial of a petition for an
89	ex parte injunction shall be by written order noting the legal
90	grounds for denial. When the only ground for denial is no
91	appearance of an immediate and present danger of domestic
92	violence, the court shall set a full hearing on the petition for
93	injunction with notice at the earliest possible time. Nothing
94	herein affects a petitioner's right to promptly amend any
95	petition, or otherwise be heard in person on any petition
96	consistent with the Florida Rules of Civil Procedure.
97	(d)(c)  Except for emergency protection orders issued under
98	subparagraph (a)1., an Any such ex parte temporary injunction
99	shall be effective for a fixed period not to exceed 15 days. A
100	full hearing, as provided by this section, shall be set for a
101	date no later than the date when the emergency protection order
102	or ex parte temporary injunction ceases to be effective. The
103	court may grant a continuance of the hearing before or during a
104	hearing for good cause shown by any party, which shall include a
105	continuance to obtain service of process. Any emergency
106	protection order or ex parte temporary injunction shall be
107	extended if necessary to remain in full force and effect during
108	any period of continuance.
109	Section 2.  Section 741.313, Florida Statutes, is created
110	to read:
111	741.313  Unlawful action against employees seeking
112	protection.--
113	(1)  As used in this section, the term:
114	(a)  "Domestic violence" means domestic violence, as
115	defined in s. 741.28(2); stalking or aggravated stalking, as
116	defined in s. 784.048; sexual battery, as defined in s.
117	794.011(1); dating violence, as defined in s. 784.046(1); or any
118	crime the underlying factual basis of which has been found by a
119	court to include an act of domestic violence.
120	(b)  "Employer" has the same meaning as in s.
121	440.02(16)(a).
122	(c)  "Family or household member" has the same meaning as
123	in s. 741.28.
124	(d)  "Victim" means an individual who has been subjected to
125	domestic violence.
126	(2)(a)  An employer shall permit an employee to request or
127	to take up to 3 working days of leave from work in any 12-month
128	period, with or without pay, if the employee or a family or
129	household member of the employee is the victim of domestic
130	violence.
131	(b)  This section applies if an employee uses the leave
132	from work to:
133	1.  Seek an injunction for protection against domestic
134	violence or an injunction for protection in cases of repeat
135	violence, dating violence, or sexual violence;
136	2.  Obtain medical care or mental health counseling, or
137	both, for the employee or a family or household member to
138	address physical or psychological injuries resulting from the
139	act of domestic violence;
140	3.  Obtain services from a victim services organization,
141	including, but not limited to, a domestic violence shelter or
142	program or a rape crisis center as a result of the act of
143	domestic violence;
144	4.  Make the employee's home secure from the perpetrator of
145	the domestic violence or to seek new housing to escape the
146	perpetrator; or
147	5.  Seek legal assistance to address issues arising from
148	the act of domestic violence and to attend and prepare for
149	court-related proceedings arising from the act of domestic
150	violence.
151	(3)  This section applies to an employer who employs 50 or
152	more employees and to an employee who has been employed by the
153	employer for 12 or more months.
154	(4)(a)  Except in cases of imminent danger to the health or
155	safety of the employee or to the health or safety of a family or
156	household member, an employee seeking leave from work under this
157	section must provide his or her employer with appropriate
158	advance notice of the leave as may be required by the employer's
159	policy and with sufficient documentation of the act of domestic
160	violence as may be required by the employer.
161	(b)  An employee seeking leave under this section must,
162	before receiving the leave, exhaust all annual or vacation
163	leave, personal leave, and sick leave, if applicable, which is
164	available to the employee, unless the employer waives this
165	requirement.
166	(c)1.  A private employer must keep all information
167	relating to the employee's leave under this section
168	confidential.
169	2.  An agency, as defined in s. 119.011, must keep all
170	information relating to the employee's leave under this section
171	confidential and exempt pursuant to this section.
172	(5)(a)  An employer may not interfere with, restrain, or
173	deny the exercise of or any attempt by an employee to exercise
174	any right provided under this section.
175	(b)  An employer may not discharge, demote, suspend,
176	retaliate against, or in any other manner discriminate against
177	an employee for exercising his or her rights under this section.
178	(c)  An employee has no greater rights to continued
179	employment or to other benefits and conditions of employment
180	than if the employee was not entitled to leave under this
181	section. This section does not limit the employer's right to
182	discipline or terminate any employee for any reason, including,
183	but not limited to, reductions in workforce or termination for
184	cause or for no reason at all, other than exercising his or her
185	rights under this section.
186	(6)  Notwithstanding any other law to the contrary, the
187	sole remedy for any person claiming to be aggrieved by a
188	violation of this section is to bring a civil suit for damages
189	or equitable relief, or both, in circuit court. The person may
190	claim as damages all wages and benefits that would have been due
191	the person up to and including the date of the judgment had the
192	act violating this section not occurred but may not claim wages
193	or benefits for a period of leave granted without pay as
194	provided in paragraph (2)(a). However, this section does not
195	relieve the person from the obligation to mitigate his or her
196	damages.
197	Section 3.  Subsection (2) of section 943.1702, Florida
198	Statutes, is amended to read:
199	943.1702  Collection of statistics on domestic violence.--
200	(2)  Each agency in the state that which is involved with
201	the enforcement, monitoring, or prosecution of crimes of
202	domestic violence or, as to noncriminal actions related to
203	domestic violence, including petitions seeking injunctions for
204	protection, the judicial branch, shall collect and maintain
205	records of each domestic violence incident for access by
206	investigators preparing for bond hearings and prosecutions for
207	acts of domestic violence. This information shall be provided to
208	the court at first appearance hearings and all subsequent
209	hearings.
210	Section 4.  This act shall take effect October 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.