Senate Bill sb0498c1
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    Florida Senate - 2006                            CS for SB 498
    By the Committee on Commerce and Consumer Services; and
    Senator Aronberg
    577-2053-06
  1                      A bill to be entitled
  2         An act relating to domestic violence; amending
  3         s. 741.30, F.S.; providing for law enforcement
  4         officers to obtain verbal emergency protection
  5         orders immediately following incidents of
  6         domestic violence; providing for officers to
  7         reduce such orders to writing; providing for
  8         expiration of such orders; specifying
  9         procedures relating to such orders; creating s.
10         741.313, F.S.; defining the terms "domestic
11         violence," "employer," "family or household
12         member," and "victim"; requiring that an
13         employer permit an employee to take leave from
14         work to undertake activities resulting from an
15         act of domestic violence; specifying the
16         activities for which the employee may take
17         leave; requiring the employee to notify the
18         employer of the leave; providing exceptions;
19         requiring that an employer keep information
20         relating to the employee's leave confidential;
21         prohibiting an employer from taking certain
22         actions against the employee for exercising
23         rights specified in the act; providing a
24         recourse for violation of the act; amending s.
25         943.1702, F.S.; requiring collection of
26         statistics on noncriminal judicial actions
27         concerning domestic violence; providing an
28         effective date.
29  
30  Be It Enacted by the Legislature of the State of Florida:
31  
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    Florida Senate - 2006                            CS for SB 498
    577-2053-06
 1         Section 1.  Subsection (5) of section 741.30, Florida
 2  Statutes, is amended to read:
 3         741.30  Domestic violence injunctions; injunction;
 4  powers and duties of court and clerk; petition; notice and
 5  hearing; temporary injunction; issuance of injunction;
 6  statewide verification system; enforcement.--
 7         (5)(a)1.a.  In an emergency situation immediately
 8  following an incident of domestic violence by a household
 9  member, an emergency protection order may be issued if a law
10  enforcement officer states under oath to the court in person,
11  by telephone, in writing, or via facsimile the facts he or she
12  believes show that an emergency protection order is needed and
13  the court finds reasonable grounds to believe that the victim
14  or the victim's child is in immediate danger of domestic
15  violence. Such an emergency protection order expires 72 hours
16  after issuance or at the end of the next judicial day,
17  whichever time is later, or upon request of the victim. The
18  time of expiration shall be clearly stated on the emergency
19  protection order.
20         b.  Following the judge's issuance of the emergency
21  protection order, the law enforcement officer shall:
22         (I)  If the order is verbal, reduce the emergency
23  protection order to writing on an approved form provided by
24  the court, outline the grounds justifying issuance, and sign
25  and date the order.
26         (II)  If possible, serve a signed copy of the order on
27  the offender and victim at the scene of the domestic violence
28  dispute.
29         (III)  Complete the appropriate affidavit of service
30  and file the affidavit with the issuing court by the close of
31  business on the next judicial day.
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    Florida Senate - 2006                            CS for SB 498
    577-2053-06
 1         (IV)  If the order was reduced to writing and signed by
 2  the officer, file the original, signed emergency order with
 3  the issuing court by the close of business on the next
 4  judicial day.
 5         2.  In a nonemergency situation, but when it appears to
 6  the court that an immediate and present danger of domestic
 7  violence exists, the court may grant a temporary injunction ex
 8  parte, pending a full hearing.
 9         (b)  In either an emergency protection order or an ex
10  parte temporary injunction order, the court, and may grant
11  such relief as it the court deems proper, including an
12  injunction:
13         1.  Restraining the respondent from committing any acts
14  of domestic violence.
15         2.  Awarding to the petitioner the temporary exclusive
16  use and possession of the dwelling that the parties share or
17  excluding the respondent from the residence of the petitioner.
18         3.  On the same basis as provided in s. 61.13, granting
19  to the petitioner temporary custody of a minor child. An order
20  of temporary custody remains in effect until the order expires
21  or an order is entered by a court of competent jurisdiction in
22  a pending or subsequent civil action or proceeding affecting
23  the placement of, access to, parental time with, adoption of,
24  or parental rights and responsibilities for the minor child.
25         (c)(b)  In a hearing ex parte for the purpose of
26  obtaining an such ex parte temporary injunction, no evidence
27  other than verified pleadings or affidavits shall be used as
28  evidence, unless the respondent appears at the hearing or has
29  received reasonable notice of the hearing. A denial of a
30  petition for an ex parte injunction shall be by written order
31  noting the legal grounds for denial. When the only ground for
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    Florida Senate - 2006                            CS for SB 498
    577-2053-06
 1  denial is no appearance of an immediate and present danger of
 2  domestic violence, the court shall set a full hearing on the
 3  petition for injunction with notice at the earliest possible
 4  time. Nothing herein affects a petitioner's right to promptly
 5  amend any petition, or otherwise be heard in person on any
 6  petition consistent with the Florida Rules of Civil Procedure.
 7         (d)(c)  Except for emergency protection orders issued
 8  under subparagraph (a)1., an Any such ex parte temporary
 9  injunction shall be effective for a fixed period not to exceed
10  15 days. A full hearing, as provided by this section, shall be
11  set for a date no later than the date when the emergency
12  protection order or ex parte temporary injunction ceases to be
13  effective. The court may grant a continuance of the hearing
14  before or during a hearing for good cause shown by any party,
15  which shall include a continuance to obtain service of
16  process. Any emergency protection order or ex parte temporary
17  injunction shall be extended if necessary to remain in full
18  force and effect during any period of continuance.
19         Section 2.  Section 741.313, Florida Statutes, is
20  created to read:
21         741.313  Unlawful action against employees seeking
22  protection.--
23         (1)  As used in this section, the term:
24         (a)  "Domestic violence" means domestic violence, as
25  defined in s. 741.28(2), or any crime the underlying factual
26  basis of which has been found by a court to include an act of
27  domestic violence.
28         (b)  "Employer" has the same meaning as in s.
29  440.02(16)(a).
30         (c)  "Family or household member" has the same meaning
31  as in s. 741.28.
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    Florida Senate - 2006                            CS for SB 498
    577-2053-06
 1         (d)  "Victim" means an individual who has been
 2  subjected to domestic violence.
 3         (2)(a)  An employer shall permit an employee to request
 4  or take up to 3 working days of leave from work in any 90-day
 5  period if the employee or a family or household member of an
 6  employee is the victim of domestic violence. This leave may be
 7  with or without pay, at the discretion of the employer.
 8         (b)  This section applies if an employee uses the leave
 9  from work to:
10         1.  Seek an injunction for protection against domestic
11  violence or an injunction for protection in cases of repeat
12  violence, dating violence, or sexual violence;
13         2.  Obtain medical care or mental health counseling, or
14  both, for the employee or a family or household member to
15  address physical or psychological injuries resulting from the
16  act of domestic violence;
17         3.  Obtain services from a victim-services
18  organization, including, but not limited to, a domestic
19  violence shelter, program, or a rape crisis center as a result
20  of the act of domestic violence;
21         4.  Make the employee's home secure from the
22  perpetrator of the domestic violence or to seek new housing to
23  escape the perpetrator; or
24         5.  Seek legal assistance to address issues arising
25  from the act of domestic violence and to attend and prepare
26  for court-related proceedings arising from the act of domestic
27  violence.
28         (3)  This section applies to an employer who employs 50
29  or more employees and to an employee who has been employed by
30  the employer for 12 or more months.
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    Florida Senate - 2006                            CS for SB 498
    577-2053-06
 1         (4)(a)  Except in cases of imminent danger to the
 2  health or safety of the employee, or to the health or safety
 3  of a family or household member, an employee seeking leave
 4  from work under this section must provide his or her employer
 5  with appropriate advance notice of the leave as may be
 6  required by the employer's policy and with sufficient
 7  documentation of the act of domestic violence as may be
 8  required by the employer.
 9         (b)  An employee seeking leave under this section must,
10  before receiving the leave, exhaust all annual or vacation
11  leave, personal leave, and sick leave, if applicable, which is
12  available to the employee, unless the employer waives this
13  requirement.
14         (c)1.  A private employer must keep all information
15  relating to the employee's leave under this section
16  confidential.
17         2.  An agency, as defined in s. 119.011, must keep all
18  information relating to the employee's leave under this
19  section confidential and exempt pursuant to this section.
20         (5)(a)  An employer may not interfere with, restrain,
21  or deny the exercise of or any attempt by an employee to
22  exercise any right provided under this section.
23         (b)  An employer may not discharge, demote, suspend,
24  retaliate, or in any other manner discriminate against an
25  employee for exercising his or her rights under this section.
26         (c)  An employee has no greater rights to continued
27  employment or to other benefits and conditions of employment
28  than if the employee was not entitled to leave under this
29  section. This section does not limit the employer's right to
30  discipline or terminate any employee for any reason,
31  including, but not limited to, reductions in work force or
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    Florida Senate - 2006                            CS for SB 498
    577-2053-06
 1  termination for cause or for no reason at all, other than
 2  exercising his or her rights under this section.
 3         (6)  Notwithstanding any other law to the contrary, the
 4  sole remedy for any person claiming to be aggrieved by a
 5  violation of this section is to bring a civil suit for damages
 6  or equitable relief, or both, in circuit court. The person may
 7  claim as damages all wages and benefits that would have been
 8  due the person up to and including the date of the judgment
 9  had the act violating this section not occurred, but the
10  person may not claim wages or benefits for a period of leave
11  granted without pay as provided in paragraph (2)(a). However,
12  this section does not relieve the person from the obligation
13  to mitigate his or her damages.
14         Section 3.  Subsection (2) of section 943.1702, Florida
15  Statutes, is amended to read:
16         943.1702  Collection of statistics on domestic
17  violence.--
18         (2)  Each agency in the state which is involved with
19  the enforcement, monitoring, or prosecution of crimes of
20  domestic violence or, as to noncriminal actions related to
21  domestic violence, including petitions seeking injunctions for
22  protection, the judicial branch shall collect and maintain
23  records of each domestic violence incident for access by
24  investigators preparing for bond hearings and prosecutions for
25  acts of domestic violence. This information shall be provided
26  to the court at first appearance hearings and all subsequent
27  hearings.
28         Section 4.  This act shall take effect July 1, 2006.
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    Florida Senate - 2006                            CS for SB 498
    577-2053-06
 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 498
 3                                 
 4  This committee substitute differs from the bill as filed in
    the following manner:
 5  
    -    Permits a court to issue an emergency protection order
 6       immediately following an incident of domestic violence
         based on a law enforcement officer's attestation of facts
 7       demonstrating a need for the order and a court's finding
         of reasonable grounds for the order;
 8  
    -    Gives courts the discretion to grant the same relief as
 9       currently provided through temporary injunctions;
10  -    Provides that emergency protection orders expire 72 hours
         after issuance or at the end of the next judicial day,
11       whichever is later, or at the request of the victim;
12  -    Requires employers to allow employees to take up to three
         working days of leave, with or without pay, within a
13       90-day period rather than 12 months; and
14  -    Requires the judicial branch to collect and maintain
         records regarding noncriminal actions related to domestic
15       violence, including petitions seeking injunctions for
         protection, for access by investigators preparing for
16       bond hearings and prosecutions for acts of domestic
         violence.
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