Florida Senate - 2019                                    SB 1580
       
       
        
       By Senator Book
       
       
       
       
       
       32-01428-19                                           20191580__
    1                        A bill to be entitled                      
    2         An act relating to workplace sexual harassment;
    3         creating s. 760.65, F.S.; requiring the Florida
    4         Commission on Human Relations to create and publish a
    5         model sexual harassment prevention guidance document
    6         and sexual harassment prevention policy; providing
    7         requirements; requiring employers to adopt the model
    8         policy or one that equals or exceeds it; requiring the
    9         commission to produce a model sexual harassment
   10         prevention training program; providing program
   11         requirements; requiring employers to use the program
   12         or one that equals or exceeds it; providing for
   13         enforcement; authorizing rulemaking; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 760.65, Florida Statutes, is created to
   19  read:
   20         760.65 Prevention of sexual harassment.—
   21         (1) The Florida Commission on Human Relations shall create
   22  and publish a model sexual harassment prevention guidance
   23  document and sexual harassment prevention policy that employers
   24  may use in their adoption of a sexual harassment prevention
   25  policy required by this section.
   26         (a) Such model sexual harassment prevention policy must:
   27         1. Prohibit sexual harassment consistent with guidance
   28  issued by the commission and provide examples of prohibited
   29  conduct that would constitute unlawful sexual harassment.
   30         2. Include information concerning the federal and state
   31  statutory provisions concerning sexual harassment and remedies
   32  available to victims of sexual harassment and a statement that
   33  there may be applicable local laws.
   34         3. Include a standard complaint form.
   35         4. Include a procedure for the timely and confidential
   36  investigation of complaints and ensure due process for all
   37  parties.
   38         5. Inform employees of their rights of redress and all
   39  available forums for adjudicating sexual harassment complaints
   40  administratively and judicially.
   41         6. Clearly state that sexual harassment is considered a
   42  form of employee misconduct and that sanctions will be enforced
   43  against individuals engaging in sexual harassment and against
   44  supervisory and managerial personnel who knowingly allow such
   45  behavior to continue.
   46         7. Clearly state that retaliation against individuals who
   47  complain of sexual harassment or who testify or assist in any
   48  proceeding under the law is unlawful.
   49         (b) The commission’s model sexual harassment prevention
   50  policy shall be publicly available and posted on its website.
   51         (c) Every employer in this state shall adopt the model
   52  sexual harassment prevention policy adopted pursuant to this
   53  section or establish a sexual harassment prevention policy to
   54  prevent sexual harassment that equals or exceeds the minimum
   55  standards provided by the model sexual harassment prevention
   56  policy. Each employer shall provide its sexual harassment
   57  prevention policy to all employees in writing and shall post a
   58  copy of the policy in an appropriate and conspicuous location on
   59  the employer’s premises.
   60         (2) The commission shall produce a model sexual harassment
   61  prevention training program to prevent sexual harassment in the
   62  workplace.
   63         (a) The model sexual harassment prevention training program
   64  shall be interactive and include:
   65         1. An explanation of sexual harassment consistent with
   66  guidance issued by the commission.
   67         2. Examples of conduct that would constitute unlawful
   68  sexual harassment.
   69         3. Information concerning the federal and state statutory
   70  provisions concerning sexual harassment and remedies available
   71  to victims of sexual harassment.
   72         4. Information concerning employees’ rights of redress and
   73  all available forums for adjudicating complaints.
   74         5. The telephone number of a confidential sexual assault
   75  hotline serving the area in which the employer is located.
   76         (b) The commission shall include information in such model
   77  sexual harassment prevention training program addressing conduct
   78  by supervisors and any additional responsibilities for such
   79  supervisors.
   80         (c) Every employer shall use the model sexual harassment
   81  prevention training program pursuant to this section or
   82  establish a training program for employees to prevent sexual
   83  harassment that equals or exceeds the minimum standards provided
   84  by such model training. Each employer shall provide sexual
   85  harassment prevention training to all employees on an annual
   86  basis.
   87         (3) The commission may enforce this section as provided in
   88  part I of this chapter.
   89         (4) The commission may adopt rules to implement this
   90  section.
   91         Section 2. This act shall take effect January 1, 2020.