Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 498
                        Barcode 784646
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: 1/FAV           .                    
       03/29/2006 12:51 PM         .                    
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11  The Committee on Commerce and Consumer Services (Aronberg)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (5) of section 741.30, Florida
19  Statutes, is amended to read:
20         741.30  Domestic violence injunctions; injunction;
21  powers and duties of court and clerk; petition; notice and
22  hearing; temporary injunction; issuance of injunction;
23  statewide verification system; enforcement.--
24         (5)(a)1.a.  In an emergency situation immediately
25  following an incident of domestic violence by a household
26  member, an emergency protection order may be issued if a law
27  enforcement officer states under oath to the court in person,
28  by telephone, in writing, or via facsimile the facts he or she
29  believes show that an emergency protection order is needed and
30  the court finds reasonable grounds to believe that the victim
31  or the victim's child is in immediate danger of domestic
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    12:28 PM   03/20/06                            s0498d-cm27-z3e

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 498 Barcode 784646 1 violence. Such an emergency protection order expires 72 hours 2 after issuance or at the end of the next judicial day, 3 whichever time is later, or upon request of the victim. The 4 time of expiration shall be clearly stated on the emergency 5 protection order. 6 b. Following the judge's issuance of the emergency 7 protection order, the law enforcement officer shall: 8 (I) If the order is verbal, reduce the emergency 9 protection order to writing on an approved form provided by 10 the court, outline the grounds justifying issuance, and sign 11 and date the order. 12 (II) If possible, serve a signed copy of the order on 13 the offender and victim at the scene of the domestic violence 14 dispute. 15 (III) Complete the appropriate affidavit of service 16 and file the affidavit with the issuing court by the close of 17 business on the next judicial day. 18 (IV) If the order was reduced to writing and signed by 19 the officer, file the original, signed emergency order with 20 the issuing court by the close of business on the next 21 judicial day. 22 2. In a nonemergency situation, but when it appears to 23 the court that an immediate and present danger of domestic 24 violence exists, the court may grant a temporary injunction ex 25 parte, pending a full hearing. 26 (b) In either an emergency protection order or an ex 27 parte temporary injunction order, the court, and may grant 28 such relief as it the court deems proper, including an 29 injunction: 30 1. Restraining the respondent from committing any acts 31 of domestic violence. 2 12:28 PM 03/20/06 s0498d-cm27-z3e
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 498 Barcode 784646 1 2. Awarding to the petitioner the temporary exclusive 2 use and possession of the dwelling that the parties share or 3 excluding the respondent from the residence of the petitioner. 4 3. On the same basis as provided in s. 61.13, granting 5 to the petitioner temporary custody of a minor child. An order 6 of temporary custody remains in effect until the order expires 7 or an order is entered by a court of competent jurisdiction in 8 a pending or subsequent civil action or proceeding affecting 9 the placement of, access to, parental time with, adoption of, 10 or parental rights and responsibilities for the minor child. 11 (c)(b) In a hearing ex parte for the purpose of 12 obtaining an such ex parte temporary injunction, no evidence 13 other than verified pleadings or affidavits shall be used as 14 evidence, unless the respondent appears at the hearing or has 15 received reasonable notice of the hearing. A denial of a 16 petition for an ex parte injunction shall be by written order 17 noting the legal grounds for denial. When the only ground for 18 denial is no appearance of an immediate and present danger of 19 domestic violence, the court shall set a full hearing on the 20 petition for injunction with notice at the earliest possible 21 time. Nothing herein affects a petitioner's right to promptly 22 amend any petition, or otherwise be heard in person on any 23 petition consistent with the Florida Rules of Civil Procedure. 24 (d)(c) Except for emergency protection orders issued 25 under subparagraph (a)1., an Any such ex parte temporary 26 injunction shall be effective for a fixed period not to exceed 27 15 days. A full hearing, as provided by this section, shall be 28 set for a date no later than the date when the emergency 29 protection order or ex parte temporary injunction ceases to be 30 effective. The court may grant a continuance of the hearing 31 before or during a hearing for good cause shown by any party, 3 12:28 PM 03/20/06 s0498d-cm27-z3e
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 498 Barcode 784646 1 which shall include a continuance to obtain service of 2 process. Any emergency protection order or ex parte temporary 3 injunction shall be extended if necessary to remain in full 4 force and effect during any period of continuance. 5 Section 2. Section 741.313, Florida Statutes, is 6 created to read: 7 741.313 Unlawful action against employees seeking 8 protection.-- 9 (1) As used in this section, the term: 10 (a) "Domestic violence" means domestic violence, as 11 defined in s. 741.28(2); stalking or aggravated stalking, as 12 defined in s. 784.048; sexual battery, as defined in s. 13 794.011(1); dating violence, as defined in s. 784.046(1); or 14 any crime the underlying factual basis of which has been found 15 by a court to include an act of domestic violence. 16 (b) "Employer" has the same meaning as in s. 17 440.02(16)(a). 18 (c) "Family or household member" has the same meaning 19 as in s. 741.28. 20 (d) "Victim" means an individual who has been 21 subjected to domestic violence. 22 (2)(a) An employer shall permit an employee to request 23 or take up to 3 working days of leave from work in any 24 12-month period, with or without pay, if the employee or a 25 family or household member of an employee is the victim of 26 domestic violence. 27 (b) This section applies if an employee uses the leave 28 from work to: 29 1. Seek an injunction for protection against domestic 30 violence or an injunction for protection in cases of repeat 31 violence, dating violence, or sexual violence; 4 12:28 PM 03/20/06 s0498d-cm27-z3e
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 498 Barcode 784646 1 2. Obtain medical care or mental health counseling, or 2 both, for the employee or a family or household member to 3 address physical or psychological injuries resulting from the 4 act of domestic violence; 5 3. Obtain services from a victim-services 6 organization, including, but not limited to, a domestic 7 violence shelter, program, or a rape crisis center as a result 8 of the act of domestic violence; 9 4. Make the employee's home secure from the 10 perpetrator of the domestic violence or to seek new housing to 11 escape the perpetrator; or 12 5. Seek legal assistance to address issues arising 13 from the act of domestic violence and to attend and prepare 14 for court-related proceedings arising from the act of domestic 15 violence. 16 (3) This section applies to an employer who employs 50 17 or more employees and to an employee who has been employed by 18 the employer for 12 or more months. 19 (4)(a) Except in cases of imminent danger to the 20 health or safety of the employee, or to the health or safety 21 of a family or household member, an employee seeking leave 22 from work under this section must provide his or her employer 23 with appropriate advance notice of the leave as may be 24 required by the employer's policy and with sufficient 25 documentation of the act of domestic violence as may be 26 required by the employer. 27 (b) An employee seeking leave under this section must, 28 before receiving the leave, exhaust all annual or vacation 29 leave, personal leave, and sick leave, if applicable, which is 30 available to the employee, unless the employer waives this 31 requirement. 5 12:28 PM 03/20/06 s0498d-cm27-z3e
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 498 Barcode 784646 1 (c)1. A private employer must keep all information 2 relating to the employee's leave under this section 3 confidential. 4 2. An agency, as defined in s. 119.011, must keep all 5 information relating to the employee's leave under this 6 section confidential and exempt pursuant to this section. 7 (5)(a) An employer may not interfere with, restrain, 8 or deny the exercise of or any attempt by an employee to 9 exercise any right provided under this section. 10 (b) An employer may not discharge, demote, suspend, 11 retaliate, or in any other manner discriminate against an 12 employee for exercising his or her rights under this section. 13 (c) An employee has no greater rights to continued 14 employment or to other benefits and conditions of employment 15 than if the employee was not entitled to leave under this 16 section. This section does not limit the employer's right to 17 discipline or terminate any employee for any reason, 18 including, but not limited to, reductions in work force or 19 termination for cause or for no reason at all, other than 20 exercising his or her rights under this section. 21 (6) Notwithstanding any other law to the contrary, the 22 sole remedy for any person claiming to be aggrieved by a 23 violation of this section is to bring a civil suit for damages 24 or equitable relief, or both, in circuit court. The person may 25 claim as damages all wages and benefits that would have been 26 due the person up to and including the date of the judgment 27 had the act violating this section not occurred. However, 28 this section does not relieve the person from the obligation 29 to mitigate his or her damages. 30 Section 3. Subsection (2) of section 943.1702, Florida 31 Statutes, is amended to read: 6 12:28 PM 03/20/06 s0498d-cm27-z3e
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 498 Barcode 784646 1 943.1702 Collection of statistics on domestic 2 violence.-- 3 (2) Each agency in the state which is involved with 4 the enforcement, monitoring, or prosecution of crimes of 5 domestic violence or, as to noncriminal actions related to 6 domestic violence, including petitions seeking injunctions for 7 protection, the judicial branch shall collect and maintain 8 records of each domestic violence incident for access by 9 investigators preparing for bond hearings and prosecutions for 10 acts of domestic violence. This information shall be provided 11 to the court at first appearance hearings and all subsequent 12 hearings. 13 Section 4. This act shall take effect July 1, 2006. 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 Delete everything before the enacting clause 19 20 and insert: 21 A bill to be entitled 22 An act relating to domestic violence; amending 23 s. 741.30, F.S.; providing for law enforcement 24 officers to obtain verbal emergency protection 25 orders immediately following incidents of 26 domestic violence; providing for officers to 27 reduce such orders to writing; providing for 28 expiration of such orders; specifying 29 procedures relating to such orders; creating s. 30 741.313, F.S.; defining the terms "domestic 31 violence," "employer," "family or household 7 12:28 PM 03/20/06 s0498d-cm27-z3e
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 498 Barcode 784646 1 member," and "victim"; requiring that an 2 employer permit an employee to take leave from 3 work to undertake activities resulting from an 4 act of domestic violence; specifying the 5 activities for which the employee may take 6 leave; requiring the employee to notify the 7 employer of the leave; providing exceptions; 8 requiring that an employer keep information 9 relating to the employee's leave confidential; 10 prohibiting an employer from taking certain 11 actions against the employee for exercising 12 rights specified in the act; providing a 13 recourse for violation of the act; amending s. 14 943.1702, F.S.; requiring collection of 15 statistics on noncriminal judicial actions 16 concerning domestic violence; providing an 17 effective date. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 12:28 PM 03/20/06 s0498d-cm27-z3e