Senate Bill 0212

    Florida Senate - 1999                                   SB 212

    By Senator Diaz-Balart





    37-466-99

  1                      A bill to be entitled

  2         An act relating to witnesses in judicial

  3         proceedings; amending s. 92.57, F.S.;

  4         prohibiting threatening an employee with

  5         dismissal because of the employee's testimony

  6         or appearance as a witness in a judicial

  7         proceeding; authorizing the court to hold an

  8         employer in contempt for dismissing, or

  9         threatening to dismiss, an employee because of

10         the employee's appearance or testimony as a

11         witness; providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 92.57, Florida Statutes, is amended

16  to read:

17         92.57  Termination of employment of witness

18  prohibited.--A person who testifies in a judicial proceeding

19  in response to a subpoena may not be dismissed from

20  employment, or threatened with dismissal from employment,

21  because of the nature of the person's testimony or because of

22  absences from employment resulting from appearances as a

23  witness compliance with the subpoena. The court may hold an

24  employer in contempt if the employer, or his or her agent,

25  dismisses from employment or threatens to dismiss an employee

26  because of his or her appearance or testimony as a witness.

27  In any civil action arising out of a violation of this

28  section, the court may award compensatory damages, attorney's

29  fees, and punitive damages to the person unlawfully dismissed,

30  in addition to actual damages suffered by such person.

31         Section 2.  This act shall take effect July 1, 1999.

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






    Florida Senate - 1999                                   SB 212
    37-466-99




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  2                          SENATE SUMMARY

  3    Provides that a person who testifies in a judicial
      proceeding may not be dismissed from employment, or
  4    threatened with dismissal, because of the nature of the
      testimony or because of absences from employment due to
  5    appearances as a witness. Provides that the court may
      hold an employer in contempt for dismissing, or
  6    threatening to dismiss, an employee for such reasons.

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