House Bill 0915

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    Florida House of Representatives - 1999                 HB 915

        By Representatives Cantens, Barreiro, Prieguez, Lacasa,
    Alexander and Bense





  1                      A bill to be entitled

  2         An act relating to protection of a victim or

  3         prosecution witness from dismissal from

  4         employment; amending s. 960.001, F.S.;

  5         prohibiting dismissal of certain persons for

  6         appearing as a witness in certain proceedings;

  7         providing for a determination of contempt of

  8         court; providing a right of civil action

  9         against an employer for violating specified

10         provisions; providing for compensatory damages,

11         punitive damages, and attorney fees; creating

12         s. 960.004, F.S.; providing definitions;

13         prohibiting the dismissal from employment of a

14         victim or prosecution witness in a criminal or

15         juvenile case who is summoned to testify in

16         court, when the dismissal is due to the nature

17         or length of such activities; providing for

18         certain certification of the victim or

19         prosecution witness by the office of the state

20         attorney; providing that the threat of such

21         dismissal by the employer or employer's agent

22         may be deemed to be contempt of court;

23         prohibiting the employer from withholding

24         wages, salary, or other compensation from a

25         full-time employee who responds to a victim or

26         prosecution witness summons and gives the

27         employer specified notice; providing an

28         exception; providing penalties for violation of

29         specified provisions prohibiting the dismissal

30         or the withholding of salary, wages, or other

31         compensation; providing a right of civil action

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    Florida House of Representatives - 1999                 HB 915

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  1         against an employer for violating specified

  2         provisions; providing for compensatory damages,

  3         punitive damages, and attorney's fees;

  4         providing an effective date.

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

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  8         Section 1.  Subsection (9) is added to section 960.001,

  9  Florida Statutes, 1998 Supplement, to read:

10         960.001  Guidelines for fair treatment of victims and

11  witnesses in the criminal justice and juvenile justice

12  systems.--

13         (9)  Any person who appears as a witness in a criminal

14  or juvenile proceeding shall not be dismissed from employment

15  for any reason relating to the nature or length of such

16  service as a witness. Any threat of dismissal from employment

17  for any reason relating to the nature or length of such

18  service as a witness by an employer or his or her agent made

19  to any employee who appears as a witness may be deemed a

20  contempt of court.  Any person who is dismissed from

21  employment for any reason relating to the nature or length of

22  service as a witness may bring a civil action in the courts of

23  this state against the person's employer for any violation of

24  this subsection and such person shall be entitled to collect

25  punitive damages and reasonable attorney fees in addition to

26  compensatory damages for such violation.

27         Section 2.  Section 960.004, Florida Statutes, is

28  created to read:

29         960.004  Victim's or prosecution witness's protection

30  from dismissal from employment; prohibitions; penalties; right

31  of civil action.--

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    Florida House of Representatives - 1999                 HB 915

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  1         (1)  DEFINITIONS.--For purposes of this section, the

  2  term:

  3         (a)  "Employer" means an individual or business

  4  organization that employs at least 10 or more employees who

  5  are regularly scheduled to work at least 35 hours per week.

  6         (b)  "Victim" or "witness" does not include defense

  7  witnesses or anyone accused of the crime.

  8         (2)  PROHIBITION AGAINST DISMISSAL OF VICTIM OR WITNESS

  9  FROM EMPLOYMENT.--A victim or witness who is involved in the

10  prosecution of a criminal or juvenile case, who is certified

11  as such by the state attorney's office in the respective

12  circuit, and who is summoned to testify in court, at a

13  deposition or related appointments, may not be dismissed from

14  employment due to the nature or length of these activities.

15         (3)  THREATS CONSTITUTING CONTEMPT OF COURT.--A threat

16  of dismissal from employment by an employer or his or her

17  agent made to a victim or witness summoned and certified as

18  described in subsection (2) may be deemed contempt of court

19  from which the summons is issued or the criminal or juvenile

20  case is pending.

21         (4)  WITHHOLDING OF COMPENSATION PROHIBITED.--An

22  employer may not withhold wages, salary, or other compensation

23  from any full-time employee because of the employee's absence

24  from work for any day or for any number of hours due to the

25  employee's response to a victim or prosecution witness

26  summons, if the employee gives a copy of the summons to the

27  employee's immediate supervisor at least 5 days prior to the

28  day of testimony, or immediately when received if less than 5

29  days prior to the day of testimony; except that the employer

30  may withhold from the employee's wages, salary, or other

31  compensation an amount equal to but not more than the

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    Florida House of Representatives - 1999                 HB 915

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  1  statutory fees to which the employee is entitled for

  2  responding to a criminal case summons, or to a juvenile case

  3  summons as provided in s. 985.221 or other applicable law.

  4         (5)  PENALTIES.--Any person who dismisses a victim or

  5  witness from employment in violation of subsection (2) or who

  6  withholds a victim's or witness's wages, salary, or other

  7  compensation in violation of subsection (4) commits a

  8  noncriminal violation as defined by s. 775.08(3), punishable

  9  by a fine not exceeding $500, and shall be ordered by the

10  court to pay to the victim or witness any salary, wages, or

11  other compensation due and withheld from the employee in

12  violation of subsection (4).

13         (6)  RIGHT OF CIVIL ACTION AGAINST EMPLOYER.--Any

14  individual harmed by a violation of this section has the right

15  to bring a civil action against the employer to collect

16  compensatory damages and, in addition thereto, punitive

17  damages and reasonable attorney's fees.

18         Section 3.  This act shall take effect July 1, 1999.

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    Florida House of Representatives - 1999                 HB 915

    702-103A-99






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  2                          HOUSE SUMMARY

  3
      Prohibits dismissal of a person for appearing as a
  4    witness in a criminal or juvenile proceeding, provides
      for a determination of contempt of court for such
  5    dismissal, and provides a right of civil action against
      an employer for such dismissal and specifies punitive
  6    damages and attorney's fees in addition to compensatory
      damages. Prohibits the dismissal from employment of a
  7    victim or prosecution witness in a criminal or juvenile
      case who is summoned to testify in court, when the
  8    dismissal is due to the nature or length of such
      activities. Provides for certain certification of the
  9    victim or prosecution witness by the office of the state
      attorney. Provides that the threat of such dismissal by
10    the employer or employer's agent may be deemed to be
      contempt of court. Prohibits the employer from
11    withholding wages, salary, or other compensation from a
      full-time employee who responds to a victim or
12    prosecution witness summons and gives the employer
      specified notice. Provides an exception. Provides
13    penalties for violation of specified provisions
      prohibiting the dismissal or the withholding of salary,
14    wages, or other compensation. Provides a right of civil
      action against an employer for violating specified
15    provisions. Provides for compensatory damages, punitive
      damages, and attorney's fees.
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