HB 1505

1	A bill to be entitled
2	An act relating to domestic violence; amending s. 741.29,
3	F.S.; providing for access by the alleged victim to
4	certain materials that are part of an active criminal
5	investigation of an incident of domestic violence that are
6	exempt from disclosure under specified provisions;
7	provides for continuing exemption of material from
8	disclosure; amending s. 741.30, F.S.; providing for law
9	enforcement officers to obtain verbal emergency protection
10	orders immediately following incidents of domestic
11	violence; providing for officers to reduce such orders to
12	writing; providing for expiration of such orders;
13	specifying procedures relating to such orders; creating s.
14	741.313, F.S.; defining the terms "domestic violence,"
15	"family or household member," and "victim"; requiring that
16	an employer permit an employee to take leave from work to
17	undertake activities resulting from an act of domestic
18	violence; specifying the activities for which the employee
19	may take leave; requiring the employee to notify the
20	employer of the leave; providing exceptions; requiring
21	that an employer keep information relating to the
22	employee's leave confidential; prohibiting an employer
23	from taking certain actions against the employee for
24	exercising rights specified in the act; providing a
25	recourse for violation of the act; amending s. 943.1702,
26	F.S.; requiring collection of statistics on noncriminal
27	judicial actions concerning domestic violence; providing
28	an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Subsection (2) of section 741.29, Florida
33	Statutes, is amended to read:
34	741.29  Domestic violence; investigation of incidents;
35	notice to victims of legal rights and remedies; reporting.--
36	(2)  When a law enforcement officer investigates an
37	allegation that an incident of domestic violence has occurred,
38	the officer shall handle the incident pursuant to the arrest
39	policy provided in s. 901.15(7), and as developed in accordance
40	with subsections (3), (4), and (5). Whether or not an arrest is
41	made, the officer shall make a written police report that is
42	complete and clearly indicates the alleged offense was an
43	incident of domestic violence. Such report shall be given to the
44	officer's supervisor and filed with the law enforcement agency
45	in a manner that will permit data on domestic violence cases to
46	be compiled. Such report must include:
47	(a)  A description of physical injuries observed, if any.
48	(b)  If a law enforcement officer decides not to make an
49	arrest or decides to arrest two or more parties, the officer
50	shall include in the report the grounds for not arresting anyone
51	or for arresting two or more parties.
52	(c)  A statement which indicates that a copy of the legal
53	rights and remedies notice was given to the victim.
54
55	Whenever possible, the law enforcement officer shall obtain a
56	written statement from the victim and witnesses concerning the
57	alleged domestic violence. The officer shall submit the report
58	to the supervisor or other person to whom the employer's rules
59	or policies require reports of similar allegations of criminal
60	activity to be made. The law enforcement agency shall, without
61	charge, send a copy of the initial police report, as well as any
62	subsequent, supplemental, or related report, which excludes
63	victim/witness statements or other materials that are part of an
64	active criminal investigation and are exempt from disclosure
65	under chapter 119, to the nearest locally certified domestic
66	violence center within 24 hours after the agency's receipt of
67	the report. The report furnished to the domestic violence center
68	must include a narrative description of the domestic violence
69	incident. The report furnished to the domestic violence center
70	shall also include victim and witness statements or other
71	materials that are part of an active criminal investigation and
72	are exempt from disclosure under chapter 119; however, such
73	statements and materials shall retain their exempt status when
74	held by the locally certified domestic violence center and shall
75	not be accessed by persons other than the victim.
76	Section 2.  Subsection (5) of section 741.30, Florida
77	Statutes, is amended to read:
78	741.30  Domestic violence injunctions; injunction; powers
79	and duties of court and clerk; petition; notice and hearing;
80	temporary injunction; issuance of injunction; statewide
81	verification system; enforcement.--
82	(5)(a)1.a.  In an emergency situation immediately following
83	an incident of domestic violence by a household member, an
84	emergency protection order may be issued if a law enforcement
85	officer states under oath to the court in person, by telephone,
86	in writing, or via facsimile the facts he or she believes show
87	that an emergency protection order is needed and the court finds
88	reasonable grounds to believe that the victim or the victim's
89	child is in immediate danger of domestic violence. Such an
90	emergency protection order expires 72 hours after issuance or at
91	the end of the next judicial day, whichever time is later, or
92	upon request of the victim. The time of expiration shall be
93	clearly stated on the emergency protection order.
94	b.  Following the judge's issuance of the emergency
95	protection order, the law enforcement officer shall:
96	(I)  If the order is verbal, reduce the emergency
97	protection order to writing on an approved form provided by the
98	court, outline the grounds justifying issuance, and sign and
99	date the order.
100	(II)  If possible, serve a signed copy of the order on the
101	offender and victim at the scene of the domestic violence
102	dispute.
103	(III)  Complete the appropriate affidavit of service and
104	file the affidavit with the issuing court by the close of
105	business on the next judicial day.
106	(IV)  If the order was reduced to writing and signed by the
107	officer, file the original, signed emergency order with the
108	issuing court by the close of business on the next judicial day.
109	2.  In a nonemergency situation, but when it appears to the
110	court that an immediate and present danger of domestic violence
111	exists, the court may grant a temporary injunction ex parte,
112	pending a full hearing.
113	(b)  In either an emergency protection order or an ex parte
114	temporary injunction order, the court , and may grant such
115	relief as it the court deems proper, including an injunction:
116	1.  Restraining the respondent from committing any acts of
117	domestic violence.
118	2.  Awarding to the petitioner the temporary exclusive use
119	and possession of the dwelling that the parties share or
120	excluding the respondent from the residence of the petitioner.
121	3.  On the same basis as provided in s. 61.13, granting to
122	the petitioner temporary custody of a minor child. An order of
123	temporary custody remains in effect until the order expires or
124	an order is entered by a court of competent jurisdiction in a
125	pending or subsequent civil action or proceeding affecting the
126	placement of, access to, parental time with, adoption of, or
127	parental rights and responsibilities for the minor child.
128	(c)(b)  In a hearing ex parte for the purpose of obtaining
129	an such ex parte temporary injunction, no evidence other than
130	verified pleadings or affidavits shall be used as evidence,
131	unless the respondent appears at the hearing or has received
132	reasonable notice of the hearing. A denial of a petition for an
133	ex parte injunction shall be by written order noting the legal
134	grounds for denial. When the only ground for denial is no
135	appearance of an immediate and present danger of domestic
136	violence, the court shall set a full hearing on the petition for
137	injunction with notice at the earliest possible time. Nothing
138	herein affects a petitioner's right to promptly amend any
139	petition, or otherwise be heard in person on any petition
140	consistent with the Florida Rules of Civil Procedure.
141	(d)(c)  Except for emergency protection orders issued under
142	subparagraph (a)1., an Any such ex parte temporary injunction
143	shall be effective for a fixed period not to exceed 15 days. A
144	full hearing, as provided by this section, shall be set for a
145	date no later than the date when the emergency protection order
146	or ex parte temporary injunction ceases to be effective. The
147	court may grant a continuance of the hearing before or during a
148	hearing for good cause shown by any party, which shall include a
149	continuance to obtain service of process. Any emergency
150	protection order or ex parte temporary injunction shall be
151	extended if necessary to remain in full force and effect during
152	any period of continuance.
153	Section 3.  Section 741.313, Florida Statutes, is created
154	to read:
155	741.313  Unlawful action against employees seeking
156	protection.--
157	(1)  As used in this section, the term:
158	(a)  "Domestic violence" means domestic violence, as
159	defined in s. 741.28(2), or any crime the underlying factual
160	basis of which has been found by a court to include an act of
161	domestic violence.
162	(b)  "Family or household member" has the same meaning as
163	in s. 741.28.
164	(c)  "Victim" means an individual who has been subjected to
165	domestic violence.
166	(2)(a)  An employer shall permit an employee to request or
167	to take up to 3 working days of leave from work in any 90-day
168	period if the employee or a family or household member of the
169	employee is the victim of domestic violence. This leave may be
170	with or without pay, at the discretion of the employer.
171	(b)  This section applies if an employee uses the leave
172	from work to:
173	1.  Seek an injunction for protection against domestic
174	violence or an injunction for protection in cases of repeat
175	violence, dating violence, or sexual violence;
176	2.  Obtain medical care or mental health counseling, or
177	both, for the employee or a family or household member to
178	address physical or psychological injuries resulting from the
179	act of domestic violence;
180	3.  Obtain services from a victim services organization,
181	including, but not limited to, a domestic violence shelter or
182	program or a rape crisis center as a result of the act of
183	domestic violence;
184	4.  Make the employee's home secure from the perpetrator of
185	the domestic violence or to seek new housing to escape the
186	perpetrator; or
187	5.  Seek legal assistance to address issues arising from
188	the act of domestic violence and to attend and prepare for
189	court-related proceedings arising from the act of domestic
190	violence.
191	(3)  This section applies to an employer who employs 50 or
192	more employees and to an employee who has been employed by the
193	employer for 12 or more months.
194	(4)(a)  Except in cases of imminent danger to the health or
195	safety of the employee or to the health or safety of a family or
196	household member, an employee seeking leave from work under this
197	section must provide his or her employer with appropriate
198	advance notice of the leave as may be required by the employer's
199	policy and with sufficient documentation of the act of domestic
200	violence as may be required by the employer.
201	(b)  An employee seeking leave under this section must,
202	before receiving the leave, exhaust all annual or vacation
203	leave, personal leave, and sick leave, if applicable, which is
204	available to the employee, unless the employer waives this
205	requirement.
206	(c)  An employer must keep all information relating to the
207	employee's leave under this section confidential.
208	(5)(a)  An employer may not interfere with, restrain, or
209	deny the exercise of or any attempt by an employee to exercise
210	any right provided under this section.
211	(b)  An employer may not discharge, demote, suspend,
212	retaliate against, or in any other manner discriminate against
213	an employee for exercising his or her rights under this section.
214	(c)  An employee has no greater rights to continued
215	employment or to other benefits and conditions of employment
216	than if the employee was not entitled to leave under this
217	section. This section does not limit the employer's right to
218	discipline or terminate any employee for any reason, including,
219	but not limited to, reductions in workforce or termination for
220	cause or for no reason at all, other than exercising his or her
221	rights under this section.
222	(6)  Notwithstanding any other law to the contrary, the
223	sole remedy for any person claiming to be aggrieved by a
224	violation of this section is to bring a civil suit for damages
225	or equitable relief, or both, in circuit court. The person may
226	claim as damages all wages and benefits that would have been due
227	the person up to and including the date of the judgment had the
228	act violating this section not occurred. However, this section
229	does not relieve the person from the obligation to mitigate his
230	or her damages.
231	Section 4.  Subsection (2) of section 943.1702, Florida
232	Statutes, is amended to read:
233	943.1702  Collection of statistics on domestic violence.--
234	(2)  Each agency in the state that which is involved with
235	the enforcement, monitoring, or prosecution of crimes of
236	domestic violence or, as to noncriminal actions related to
237	domestic violence, including petitions seeking injunctions for
238	protection, the judicial branch, shall collect and maintain
239	records of each domestic violence incident for access by
240	investigators preparing for bond hearings and prosecutions for
241	acts of domestic violence. This information shall be provided to
242	the court at first appearance hearings and all subsequent
243	hearings.
244	Section 5.  This act shall take effect October 1, 2006.

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