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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    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.
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    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,
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    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;
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    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.
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    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:
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    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.
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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
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    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.
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