HB 489

1	A bill to be entitled
2	An act relating to sexual violence; amending s. 741.313,
3	F.S.; defining the term "sexual violence"; providing
4	specified employee leave benefits to employees who are
5	victims of sexual violence or who have a family or
6	household member who is a victim of sexual violence;
7	providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Subsections (1) and (2), paragraph (a) of
12	subsection (4), and paragraph (a) of subsection (7) of section
13	741.313, Florida Statutes, are amended to read:
14	741.313  Unlawful action against employees seeking
15	protection.--
16	(1)  As used in this section, the term:
17	(a)  "Domestic violence" means domestic violence, as
18	defined in s. 741.28, or any crime the underlying factual basis
19	of which has been found by a court to include an act of domestic
20	violence.
21	(b)  "Employee" has the same meaning as in s. 440.02(15).
22	(c)  "Employer" has the same meaning as in s. 440.02(16).
23	(d)  "Family or household member" has the same meaning as
24	in s. 741.28.
25	(e)  "Sexual violence" mean sexual violence, as defined in
26	s. 784.046, or any crime the underlying factual basis of which
27	has been found by a court to include an act of sexual violence.
28	(f)(e)  "Victim" means an individual who has been subjected
29	to domestic violence or sexual violence.
30	(2)(a)  An employer shall permit an employee to request and
31	take up to 3 working days of leave from work in any 12-month
32	period if the employee or a family or household member of an
33	employee is the victim of domestic violence or sexual violence.
34	This leave may be with or without pay, at the discretion of the
35	employer.
36	(b)  This section applies if an employee uses the leave
37	from work to:
38	1.  Seek an injunction for protection against domestic
39	violence or an injunction for protection in cases of repeat
40	violence, dating violence, or sexual violence;
41	2.  Obtain medical care or mental health counseling, or
42	both, for the employee or a family or household member to
43	address physical or psychological injuries resulting from the
44	act of domestic violence or sexual violence;
45	3.  Obtain services from a victim services organization,
46	including, but not limited to, a domestic violence shelter or
47	program or a rape crisis center as a result of the act of
48	domestic violence or sexual violence;
49	4.  Make the employee's home secure from the perpetrator of
50	the domestic violence or sexual violence or to seek new housing
51	to escape the perpetrator; or
52	5.  Seek legal assistance in addressing issues arising from
53	the act of domestic violence or sexual violence or to attend and
54	prepare for court-related proceedings arising from the act of
55	domestic violence or sexual violence.
56	(4)(a)  Except in cases of imminent danger to the health or
57	safety of the employee, or to the health or safety of a family
58	or household member, an employee seeking leave from work under
59	this section must provide to his or her employer appropriate
60	advance notice of the leave as required by the employer's policy
61	along with sufficient documentation of the act of domestic
62	violence or sexual violence as required by the employer.
63	(7)(a)  Personal identifying information that is contained
64	in records documenting an act of domestic violence or sexual
65	violence and that is submitted to an agency, as defined in
66	chapter 119, by an agency employee under the requirements of
67	this section is confidential and exempt from s. 119.07(1) and s.
68	24(a), Art. I of the State Constitution.
69	Section 2.  This act shall take effect July 1, 2008.

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