HB 489

A bill to be entitled
2An act relating to sexual violence; amending s. 741.313,
3F.S.; defining the term "sexual violence"; providing
4specified employee leave benefits to employees who are
5victims of sexual violence or who have a family or
6household member who is a victim of sexual violence;
7providing an effective date.
9Be It Enacted by the Legislature of the State of Florida:
11     Section 1.  Subsections (1) and (2), paragraph (a) of
12subsection (4), and paragraph (a) of subsection (7) of section
13741.313, Florida Statutes, are amended to read:
14     741.313  Unlawful action against employees seeking
16     (1)  As used in this section, the term:
17     (a)  "Domestic violence" means domestic violence, as
18defined in s. 741.28, or any crime the underlying factual basis
19of which has been found by a court to include an act of domestic
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
24in s. 741.28.
25     (e)  "Sexual violence" mean sexual violence, as defined in
26s. 784.046, or any crime the underlying factual basis of which
27has been found by a court to include an act of sexual violence.
28     (f)(e)  "Victim" means an individual who has been subjected
29to domestic violence or sexual violence.
30     (2)(a)  An employer shall permit an employee to request and
31take up to 3 working days of leave from work in any 12-month
32period if the employee or a family or household member of an
33employee is the victim of domestic violence or sexual violence.
34This leave may be with or without pay, at the discretion of the
36     (b)  This section applies if an employee uses the leave
37from work to:
38     1.  Seek an injunction for protection against domestic
39violence or an injunction for protection in cases of repeat
40violence, dating violence, or sexual violence;
41     2.  Obtain medical care or mental health counseling, or
42both, for the employee or a family or household member to
43address physical or psychological injuries resulting from the
44act of domestic violence or sexual violence;
45     3.  Obtain services from a victim services organization,
46including, but not limited to, a domestic violence shelter or
47program or a rape crisis center as a result of the act of
48domestic violence or sexual violence;
49     4.  Make the employee's home secure from the perpetrator of
50the domestic violence or sexual violence or to seek new housing
51to escape the perpetrator; or
52     5.  Seek legal assistance in addressing issues arising from
53the act of domestic violence or sexual violence or to attend and
54prepare for court-related proceedings arising from the act of
55domestic violence or sexual violence.
56     (4)(a)  Except in cases of imminent danger to the health or
57safety of the employee, or to the health or safety of a family
58or household member, an employee seeking leave from work under
59this section must provide to his or her employer appropriate
60advance notice of the leave as required by the employer's policy
61along with sufficient documentation of the act of domestic
62violence or sexual violence as required by the employer.
63     (7)(a)  Personal identifying information that is contained
64in records documenting an act of domestic violence or sexual
65violence and that is submitted to an agency, as defined in
66chapter 119, by an agency employee under the requirements of
67this section is confidential and exempt from s. 119.07(1) and s.
6824(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.