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A bill to be entitled

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An act relating to sexual violence; amending s. 741.313,

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F.S.; defining the term "sexual violence"; providing

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specified employee leave benefits to employees who are

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victims of sexual violence or who have a family or

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household member who is a victim of sexual violence;

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providing an effective date.

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

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     Section 1.  Subsections (1) and (2) and paragraph (a) of

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subsection (4) of section 741.313, Florida Statutes, are amended

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to read:

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     741.313  Unlawful action against employees seeking

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protection.--

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     (1)  As used in this section, the term:

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     (a)  "Domestic violence" means domestic violence, as defined

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in s. 741.28, or any crime the underlying factual basis of which

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has been found by a court to include an act of domestic violence.

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     (b)  "Employee" has the same meaning as in s. 440.02(15).

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     (c)  "Employer" has the same meaning as in s. 440.02(16).

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     (d)  "Family or household member" has the same meaning as in

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s. 741.28.

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     (e) "Sexual violence" means sexual violence, as defined in

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s. 784.046, or any crime the underlying factual basis of which

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has been found by a court to include an act of sexual violence.

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     (f)(e) "Victim" means an individual who has been subjected

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to domestic violence or sexual violence.

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     (2)(a)  An employer shall permit an employee to request and

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take up to 3 working days of leave from work in any 12-month

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period if the employee or a family or household member of an

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employee is the victim of domestic violence or sexual violence.

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This leave may be with or without pay, at the discretion of the

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employer.

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     (b)  This section applies if an employee uses the leave from

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work to:

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     1.  Seek an injunction for protection against domestic

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violence or an injunction for protection in cases of repeat

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violence, dating violence, or sexual violence;

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     2.  Obtain medical care or mental health counseling, or

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both, for the employee or a family or household member to address

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physical or psychological injuries resulting from the act of

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domestic violence or sexual violence;

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     3.  Obtain services from a victim services organization,

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including, but not limited to, a domestic violence shelter or

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program or a rape crisis center as a result of the act of

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domestic violence or sexual violence;

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     4.  Make the employee's home secure from the perpetrator of

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the domestic violence or sexual violence or to seek new housing

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to escape the perpetrator; or

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     5.  Seek legal assistance in addressing issues arising from

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the act of domestic violence or sexual violence or to attend and

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prepare for court-related proceedings arising from the act of

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domestic violence or sexual violence.

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     (4)(a)  Except in cases of imminent danger to the health or

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safety of the employee, or to the health or safety of a family or

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household member, an employee seeking leave from work under this

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section must provide to his or her employer appropriate advance

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notice of the leave as required by the employer's policy along

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with sufficient documentation of the act of domestic violence or

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sexual violence as required by the employer.

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     Section 2.  This act shall take effect July 1, 2008.