Saturday, June 30, 2012

Florida House Of Representatives - CS/CS/CS/HB 1355 - Protection of Vulnerable Persons

Florida House Of Representatives - CS/CS/CS/HB 1355 - Protection of Vulnerable Persons


CS/CS/CS/HB 1355 - Protection of Vulnerable Persons
General Bill   by Dorworth (CO-SPONSORS) Adkins; Brodeur; Burgin; Campbell; Coley; Costello; Fullwood; Gaetz; Harrell; Holder; Julien; Nuñez; Pafford; Plakon; Porth; Snyder; Steube; Williams, T.

Protection of Vulnerable Persons: Revises language concerning child abuse reporting; requires DCF to provide for web-chat & update other web-based forms for reporting; requires specified educational institutions & their law enforcement agencies to report known or suspected child abuse, abandonment, or neglect in certain circumstances; provides financial penalties for violations; increases penalties for certain reporting offenses; provides for upward reclassification of certain prostitution offenses involving minors; provides for denial of relocation payment for domestic violence claim if claimant has been paid sexual battery relocation claim for same incident; provides for relocation assistance payments to victims of sexual battery; provides criteria for awards; provides for denial of relocation payment for sexual battery claim if claimant has previously been paid domestic violence relocation claim for same incident; provides appropriations; authorizes specified numbers of full-time equivalent positions with associated salary rates within DCF; defines "mental injury" with respect to offenses of abuse, aggravated abuse, & neglect of child; requires physician or psychologist acting as expert witness in certain proceedings have certain credentials; redefines "crime" for purposes of crime victims compensation to include additional forms of injury; redefines "victim" to conform with modified definition of "crime."

Eleventh Circuit Allows Pregnancy Discrimination Suit to Continue in Florida

Eleventh Circuit Allows Pregnancy Discrimination Suit to Continue in Florida 
On May 16, 2012, the Eleventh Circuit reversed a District Court's award of summary judgment previously entered in favor of the Southland Christian School, Inc. ("Southland").  In Hamilton v. Southland Christian Sch., Inc., Case No. 11-13696, Plaintiff, Jarretta Hamilton, sued Southland after she was fired.  Plaintiff claimed that Southland fired her "because she had sinned by engaging in premarital sex and, as John Ennis put it, 'there are consequences for disobeying the word of God.'"  The District Court held that Plaintiff was unable to establish a prima facie case of pregnancy discrimination because she failed to produce evidence of a nonpregnant comparator who was treated differently by Southland.

On appeal, the Eleventh Circuit reversed the summary judgment award and remanded the case to the District Court.  In the opinion, the Court noted that Plaintiff "presented evidence that, in making the decision to fire her, Southland was more concerned about her pregnancy and her request to take maternity leave than about her admission that she had premarital sex."  Plaintiff also testified at deposition that Southland was concerned about her maternity leave request.  Ultimately, the Court held that Plaintiff "established a genuine issue of material fact about the reason that Southland fired her."


The Court's opinion is available at the following link: Hamilton.

Friday, June 29, 2012

FLDOE Publishes 2012 Legislative Review Guide

FLDOE Publishes 2012 Legislative Review Guide
On May 14, 2012, the Florida Department of Education published the "2012 Florida Department of Education Legislative Review" guide. The guide provides an overview of various laws impacting education that passed during the 2012 regular legislative session.  The guide is available at the following link: "2012 Florida Department of Education Legislative Review."https://www.fldoe.org/gr/pdf/LegislativeReview2012.pdf

Friday, June 08, 2012

The age of consent in Florida is 18, however ...

Flsenate Archive: Statutes & Constitution > View Statutes

Did you know?


The age of consent in Florida is 18, but close in age exemptions exist. By law, the exception permits a person 23 years of age or younger to engage in legal sexual activity with a minor aged 16 or 17.
794.05 Unlawful sexual activity with certain minors.-- (1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose Florida code, Title XLVI, Chapter 794