Violence in the Workplace Law Summaries

Florida has laws relating to stalking, petition forms and carrying concealed weapons.

DEFINITIONS

"Harass" means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose (Fla Stat, Sec. 784.048).

"Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of course of conduct. Constitutionally protected activity includes picketing or other organized protests (Fla Stat, Sec. 784.048).

"Credible threat" means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person (Fla Stat, Sec. 784.048).

"Cyberstalks" means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose (Fla Stat, Sec. 784.048, as amended by Ch. 2003-23 (H. 479), L. 2003, effective October 1, 2003).

WHAT THE EMPLOYER MUST DO

Florida requires that every employer provide a safe and healthful workplace for its employees.

Stalking laws. --Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking (Fla Stat, Sec. 784.048, as amended by Ch. 2003-23 (H. 479), L. 2003, effective October 1, 2003).

Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the person's child, sibling, spouse, parent, or dependent, commits the offense of aggravated stalking (Fla Stat, Sec. 784.048, as amended by Ch. 2003-23 (H. 479), L. 2003, effective October 1, 2003).

Any person who, after an injunction for protection against repeat violence, sexual violence, or dating violence, or an injunction for protection against domestic violence or after any other court-imposed prohibition of conduct toward the subject person or that person's property, knowingly, willfully, maliciously and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking (Fla Stat, Sec. 784.048, as amended by Ch. 2004-17 (H. 495), L. 2004).

Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the antistalking laws (Fla Stat, Sec. 784.048, as amended by Ch. 2003-23 (H. 479), L. 2003, effective October 1, 2003).

Petition forms. --There is created a cause of action for an injunction for protection in cases of repeat violence. Any person who is the victim of repeat violence has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence. This cause of action for an injunction may be sought whether or not any other petition, complaint, or cause of action is currently available or pending between the parties. This cause of action for an injunction does not require that the petitioner be represented by an attorney.

The clerk of the court will provide a copy of the law, simplified forms and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel.

In the event the person desiring to file for an injunction does not have sufficient funds with which to pay filing fees to the clerk of the court or service fees to the sheriff or law enforcement agency and signs an affidavit so stating, the fees will be waived by the clerk of the court or the sheriff or law enforcement agency to the extent necessary to process the petition and serve the injunction, subject to a subsequent order of the court relative to the payment of such fees.

No bond is required by the court for the entry of an injunction.

The clerk of the court will provide the petitioner with a certified copy of any injunction for protection against repeat violence entered by the court.

The sworn petition must allege the incidents of repeat violence and include the specific facts and circumstances which form the basis upon which relief is sought.

The sworn petition must be in substantially the following form (Fla Stat, Sec. 784.046(4)(b), as amended by Ch. 2004-17 (H. 495), L. 2004):

PETITION FOR INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE, SEXUAL VIOLENCE, OR DATING VIOLENCE

Before me, the undersigned authority, personally appeared Petitioner (Name), who has been sworn and says that the following statements are true:

1. Petitioner resides at (address)

2. Respondent resides at (address)

3. (a) Petitioner has suffered repeat violence as demonstrated by the fact that the respondent has: (enumerate incidents of violence). (b) Petitioner has suffered sexual violence as demonstrated by the fact that the respondent has: (enumerate incidents of violence and include incident report number from law enforcement agency or attach notice of inmate release. (c) Petitioner is a victim of dating violence and has reasonable cause to believe that he or she is in imminent danger of becoming the victim of another act of dating violence or has reasonable cause to believe that he or she is in imminent danger of becoming a victim of dating violence, as demonstrated by the fact that the respondent has: (list the specific incident(s) of violence and describe the length of time of the relationship, whether it has been in existence during the last months, the nature of the relationship of a romantic or intimate nature, the frequency and type of interaction, and any other facts that characterize the relationship)

4. Petitioner genuinely fears repeat violence by the respondent.

5. Petitioner seeks: an immediate injunction against the respondent, enjoining him or her from committing any further acts of violence; an injunction enjoining the respondent from committing any further acts of violence; and an injunction providing any terms the court deems necessary for the protection of the petitioner and his immediate family, including any injunctions or directives to law enforcement agencies.

Domestic and Repeat Violence Injunction Statewide Verification System. --There will be created a Domestic and Repeat Violence Injunction Statewide Verification System within the Department of Law Enforcement. The department will establish, implement, and maintain a statewide communication system capable of electronically transmitting information to and between criminal justice agencies relating to domestic violence injunctions and repeat violence injunctions issued by the courts throughout the state. Such information must include, but is not limited to, information as to the existence and status of any injunction for verification purposes.

Carrying concealed weapons. --In Florida, it is unlawful to carry a concealed weapon or electric weapon or device on one's person without a license, except in one's own home or place of business (Fla Stat, Sec. 790.01).

Even with a license to carry a concealed weapon, the law prohibits one from exhibiting a weapon in a threatening manner (and not in self-defense) on school property or within 1,000 feet of a school, except on private property within the school zone by a person authorized to be on the private property by the owner (Fla Stat, Sec. 790.115). A concealed weapon may not be carried within the premises of a pharmacy, unless the person is employed by the pharmacy and is authorized to carry the weapon by the owner or licensed by the state to carry a concealed weapon (Fla Stat, Sec. 790.145). One may not use a firearm or have a loaded firearm in his or her hand while under the influence of alcoholic beverage, chemical substance or controlled substance, unless lawfully defending one's self or one's property (Fla Stat, Sec. 790.151).

The law allowing individuals to carry concealed weapons in their places of business includes workplaces where the individuals are employed by others. The employer's permission is not needed to carry the weapon in the workplace (State v Commons, (FlaDistCtApp 1991) 592 So2d 317).

Force with force law. --Effective October 1, 2005, a person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be (Fla Stat, Sec. 776.031, as amended by Ch. 2005-27 (S. 436), L. 2005, effective October 1, 2005).

This is a summary of Violence in the Workplace Laws in Florida.