Florida SB 390: Living Organ Donation

Bill Text

390 
Living Organ Donation 
2025-11-04T11:34:25Z 
Defining the term “living organ donor”; requiring state agencies to grant administrative leave, not to exceed a specified number of days, to allow an employee to serve as a living organ donor; requiring employers to grant an unpaid leave of absence to allow an employee to serve as a living organ donor under certain circumstances, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 390 

 By Senator Harrell 

 31-00550A-26 2026390__ 
 1 A bill to be entitled 
 2 An act relating to living organ donation; creating s. 
 3 110.1185, F.S.; defining the term “living organ 
 4 donor”; requiring state agencies to grant 
 5 administrative leave, not to exceed a specified number 
 6 of days, to allow an employee to serve as a living 
 7 organ donor; specifying that such leave is in addition 
 8 to other leave authorized by law; creating s. 381.865, 
 9 F.S.; defining the terms “employer” and “living organ 
 10 donor”; requiring employers to grant an unpaid leave 
 11 of absence to allow an employee to serve as a living 
 12 organ donor under certain circumstances; specifying 
 13 the length of such leave of absence; authorizing 
 14 employers to grant paid or unpaid leave for a period 
 15 longer than the required period of time; providing an 
 16 effective date. 
 17 
 18 Be It Enacted by the Legislature of the State of Florida: 
 19 
 20 Section 1. Section 110.1185, Florida Statutes, is created 
 21 to read: 
 22 110.1185 Administrative leave for living organ donation.— 
 23 (1) As used in this section, the term “living organ donor” 
 24 means a person who donates all or part of a human organ while he 
 25 or she is alive for transplantation into another person. 
 26 (2) Each state agency shall grant administrative leave, 
 27 with pay, not to exceed 30 working days, to allow an employee to 
 28 serve as a living organ donor. Administrative leave granted 
 29 under this section is in addition to any medical, personal, or 
 30 other leave otherwise authorized by law. 
 31 Section 2. Section 381.865, Florida Statutes, is created to 
 32 read: 
 33 381.865 Leave for living organ donation by employees of 
 34 private employers and local governments.— 
 35 (1) As used in this section, the term: 
 36 (a) “Employer” means a private employer, including a sole 
 37 proprietor, partnership, corporation, limited liability company, 
 38 or other entity, or a political subdivision of the state, that 
 39 employs one or more employees. 
 40 (b) “Living organ donor” means a person who donates all or 
 41 part of a human organ while he or she is alive for 
 42 transplantation into another person. 
 43 (2)(a) In addition to any medical, personal, or other paid 
 44 leave provided by the employer, an employer shall grant an 
 45 employee an unpaid leave of absence to allow the employee to 
 46 serve as a living organ donor if the employee submits a written 
 47 request for such leave. 
 48 (b) The length of the leave of absence must be equal to the 
 49 time requested by the employee or 30 working days, whichever is 
 50 less. 
 51 (c) An employer may grant paid or unpaid leave for a period 
 52 longer than 30 working days. 
 53 Section 3. This act shall take effect July 1, 2026.