THE BILL ITSELF
SB 390
Living Organ Donation
Florida Senate - 2026 SB 390 By Senator Harrell 31-00550A-26 2026390__
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A bill to be entitled
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An act relating to living organ donation; creating s.
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110.1185, F.S.; defining the term “living organ
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donor”; requiring state agencies to grant
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administrative leave, not to exceed a specified number
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of days, to allow an employee to serve as a living
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organ donor; specifying that such leave is in addition
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to other leave authorized by law; creating s. 381.865,
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F.S.; defining the terms “employer” and “living organ
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donor”; requiring employers to grant an unpaid leave
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of absence to allow an employee to serve as a living
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organ donor under certain circumstances; specifying
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the length of such leave of absence; authorizing
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employers to grant paid or unpaid leave for a period
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longer than the required period of time; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 110.1185, Florida Statutes, is created
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to read:
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110.1185 Administrative leave for living organ donation.—
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(1) As used in this section, the term “living organ donor”
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means a person who donates all or part of a human organ while he
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or she is alive for transplantation into another person.
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(2) Each state agency shall grant administrative leave,
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with pay, not to exceed 30 working days, to allow an employee to
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serve as a living organ donor. Administrative leave granted
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under this section is in addition to any medical, personal, or
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other leave otherwise authorized by law.
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Section 2. Section 381.865, Florida Statutes, is created to
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read:
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381.865 Leave for living organ donation by employees of
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private employers and local governments.—
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(1) As used in this section, the term:
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(a) “Employer” means a private employer, including a sole
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proprietor, partnership, corporation, limited liability company,
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or other entity, or a political subdivision of the state, that
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employs one or more employees.
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(b) “Living organ donor” means a person who donates all or
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part of a human organ while he or she is alive for
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transplantation into another person.
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(2)(a) In addition to any medical, personal, or other paid
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leave provided by the employer, an employer shall grant an
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employee an unpaid leave of absence to allow the employee to
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serve as a living organ donor if the employee submits a written
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request for such leave.
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(b) The length of the leave of absence must be equal to the
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time requested by the employee or 30 working days, whichever is
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less.
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(c) An employer may grant paid or unpaid leave for a period
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longer than 30 working days.
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Section 3. This act shall take effect July 1, 2026.