Living Organ Donation

Labor

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Harrell
Last action: 2026-03-13
Official status: Senate - Died in Commerce and Tourism
Effective date: 2026-07-01

Plain English Breakdown

The bill summary and text do not provide specific details on enforcement mechanisms or penalties for non-compliance.

Living Organ Donation Leave

This bill defines a 'living organ donor' and requires state agencies to provide up to 30 working days of paid leave for employees who are living organ donors, while also requiring private employers and local governments to offer unpaid leave under certain conditions.

What This Bill Does

Defines the term 'living organ donor' as someone who donates all or part of an organ while alive for transplantation into another person.
Requires state agencies to grant up to 30 working days of paid administrative leave to employees serving as living organ donors, in addition to other types of leave they might be entitled to.
Requiring private employers and local governments to provide unpaid leave to their employees if the employee is a living organ donor. The employer must grant at least as many days as requested by the employee or up to 30 working days, whichever is less.

Who It Names or Affects

State employees who are living organ donors
Private sector workers and local government employees who are living organ donors

Terms To Know

Living Organ Donor: A person who donates all or part of a human organ while alive for transplantation into another person.

Limits and Unknowns

The bill does not specify what happens if an employer chooses to provide paid leave instead of unpaid leave.
It is unclear how the bill will be enforced and what penalties, if any, apply to employers who do not comply with its requirements.

Bill History

2026-03-13 Senate
• Died in Commerce and Tourism
2026-01-13 Senate
• Introduced
2025-11-17 Senate
• Referred to Commerce and Tourism; Governmental Oversight and Accountability; Appropriations
2025-11-04 Senate
• Filed

Official Summary Text

Living Organ Donation; 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.

Current Bill Text

Read the full stored bill text

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)

“
L
iving 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.