House Bill 0787er
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1997 Legislature CS/HB 787
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2 An act relating to criminal and juvenile
3 justice; amending s. 39.024, F.S.; changing the
4 membership of the Department of Juvenile
5 Justice Standards and Training Commission to
6 include contract providers and a representative
7 of the business community; creating s. 39.086,
8 F.S.; defining the terms "sexual misconduct"
9 and "employee"; providing that it is a second
10 degree felony for an employee to engage in
11 sexual misconduct with a juvenile offender
12 detained or supervised by the department;
13 providing penalties; providing certain
14 exceptions; prohibiting certain employment, or
15 providing for dismissal from departmental
16 employment, of a person who has engaged in
17 sexual misconduct with a juvenile offender;
18 requiring an employee who witnesses sexual
19 misconduct, or who has reasonable cause to
20 suspect that sexual misconduct has been
21 committed, to report such incident; providing
22 for notification to the inspector general,
23 facility superintendent, and district juvenile
24 justice manager; providing that it is a first
25 degree misdemeanor to knowingly and willfully
26 fail to make a report as required, or to
27 prevent another from doing so, or to submit
28 inaccurate or untruthful information; providing
29 penalties; providing that it is a third degree
30 felony to coerce or threaten another person to
31 alter testimony or a report with respect to an
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1 incident of sexual misconduct; providing
2 penalties; creating s. 39.087, F.S.;
3 prohibiting the introduction, removal, or
4 possession of, and other specified acts with
5 respect to, contraband articles on the grounds
6 of a juvenile detention facility or other
7 commitment program; specifying articles that
8 are contraband; providing penalties; providing
9 exceptions; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Paragraph (a) of subsection (2) of section
14 39.024, Florida Statutes, is amended to read:
15 39.024 Juvenile justice training academies
16 established; Juvenile Justice Standards and Training
17 Commission created; Juvenile Justice Training Trust Fund
18 created.--
19 (2) JUVENILE JUSTICE STANDARDS AND TRAINING
20 COMMISSION.--
21 (a) There is created under the Department of Juvenile
22 Justice the Juvenile Justice Standards and Training
23 Commission, hereinafter referred to as the commission. The
24 17-member commission shall consist of the Attorney General or
25 designee, the Commissioner of Education or designee, a member
26 of the juvenile court judiciary to be appointed by the Chief
27 Justice of the Supreme Court, and 14 members to be appointed
28 by the Secretary of Juvenile Justice as follows:
29 1. Seven Eight members shall be juvenile justice
30 professionals program staff: a superintendent or and a direct
31 care staff member from an a state-owned and state-operated
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1 institution; a superintendent, a director, or a direct care
2 staff member from both a contracted and a state-operated
3 community-based program; a superintendent and a direct care
4 staff member from a regional detention center or facility; an
5 intake supervisor, intake counselor, or case manager; and a
6 community control and furlough supervisor or counselor; and a
7 director of a day treatment or aftercare program. No fewer
8 than three of these members shall be contract providers.
9 2. Two members shall be representatives of local law
10 enforcement agencies.
11 3. One member shall be an educator from the state's
12 university and community college program of criminology,
13 criminal justice administration, social work, psychology,
14 sociology, or other field of study pertinent to the training
15 of juvenile justice program staff.
16 4. One member shall be a member of the public.
17 5. One member shall be a state attorney, or assistant
18 attorney, who has juvenile court experience.
19 6. One member shall be a public defender, or assistant
20 public defender, who has juvenile court experience.
21 7. One member shall be a representative of the
22 business community.
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24 All appointed members shall be appointed to serve terms of 2
25 years.
26 Section 2. Section 39.086, Florida Statutes, is
27 created to read:
28 39.086 Sexual misconduct prohibited; reporting
29 required; penalties.--
30 (1)(a)1. As used in this subsection, the term:
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1 a. "Sexual misconduct" means fondling the genital
2 area, groin, inner thighs, buttocks, or breasts of a person;
3 the oral, anal, or vaginal penetration by or union with the
4 sexual organ of another; or the anal or vaginal penetration of
5 another by any other object. The term does not include an act
6 done for a bona fide medical purpose or an internal search
7 conducted in the lawful performance of duty by an employee of
8 the department or an employee of a provider under contract
9 with the department.
10 b. "Employee" includes paid staff members, volunteers,
11 and interns who work in a department program or a program
12 operated by a provider under a contract.
13 2. An employee who engages in sexual misconduct with a
14 juvenile offender detained or supervised by, or committed to
15 the custody of, the department commits a felony of the second
16 degree, punishable as provided in s. 775.082, s. 775.083, or
17 s. 775.084. An employee may be found guilty of violating this
18 subsection without having committed the crime of sexual
19 battery.
20 3. The consent of the juvenile offender to any act of
21 sexual misconduct is not a defense to prosecution under this
22 subsection.
23 4. This subsection does not apply to an employee of
24 the department, or an employee of a provider under contract
25 with the department, who:
26 a. Is legally married to a juvenile offender who is
27 detained or supervised by, or committed to the custody of, the
28 department.
29 b. Has no reason to believe that the person with whom
30 the employee engaged in sexual misconduct is a juvenile
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1 offender detained or supervised by, or committed to the
2 custody of, the department.
3 (b) Notwithstanding prosecution, any violation of this
4 subsection, as determined by the Public Employees Relations
5 Commission, constitutes sufficient cause under s. 110.227 for
6 dismissal from employment with the department, and such person
7 may not again be employed in any capacity in connection with
8 the juvenile justice system.
9 (2) An employee of the department, or an employee of a
10 provider under contract with the department, who witnesses
11 sexual misconduct committed against a juvenile offender, or
12 who has reasonable cause to suspect that sexual misconduct has
13 been committed against a juvenile offender, shall immediately
14 report the incident to the department's incident hotline, and
15 prepare, date, and sign an independent report that
16 specifically describes the nature of the sexual misconduct,
17 the location and time of the incident, and the persons
18 involved. The employee shall deliver the report to the
19 supervisor or program director, who is responsible for
20 providing copies to the department's inspector general and the
21 district juvenile justice manager. The inspector general
22 shall immediately conduct an appropriate administrative
23 investigation, and, if there is probable cause to believe that
24 a violation of subsection (1) has occurred, the inspector
25 general shall notify the state attorney in the circuit in
26 which the incident occurred.
27 (3)(a) Any person who is required to prepare a report
28 under this section and who knowingly or willfully fails to do
29 so, or who knowingly or willfully prevents another person from
30 doing so, commits a misdemeanor of the first degree,
31 punishable as provided in s. 775.082 or s. 775.083.
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1 (b) Any person who knowingly or willfully submits
2 inaccurate, incomplete, or untruthful information with respect
3 to a report required under this section commits a misdemeanor
4 of the first degree, punishable as provided in s. 775.082 or
5 s. 775.083.
6 (c) Any person who knowingly or willfully coerces or
7 threatens any other person with the intent to alter testimony
8 or a written report regarding an incident of sexual misconduct
9 commits a felony of the third degree, punishable as provided
10 in s. 775.082, s. 775.083, or s. 775.084.
11 Section 3. Section 39.087, Florida Statutes, is
12 created to read:
13 39.087 Introduction, removal, or possession of certain
14 articles unlawful; penalty.--
15 (1)(a) Except as authorized through program policy or
16 operating procedure or as authorized by the facility
17 superintendent, program director, or manager, a person may not
18 introduce into or upon the grounds of a juvenile detention
19 facility or commitment program, or take or send, or attempt to
20 take or send, from a juvenile detention facility or commitment
21 program, any of the following articles, which are declared to
22 be contraband under this section:
23 1. Any unauthorized article of food or clothing.
24 2. Any intoxicating beverage or any beverage that
25 causes or may cause an intoxicating effect.
26 3. Any controlled substance, as defined in s.
27 893.02(4), or any prescription or nonprescription drug that
28 has a hypnotic, stimulating, or depressing effect.
29 4. Any firearm or weapon of any kind or any explosive
30 substance.
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1 (b) A person may not transmit contraband to, cause
2 contraband to be transmitted to or received by, attempt to
3 transmit contraband to, or attempt to cause contraband to be
4 transmitted to or received by, a juvenile offender into or
5 upon the grounds of a juvenile detention facility or
6 commitment program, except as authorized through program
7 policy or operating procedures or as authorized by the
8 facility superintendent, program director, or manager.
9 (c) A juvenile offender or any person, while upon the
10 grounds of a juvenile detention facility or commitment
11 program, may not be in actual or constructive possession of
12 any article or thing declared to be contraband under this
13 section, except as authorized through program policy or
14 operating procedures or as authorized by the facility
15 superintendent, program director, or manager.
16 (2) Any person who violates this section as it
17 pertains to an article of contraband described in subparagraph
18 (1)(a)1. commits a felony of the third degree, punishable as
19 provided in s. 775.082, s. 775.083, or s. 775.084. In all
20 other cases, a person who violates this section commits a
21 felony of the second degree, punishable as provided in s.
22 775.082, s. 775.083, or s. 775.084.
23 Section 4. This act shall take effect October 1, 1997.
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