Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. CS for SB 672 Barcode 661546 LEGISLATIVE ACTION Senate . House Comm: RS . 04/09/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Latvala) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 161 and 162 4 insert: 5 Section 4. Section 985.702, Florida Statutes, is created to 6 read: 7 985.702 Malicious infliction of cruel or inhuman treatment 8 prohibited; reporting required; penalties.- 9 (1) As used in this section, the term: 10 (a) “Employee” means a paid staff member, volunteer, or 11 intern who works in a department program or a program operated 12 by a provider under a contract with the department. 13 (b) “Juvenile offender” means any person of any age who is 14 detained, or committed to the custody of, the department. 15 (c) “Neglect of a juvenile offender” means: 16 1. An employee’s failure or omission to provide a juvenile 17 offender with the proper level of care, supervision, and 18 services necessary to maintain the juvenile offender’s physical 19 and mental health, including, but not limited to, adequate food, 20 nutrition, clothing, shelter, supervision, medicine, and medical 21 services; or 22 2. An employee’s failure to make a reasonable effort to 23 protect a juvenile offender from abuse, neglect, or exploitation 24 by another person. 25 (2)(a) Any employee who, with malicious intent, inflicts 26 cruel or inhuman treatment by neglect or otherwise, without 27 causing great bodily harm, permanent disability, or permanent 28 disfigurement to a juvenile offender, commits a misdemeanor of 29 the first degree, punishable as provided in s. 775.082 or s. 30 775.083. 31 (b) Any employee who, with malicious intent, inflicts cruel 32 or inhuman treatment by neglect or otherwise, and in so doing 33 causes great bodily harm, permanent disability, or permanent 34 disfigurement to a juvenile offender, commits a felony of the 35 third degree, punishable as provided in s. 775.082, s. 775.083, 36 or s. 775.084. 37 (c) Notwithstanding prosecution, any violation of paragraph 38 (a) or paragraph (b), as determined by the Public Employees 39 Relations Commission, constitutes sufficient cause under s. 40 110.227 for dismissal from employment with the department, and 41 such person may not again be employed in any capacity in 42 connection with the juvenile justice system. 43 (3) An employee who witnesses the infliction of cruel or 44 inhuman treatment committed against a juvenile offender shall 45 immediately report the incident to the department’s incident 46 hotline and prepare, date, and sign an independent report that 47 specifically describes the nature of the incident, the location 48 and time of the incident, and the persons involved. The employee 49 shall deliver the report to the employee’s supervisor or program 50 director, who must provide copies to the department’s inspector 51 general and the circuit juvenile justice manager. The inspector 52 general shall immediately conduct an appropriate administrative 53 investigation, and, if there is probable cause to believe that a 54 violation of subsection (2) has occurred, the inspector general 55 shall notify the state attorney in the circuit in which the 56 incident occurred. 57 (4)(a) Any person who is required to prepare a report under 58 this section who knowingly or willfully fails to do so, or who 59 knowingly or willfully prevents another person from doing so, 60 commits a misdemeanor of the first degree, punishable as 61 provided in s. 775.082 or s. 775.083. 62 (b) Any person who knowingly or willfully submits 63 inaccurate, incomplete, or untruthful information with respect 64 to a report required under this section commits a misdemeanor of 65 the first degree, punishable as provided in s. 775.082 or s. 66 775.083. 67 (c) Any person who knowingly or willfully coerces or 68 threatens any other person with the intent to alter testimony or 69 a written report regarding an incident of the infliction of 70 cruel or inhuman treatment commits a felony of the third degree, 71 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 72 Section 5. Paragraph (a) of subsection (1) of section 73 985.701, Florida Statutes, is amended to read: 74 985.701 Sexual misconduct prohibited; reporting required; 75 penalties.— 76 (1)(a)1. As used in this subsection, the term: 77 a. “Sexual misconduct” means fondling the genital area, 78 groin, inner thighs, buttocks, or breasts of a person; the oral, 79 anal, or vaginal penetration by or union with the sexual organ 80 of another; or the anal or vaginal penetration of another by any 81 other object. The term does not include an act done for a bona 82 fide medical purpose or an internal search conducted in the 83 lawful performance of duty by an employee of the department or 84 an employee of a provider under contract with the department. 85 b. “Employee” includes paid staff members, volunteers, and 86 interns who work in a department program or a program operated 87 by a provider under a contract. 88 c. “Juvenile offender” means a person of any age who is 89 detained or supervised by, or committed to the custody of, the 90 department. 91 2. An employee who engages in sexual misconduct with a 92 juvenile offender detained or supervised by, or committed to the 93 custody of, the department commits a felony of the second 94 degree, punishable as provided in s. 775.082, s. 775.083, or s. 95 775.084. An employee may be found guilty of violating this 96 subsection without having committed the crime of sexual battery. 97 3. The consent of the juvenile offender to any act of 98 sexual misconduct is not a defense to prosecution under this 99 subsection. 100 4. This subsection does not apply to an employee of the 101 department, or an employee of a provider under contract with the 102 department, who: 103 a. Is legally married to a juvenile offender who is 104 detained or supervised by, or committed to the custody of, the 105 department. 106 b. Has no reason to believe that the person with whom the 107 employee engaged in sexual misconduct is a juvenile offender 108 detained or supervised by, or committed to the custody of, the 109 department. 110 111 ================= T I T L E A M E N D M E N T ================ 112 And the title is amended as follows: 113 Delete line 12 114 and insert: 115 creating s. 985.702, F.S.; providing definitions; 116 providing for the imposition of criminal penalties 117 against specified employees who inflict cruel or 118 inhuman treatment upon juvenile offenders; providing 119 enhanced penalties for such treatment that results in 120 great bodily harm, permanent disability, or permanent 121 disfigurement to a juvenile offender; specifying that 122 such conduct constitutes sufficient cause for an 123 employee’s dismissal from employment; prohibiting such 124 employee from future employment with the juvenile 125 justice system; providing incident reporting 126 requirements; prohibiting an employee who witnesses 127 such an incident from knowingly or willfully failing 128 to report; prohibiting false reporting, preventing 129 another from reporting, or coercing another to alter 130 testimony or reports; providing penalties; amending s. 131 985.701, F.S.; defining the term “juvenile offender” 132 for purposes of prohibiting sexual misconduct with 133 juvenile offenders; providing an effective date.