Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 672
Barcode 913538
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/09/2013 .
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The Committee on Judiciary (Latvala) recommended the following:
1 Senate Substitute for Amendment (661546) (with title
2 amendment)
3
4 Between lines 161 and 162
5 insert:
6 Section 4. Section 985.702, Florida Statutes, is created to
7 read:
8 985.702 Malicious infliction of cruel or inhuman treatment
9 prohibited; reporting required; penalties.-
10 (1) As used in this section, the term:
11 (a) “Employee” means a paid staff member, volunteer, or
12 intern who works in a department program or a program operated
13 by a provider under a contract with the department.
14 (b) “Juvenile offender” means any person of any age who is
15 detained, or committed to the custody of, the department.
16 (c) “Neglect of a juvenile offender” means:
17 1. An employee’s failure or omission to provide a juvenile
18 offender with the proper level of care, supervision, and
19 services necessary to maintain the juvenile offender’s physical
20 and mental health, including, but not limited to, adequate food,
21 nutrition, clothing, shelter, supervision, medicine, and medical
22 services; or
23 2. An employee’s failure to make a reasonable effort to
24 protect a juvenile offender from abuse, neglect, or exploitation
25 by another person.
26 (2)(a) Any employee who, with malicious intent, inflicts
27 cruel or inhuman treatment by neglect or otherwise, without
28 causing great bodily harm, permanent disability, or permanent
29 disfigurement to a juvenile offender, commits a misdemeanor of
30 the first degree, punishable as provided in s. 775.082 or s.
31 775.083.
32 (b) Any employee who, with malicious intent, inflicts cruel
33 or inhuman treatment by neglect or otherwise, and in so doing
34 causes great bodily harm, permanent disability, or permanent
35 disfigurement to a juvenile offender, commits a felony of the
36 second degree, punishable as provided in s. 775.082, s. 775.083,
37 or s. 775.084.
38 (c) Notwithstanding prosecution, any violation of paragraph
39 (a) or paragraph (b), as determined by the Public Employees
40 Relations Commission, constitutes sufficient cause under s.
41 110.227 for dismissal from employment with the department, and
42 such person may not again be employed in any capacity in
43 connection with the juvenile justice system.
44 (3) An employee who witnesses the infliction of cruel or
45 inhuman treatment committed against a juvenile offender shall
46 immediately report the incident to the department’s incident
47 hotline and prepare, date, and sign an independent report that
48 specifically describes the nature of the incident, the location
49 and time of the incident, and the persons involved. The employee
50 shall deliver the report to the employee’s supervisor or program
51 director, who must provide copies to the department’s inspector
52 general and the circuit juvenile justice manager. The inspector
53 general shall immediately conduct an appropriate administrative
54 investigation, and, if there is probable cause to believe that a
55 violation of subsection (2) has occurred, the inspector general
56 shall notify the state attorney in the circuit in which the
57 incident occurred.
58 (4)(a) Any person who is required to prepare a report under
59 this section who knowingly or willfully fails to do so, or who
60 knowingly or willfully prevents another person from doing so,
61 commits a misdemeanor of the first degree, punishable as
62 provided in s. 775.082 or s. 775.083.
63 (b) Any person who knowingly or willfully submits
64 inaccurate, incomplete, or untruthful information with respect
65 to a report required under this section commits a misdemeanor of
66 the first degree, punishable as provided in s. 775.082 or s.
67 775.083.
68 (c) Any person who knowingly or willfully coerces or
69 threatens any other person with the intent to alter testimony or
70 a written report regarding an incident of the infliction of
71 cruel or inhuman treatment commits a felony of the third degree,
72 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
73 Section 5. Paragraph (a) of subsection (1) of section
74 985.701, Florida Statutes, is amended to read:
75 985.701 Sexual misconduct prohibited; reporting required;
76 penalties.—
77 (1)(a)1. As used in this subsection, the term:
78 a. “Sexual misconduct” means fondling the genital area,
79 groin, inner thighs, buttocks, or breasts of a person; the oral,
80 anal, or vaginal penetration by or union with the sexual organ
81 of another; or the anal or vaginal penetration of another by any
82 other object. The term does not include an act done for a bona
83 fide medical purpose or an internal search conducted in the
84 lawful performance of duty by an employee of the department or
85 an employee of a provider under contract with the department.
86 b. “Employee” includes paid staff members, volunteers, and
87 interns who work in a department program or a program operated
88 by a provider under a contract.
89 c. “Juvenile offender” means a person of any age who is
90 detained or supervised by, or committed to the custody of, the
91 department.
92 2. An employee who engages in sexual misconduct with a
93 juvenile offender detained or supervised by, or committed to the
94 custody of, the department commits a felony of the second
95 degree, punishable as provided in s. 775.082, s. 775.083, or s.
96 775.084. An employee may be found guilty of violating this
97 subsection without having committed the crime of sexual battery.
98 3. The consent of the juvenile offender to any act of
99 sexual misconduct is not a defense to prosecution under this
100 subsection.
101 4. This subsection does not apply to an employee of the
102 department, or an employee of a provider under contract with the
103 department, who:
104 a. Is legally married to a juvenile offender who is
105 detained or supervised by, or committed to the custody of, the
106 department.
107 b. Has no reason to believe that the person with whom the
108 employee engaged in sexual misconduct is a juvenile offender
109 detained or supervised by, or committed to the custody of, the
110 department.
111
112 ================= T I T L E A M E N D M E N T ================
113 And the title is amended as follows:
114 Delete line 12
115 and insert:
116 creating s. 985.702, F.S.; providing definitions;
117 providing for the imposition of criminal penalties
118 against specified employees who inflict cruel or
119 inhuman treatment upon juvenile offenders; providing
120 enhanced penalties for such treatment that results in
121 great bodily harm, permanent disability, or permanent
122 disfigurement to a juvenile offender; specifying that
123 such conduct constitutes sufficient cause for an
124 employee’s dismissal from employment; prohibiting such
125 employee from future employment with the juvenile
126 justice system; providing incident reporting
127 requirements; prohibiting an employee who witnesses
128 such an incident from knowingly or willfully failing
129 to report; prohibiting false reporting, preventing
130 another from reporting, or coercing another to alter
131 testimony or reports; providing penalties; amending s.
132 985.701, F.S.; defining the term “juvenile offender”
133 for purposes of prohibiting sexual misconduct with
134 juvenile offenders; providing an effective date.