Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. CS for SB 672 Barcode 913538 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/09/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.