Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (570270) for SB 7020
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/18/2015           .                                

       The Committee on Appropriations (Negron) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 748 - 833
    4  and insert:
    5         (b)1. As used in this paragraph, the term “sexual
    6  misconduct” means the oral, anal, or vaginal penetration by, or
    7  union with, the sexual organ of another or the anal or vaginal
    8  penetration of another by any other object, but does not include
    9  an act done for a bona fide medical purpose or an internal
   10  search conducted in the lawful performance of the employee’s
   11  duty.
   12         2. Any employee of the department or a private correctional
   13  facility as defined in s. 944.710 who engages in sexual
   14  misconduct with an inmate or an offender supervised by the
   15  department in the community, without committing the crime of
   16  sexual battery, commits a felony of the third degree, punishable
   17  as provided in s. 775.082, s. 775.083, or s. 775.084.
   18         3. The consent of the inmate or offender supervised by the
   19  department in the community to any act of sexual misconduct may
   20  not be raised as a defense to a prosecution under this
   21  paragraph.
   22         4. This paragraph does not apply to any employee of the
   23  department or any employee of a private correctional facility
   24  who is legally married to an inmate or an offender supervised by
   25  the department in the community, nor does it apply to any
   26  employee who has no knowledge, and would have no reason to
   27  believe, that the person with whom the employee has engaged in
   28  sexual misconduct is an inmate or an offender under community
   29  supervision of the department.
   30         (c) Notwithstanding prosecution, any violation of the
   31  provisions of this subsection, as determined by the Public
   32  Employees Relations Commission, shall constitute sufficient
   33  cause under s. 110.227 for dismissal from employment with the
   34  department, and such person shall not again be employed in any
   35  capacity in connection with the correctional system.
   36         (d) Each employee who witnesses, or has reasonable cause to
   37  suspect, that an inmate or an offender under the supervision of
   38  the department in the community has been unlawfully abused or is
   39  the subject of sexual misconduct pursuant to this subsection
   40  shall immediately prepare, date, and sign an independent report
   41  specifically describing the nature of the force used or the
   42  nature of the sexual misconduct, the location and time of the
   43  incident, and the persons involved. The report shall be
   44  delivered to the inspector general of the department with a copy
   45  to be delivered to the warden of the institution or the regional
   46  administrator. The inspector general shall immediately conduct
   47  an appropriate investigation, and, if probable cause is
   48  determined that a violation of this subsection has occurred, the
   49  respective state attorney in the circuit in which the incident
   50  occurred shall be notified.
   51         (e) If an employee of the department, private provider, or
   52  private correctional facility who witnesses unlawful abuse or
   53  neglect or has reasonable cause to suspect that an inmate has
   54  been unlawfully abused or neglected fears retaliation by
   55  coworkers or supervisors if he or she submits a report as
   56  provided in paragraph (d), the employee may anonymously and
   57  confidentially report the inmate abuse or neglect directly to
   58  the department’s Office of Inspector General.
   60  ================= T I T L E  A M E N D M E N T ================
   61  And the title is amended as follows:
   62         Delete lines 71 - 75
   63  and insert:
   64         correctional facilities; providing for anonymous
   65         reporting of