Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. PCS (570270) for SB 7020 Ì206902ÄÎ206902 LEGISLATIVE ACTION Senate . House Comm: WD . 03/18/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Negron) recommended the following: 1 Senate Amendment (with title amendment) 2 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. 59 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