Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for SB 7020
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 6/AD/2R         .                                
             03/24/2015 11:57 AM       .                                

       Senator Evers moved the following:
    1         Senate Substitute for Amendment (488922) (with title
    2  amendment)
    4         Delete lines 756 - 841
    5  and insert:
    6         (b)1. An employee of the department, private provider, or
    7  private correctional facility who:
    8         a. Willfully or by culpable negligence withholds food,
    9  water, clothing, shelter, supervision, medicine, or medical
   10  services from an inmate that a prudent person would consider
   11  essential for the well-being of the inmate; and
   12         b. Causes the inmate to suffer great bodily harm, permanent
   13  disability, or permanent disfigurement by such action;
   15  commits a felony of the third degree, punishable as provided in
   16  s. 775.082, s. 775.083, or s. 775.084.
   17         2. This section does not preclude prosecution for a
   18  criminal act under any other law.
   19         (c)(b)1. As used in this paragraph, the term “sexual
   20  misconduct” means the oral, anal, or vaginal penetration by, or
   21  union with, the sexual organ of another or the anal or vaginal
   22  penetration of another by any other object, but does not include
   23  an act done for a bona fide medical purpose or an internal
   24  search conducted in the lawful performance of the employee’s
   25  duty.
   26         2. Any employee of the department or a private correctional
   27  facility as defined in s. 944.710 who engages in sexual
   28  misconduct with an inmate or an offender supervised by the
   29  department in the community, without committing the crime of
   30  sexual battery, commits a felony of the third degree, punishable
   31  as provided in s. 775.082, s. 775.083, or s. 775.084.
   32         3. The consent of the inmate or offender supervised by the
   33  department in the community to any act of sexual misconduct may
   34  not be raised as a defense to a prosecution under this
   35  paragraph.
   36         4. This paragraph does not apply to any employee of the
   37  department or any employee of a private correctional facility
   38  who is legally married to an inmate or an offender supervised by
   39  the department in the community, nor does it apply to any
   40  employee who has no knowledge, and would have no reason to
   41  believe, that the person with whom the employee has engaged in
   42  sexual misconduct is an inmate or an offender under community
   43  supervision of the department.
   44         (d)(c) Notwithstanding prosecution, any violation of the
   45  provisions of this subsection, as determined by the Public
   46  Employees Relations Commission, shall constitute sufficient
   47  cause under s. 110.227 for dismissal from employment with the
   48  department, and such person shall not again be employed in any
   49  capacity in connection with the correctional system.
   50         (e)(d) Each employee who witnesses, or has reasonable cause
   51  to suspect, that an inmate or an offender under the supervision
   52  of the department in the community has been unlawfully abused or
   53  is the subject of sexual misconduct pursuant to this subsection
   54  shall immediately prepare, date, and sign an independent report
   55  specifically describing the nature of the force used or the
   56  nature of the sexual misconduct, the location and time of the
   57  incident, and the persons involved. The report shall be
   58  delivered to the inspector general of the department with a copy
   59  to be delivered to the warden of the institution or the regional
   60  administrator. The inspector general shall immediately conduct
   61  an appropriate investigation, and, if probable cause is
   62  determined that a violation of this subsection has occurred, the
   63  respective state attorney in the circuit in which the incident
   64  occurred shall be notified.
   65         (f) If an employee of the department, private provider, or
   66  private correctional facility who witnesses unlawful abuse or
   67  neglect or has reasonable cause to suspect that an inmate has
   68  been unlawfully abused or neglected, as prohibited by this
   69  section, fears retaliation by coworkers or supervisors if he or
   70  she submits a report as provided in this section, the employee
   71  may anonymously and confidentially report the inmate abuse or
   72  neglect directly to the department’s Office of Inspector
   73  General.
   75  ================= T I T L E  A M E N D M E N T ================
   76  And the title is amended as follows:
   77         Delete lines 71 - 75
   78  and insert:
   79         correctional facilities; creating criminal penalties
   80         for employees who willfully or by culpable negligence
   81         withhold food and water and other essential services;
   82         providing for anonymous reporting of