Florida Senate - 2013                              CS for SB 678
       
       
       
       By the Committee on Criminal Justice; and Senator Evers
       
       
       
       
       591-02198-13                                           2013678c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; creating s.
    3         985.702, F.S.; providing definitions; providing for
    4         the imposition of criminal penalties against specified
    5         employees who inflict cruel or inhuman treatment upon
    6         juvenile offenders; providing enhanced penalties for
    7         such treatment that results in great bodily harm,
    8         permanent disability, or permanent disfigurement to a
    9         juvenile offender; specifying that such conduct
   10         constitutes sufficient cause for an employee’s
   11         dismissal from employment; prohibiting such employee
   12         from future employment with the juvenile justice
   13         system; providing incident reporting requirements;
   14         prohibiting an employee who witnesses such an incident
   15         from knowingly or willfully failing to report;
   16         prohibiting false reporting, preventing another from
   17         reporting, or coercing another to alter testimony or
   18         reports; providing penalties; amending s. 985.701,
   19         F.S.; defining the term “juvenile offender” for
   20         purposes of prohibiting sexual misconduct with
   21         juvenile offenders; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 985.702, Florida Statutes, is created to
   26  read:
   27         985.702 Malicious infliction of cruel or inhuman treatment
   28  prohibited; reporting required; penalties.-
   29         (1) As used in this section, the term:
   30         (a) “Employee” means a paid staff member, volunteer, or
   31  intern who works in a department program or a program operated
   32  by a provider under a contract with the department.
   33         (b) “Juvenile offender” means any person of any age who is
   34  detained, or committed to the custody of, the department.
   35         (c) “Neglect of a juvenile offender” means:
   36         1. An employee’s failure or omission to provide a juvenile
   37  offender with the proper level of care, supervision, and
   38  services necessary to maintain the juvenile offender’s physical
   39  and mental health, including, but not limited to, adequate food,
   40  nutrition, clothing, shelter, supervision, medicine, and medical
   41  services; or
   42         2. An employee’s failure to make a reasonable effort to
   43  protect a juvenile offender from abuse, neglect, or exploitation
   44  by another person.
   45         (2)(a) Any employee who, with malicious intent, inflicts
   46  cruel or inhuman treatment by neglect or otherwise, without
   47  causing great bodily harm, permanent disability, or permanent
   48  disfigurement to a juvenile offender, commits a misdemeanor of
   49  the first degree, punishable as provided in s. 775.082 or s.
   50  775.083.
   51         (b) Any employee who, with malicious intent, inflicts cruel
   52  or inhuman treatment by neglect or otherwise, and in so doing
   53  causes great bodily harm, permanent disability, or permanent
   54  disfigurement to a juvenile offender, commits a felony of the
   55  third degree, punishable as provided in s. 775.082, s. 775.083,
   56  or s. 775.084.
   57         (c) Notwithstanding prosecution, any violation of paragraph
   58  (a) or paragraph (b), as determined by the Public Employees
   59  Relations Commission, constitutes sufficient cause under s.
   60  110.227 for dismissal from employment with the department, and
   61  such person may not again be employed in any capacity in
   62  connection with the juvenile justice system.
   63         (3) An employee who witnesses the infliction of cruel or
   64  inhuman treatment committed against a juvenile offender shall
   65  immediately report the incident to the department’s incident
   66  hotline and prepare, date, and sign an independent report that
   67  specifically describes the nature of the incident, the location
   68  and time of the incident, and the persons involved. The employee
   69  shall deliver the report to the employee’s supervisor or program
   70  director, who must provide copies to the department’s inspector
   71  general and the circuit juvenile justice manager. The inspector
   72  general shall immediately conduct an appropriate administrative
   73  investigation, and, if there is probable cause to believe that a
   74  violation of subsection (2) has occurred, the inspector general
   75  shall notify the state attorney in the circuit in which the
   76  incident occurred.
   77         (4)(a) Any person who is required to prepare a report under
   78  this section who knowingly or willfully fails to do so, or who
   79  knowingly or willfully prevents another person from doing so,
   80  commits a misdemeanor of the first degree, punishable as
   81  provided in s. 775.082 or s. 775.083.
   82         (b) Any person who knowingly or willfully submits
   83  inaccurate, incomplete, or untruthful information with respect
   84  to a report required under this section commits a misdemeanor of
   85  the first degree, punishable as provided in s. 775.082 or s.
   86  775.083.
   87         (c) Any person who knowingly or willfully coerces or
   88  threatens any other person with the intent to alter testimony or
   89  a written report regarding an incident of the infliction of
   90  cruel or inhuman treatment commits a felony of the third degree,
   91  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   92         Section 2. Paragraph (a) of subsection (1) of section
   93  985.701, Florida Statutes, is amended to read:
   94         985.701 Sexual misconduct prohibited; reporting required;
   95  penalties.—
   96         (1)(a)1. As used in this subsection, the term:
   97         a. “Sexual misconduct” means fondling the genital area,
   98  groin, inner thighs, buttocks, or breasts of a person; the oral,
   99  anal, or vaginal penetration by or union with the sexual organ
  100  of another; or the anal or vaginal penetration of another by any
  101  other object. The term does not include an act done for a bona
  102  fide medical purpose or an internal search conducted in the
  103  lawful performance of duty by an employee of the department or
  104  an employee of a provider under contract with the department.
  105         b. “Employee” includes paid staff members, volunteers, and
  106  interns who work in a department program or a program operated
  107  by a provider under a contract.
  108         c. “Juvenile offender” means a person of any age who is
  109  detained or supervised by, or committed to the custody of, the
  110  department.
  111         2. An employee who engages in sexual misconduct with a
  112  juvenile offender detained or supervised by, or committed to the
  113  custody of, the department commits a felony of the second
  114  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  115  775.084. An employee may be found guilty of violating this
  116  subsection without having committed the crime of sexual battery.
  117         3. The consent of the juvenile offender to any act of
  118  sexual misconduct is not a defense to prosecution under this
  119  subsection.
  120         4. This subsection does not apply to an employee of the
  121  department, or an employee of a provider under contract with the
  122  department, who:
  123         a. Is legally married to a juvenile offender who is
  124  detained or supervised by, or committed to the custody of, the
  125  department.
  126         b. Has no reason to believe that the person with whom the
  127  employee engaged in sexual misconduct is a juvenile offender
  128  detained or supervised by, or committed to the custody of, the
  129  department.
  130         Section 3. This act shall take effect upon becoming a law.