Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for SB 7020
       
       
       
       
       
       
                                Ì488922;Î488922                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 5/RS/2R         .                                
             03/24/2015 11:57 AM       .                                
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       Senator Evers moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 756 - 841
    4  and insert:
    5         (b)1. An employee of the department, private provider, or
    6  private correctional facility who:
    7         a. Willfully or by culpable negligence withholds food,
    8  water, clothing, shelter, supervision, medicine, or medical
    9  services from an inmate that a prudent person would consider
   10  essential for the well-being of the inmate: and
   11         b. Causes the inmate to suffer great bodily harm, permanent
   12  disability, or permanent disfigurement by such action;
   13  
   14  commits a felony of the third degree, punishable as provided is
   15  s. 775.082, s. 775.083, or s. 775.084.
   16         2. This section does not preclude prosecution for a
   17  criminal act under any other law.
   18         (c) Any employee of the department, private provider, or
   19  private correctional facility who:
   20         1. Knowingly and willfully fails to report the withholding
   21  of food, water, clothing, shelter, supervision, medicine, or
   22  medical services from an inmate that a prudent person would
   23  consider essential for the well-being of the inmate; and
   24         2. The withholding causes the inmate to suffer great bodily
   25  harm, permanent disability, or permanent disfigurement by such
   26  action;
   27  
   28  commits a misdemeanor of the second degree, punishable as
   29  provided in s. 775.082 or s. 775.083.
   30         (d)(b)1. As used in this paragraph, the term “sexual
   31  misconduct” means the oral, anal, or vaginal penetration by, or
   32  union with, the sexual organ of another or the anal or vaginal
   33  penetration of another by any other object, but does not include
   34  an act done for a bona fide medical purpose or an internal
   35  search conducted in the lawful performance of the employee’s
   36  duty.
   37         2. Any employee of the department or a private correctional
   38  facility as defined in s. 944.710 who engages in sexual
   39  misconduct with an inmate or an offender supervised by the
   40  department in the community, without committing the crime of
   41  sexual battery, commits a felony of the third degree, punishable
   42  as provided in s. 775.082, s. 775.083, or s. 775.084.
   43         3. The consent of the inmate or offender supervised by the
   44  department in the community to any act of sexual misconduct may
   45  not be raised as a defense to a prosecution under this
   46  paragraph.
   47         4. This paragraph does not apply to any employee of the
   48  department or any employee of a private correctional facility
   49  who is legally married to an inmate or an offender supervised by
   50  the department in the community, nor does it apply to any
   51  employee who has no knowledge, and would have no reason to
   52  believe, that the person with whom the employee has engaged in
   53  sexual misconduct is an inmate or an offender under community
   54  supervision of the department.
   55         (e)(c) Notwithstanding prosecution, any violation of the
   56  provisions of this subsection, as determined by the Public
   57  Employees Relations Commission, shall constitute sufficient
   58  cause under s. 110.227 for dismissal from employment with the
   59  department, and such person shall not again be employed in any
   60  capacity in connection with the correctional system.
   61         (f)(d) Each employee who witnesses, or has reasonable cause
   62  to suspect, that an inmate or an offender under the supervision
   63  of the department in the community has been unlawfully abused or
   64  is the subject of sexual misconduct pursuant to this subsection
   65  shall immediately prepare, date, and sign an independent report
   66  specifically describing the nature of the force used or the
   67  nature of the sexual misconduct, the location and time of the
   68  incident, and the persons involved. The report shall be
   69  delivered to the inspector general of the department with a copy
   70  to be delivered to the warden of the institution or the regional
   71  administrator. The inspector general shall immediately conduct
   72  an appropriate investigation, and, if probable cause is
   73  determined that a violation of this subsection has occurred, the
   74  respective state attorney in the circuit in which the incident
   75  occurred shall be notified.
   76         (g) If an employee of the department, private provider, or
   77  private correctional facility who witnesses unlawful abuse or
   78  neglect or has reasonable cause to suspect that an inmate has
   79  been unlawfully abused or neglected, as the term “neglected” is
   80  defined in paragraph (b), fears retaliation by coworkers or
   81  supervisors if he or she submits a report as provided in
   82  paragraph (e), the employee may anonymously and confidentially
   83  report the inmate abuse or neglect directly to the department’s
   84  Office of Inspector General.
   85  
   86  
   87  ================= T I T L E  A M E N D M E N T ================
   88  And the title is amended as follows:
   89         Delete lines 71 - 75
   90  and insert:
   91         correctional facilities; creating criminal penalties
   92         for employees who willfully or by culpable negligence
   93         withhold food and water and other essential services
   94         or fail to report the withholding of essential
   95         services; providing for anonymous reporting of