Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 7016
       
       
       
       
       
       
                                Ì3254924Î325492                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2023           .                                
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       The Appropriations Committee on Criminal and Civil Justice
       (Martin) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 36 - 58
    4  and insert:
    5         b. "Private correctional facility" has the same meaning as
    6  in s. 944.710.
    7         c.b. “Sexual misconduct” means the oral, anal, or female
    8  genital penetration by, or union with, the sexual organ of
    9  another or the anal or female genital penetration of another by
   10  any other object, but does not include an act done for a bona
   11  fide medical purpose or an internal search conducted in the
   12  lawful performance of the employee’s duty.
   13         d. "Volunteer" means a person registered with the
   14  department or a private correctional facility who is engaged in
   15  specific voluntary service activities on an ongoing or continual
   16  basis.
   17         2. Any employee of the department or a private correctional
   18  facility or any volunteer in, or any employee of a contractor or
   19  subcontractor of, the department or a private correctional
   20  facility as defined in s. 944.710 who engages in sexual
   21  misconduct with an inmate or an offender supervised by the
   22  department in the community, without committing the crime of
   23  sexual battery, commits a felony of the third degree, punishable
   24  as provided in s. 775.082, s. 775.083, or s. 775.084.
   25         3. The consent of the inmate or offender supervised by the
   26  department in the community to any act of sexual misconduct may
   27  not be raised as a defense to a prosecution under this
   28  paragraph.
   29         4. This paragraph does not apply to any employee,
   30  volunteer, or employee of a contractor or subcontractor of the
   31  department or any employee, volunteer, or employee of a
   32  contractor or subcontractor of a private correctional facility
   33  who is legally married to an inmate or an offender supervised by
   34  the department in the community, nor does it apply to any
   35  employee, volunteer, or employee of a contractor or
   36  subcontractor who has no knowledge, and would have no reason to
   37  believe, that the person with whom the employee, volunteer, or
   38  employee of a contractor or subcontractor has engaged in
   39  
   40  ================= T I T L E  A M E N D M E N T ================
   41  And the title is amended as follows:
   42         Delete line 7
   43  and insert:
   44         offenders; providing definitions; providing
   45         exceptions; providing for a type two transfer of