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.