Title: Juvenile Justice

Summary: Provides criminal penalties for specified employees who inflict cruel or inhuman treatment upon juvenile offenders; provides enhanced penalties for such treatment that results in great bodily harm, permanent disability, or permanent disfigurement; specifies that such conduct constitutes sufficient cause for employee's dismissal & prohibits such employee from future employment with juvenile justice system; provides incident reporting requirements; prohibits employee who witnesses such an incident from knowingly or willfully failing to report; prohibits false reporting, preventing another from reporting, or coercing another to alter testimony or reports; defines "juvenile offender" for purposes of prohibiting sexual misconduct with juvenile offenders.

Full Text:
An act relating to juvenile justice; creating s. 985.702, F.S.; providing definitions; providing for the imposition of criminal penalties against specified employees who inflict cruel or inhuman treatment upon juvenile offenders; providing enhanced penalti es for such treatment that results in great bodily harm, permanent disability, or permanent disfigurement to a juvenile offender; specifying that such conduct constitutes sufficient cause for an employee's dismissal from employment; prohibiting such employ ee from future employment with the juvenile justice system; providing incident reporting requirements; prohibiting an employee who witnesses such an incident from knowingly or willfully failing to report; prohibiting false reporting, preventing another fro mreporting, or coercing another to alter testimony or reports; providing penalties; amending s. 985.701, F.S.; defining the term "juvenile offender" for purposes of prohibiting sexual misconduct with juvenile offenders; repealing s. 945.75, F.S.; deleting a requirement that the Department of Corrections and counties develop programs under which a judge may order juveniles who have committed delinquent acts to tour correctional facilities; repealing s. 985.105, F.S., relating to the creation, duties, and qu alifications of the youth custody officer position within the Department of Juvenile CS/HB 353, Engrossed 2013 Justice; amending s. 121.0515, F.S.; conforming provisions to changes made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 985.702, Florida Statutes, is created to read: 985.702 Malicious infliction of cruel or inhuman treatment prohibited; reporting required; penalties. (1) As used in this section, the term: (a) "Employee" means a paid st aff member, volunteer, or intern who works in a department program or a program operated by a provider under a contract with the department. (b) "Juvenile offender" means any person of any age who is detained, or committed to the custody of, the departme nt. (c) "Neglect of a juvenile offender" means: 1. An employee's failure or omission to provide a juvenile offender with the proper level of care, supervision, and services necessary to maintain the juvenile offender's physical and mental health, inclu ding, but not limited to, adequate food, nutrition, clothing, shelter, supervision, medicine, and medical services; or 2. An employee's failure to make a reasonable effort to protect a juvenile offender from abuse, neglect, or exploitation by another per son. (2)(a) Any employee who, with malicious intent, inflicts cruel or inhuman treatment by neglect or otherwise, without CS/HB 353, Engrossed 2013 causing great bodily harm, permanent disability, or permanent disfigurement to a juvenile offender, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Any employee who, with malicious intent, inflicts cruel or inhuman treatment by neglect or otherwise, and in so doing causes great bodily harm, permanent disability, or permanent disfigur ement to a juvenile offender, commits a felony of the second degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084. (c) Notwithstanding prosecution, any violation of paragraph (a) or paragraph (b), as determined by the Public Employees Relations Commission, constitutes sufficient cause under s. 110.227 for dismissal from employment with the department, and such person may not again be employed in any capacity in connection with the juvenile justice system. (3) An employee who witnesses the infliction of cruel or inhuman treatment committed against a juvenile offender shall immediately report the incident to the department's incident hotline and prepare, date, and sign an independent report that specifically describes the nature of the in cident, the location and time of the incident, and the persons involved. The employee shall deliver the report to the employee's supervisor or program director, who must provide copies to the department's inspector general and the circuit juvenile justice manager. The inspector general shall immediately conduct an appropriate administrative investigation, and, if there is probable cause to believe that a violation of subsection (2) has occurred, the inspector general CS/HB 353, Engrossed 2013 shall notify the state attorney in the circuit in which the incident occurred. (4)(a) Any person who is required to prepare a report under this section who knowingly or willfully fails to do so, or who knowingly or willfully prevents another person from doing so, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Any person who knowingly or willfully submits inaccurate, incomplete, or untruthful information with respect to a report required under this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) Any person who knowingly or willfully coerces or threatens any other person with the intent to alter testimony or a written report regarding an incident of the infliction of cruel or inhuman treatment commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Section 2. Paragraph (a) of subsection (1) of section 985.701, Florida Statutes, is amended to read: 985.701 Sexual misconduct prohibited; reporting required; penalties.-(1)(a)1. As used in this subsection, the term: a. "Sexual misconduct" means fondling the genital area, groin, inner thighs, buttocks, or breasts of a person; the oral, anal, or vaginal penetration by or union with the sexual organ of another; or the anal or vaginal penetration of another by any other object. The term does not include an act done for a bona fide medical purpose or an internal search conducted in the CS/HB 353, Engrossed 2013 lawful performance of duty by an employee of the department or an employee of a provider under contract with the department. b. "Employee" includes paid staff members, volunteers, and interns who work in a department program or a program operated by a provider under a contract. c. "Juvenile offen der" means a person of any age who is detained or supervised by, or committed to the custody of, the department. 2. An employee who engages in sexual misconduct with a juvenile offender detained or supervised by, or committed to the custody of, the depar tment commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. An employee may be found guilty of violating this subsection without having committed the crime of sexual battery. 3. The consent of the juvenil eoffender to any act of sexual misconduct is not a defense to prosecution under this subsection. 4. This subsection does not apply to an employee of the department, or an employee of a provider under contract with the department, who: a. Is legally ma rried to a juvenile offender who is detained or supervised by, or committed to the custody of, the department. b. Has no reason to believe that the person with whom the employee engaged in sexual misconduct is a juvenile offender detained or supervised by, or committed to the custody of, the department. Section 3. Section 945.75, Florida Statutes, is repealed. CS/HB 353, Engrossed 2013 Section 4. Section 985.105, Florida Statutes, is repealed. Section 5. Paragraphs (h) through (k) of subsection (3) of section 121.0515, Florida Statutes, are redesignated as paragraphs (g) through (j) of that subsection, respectively, and paragraphs (e) through (i) of subsection (2), present paragraphs (g) and (k) of subsection (3), paragraph (b) of subsection (5), paragraph (d) of subsec tion (8), and paragraph (c) of subsection (10) of that section are amended to read: 121.0515 Special Risk Class.-(2) MEMBERSHIP.-(e) Effective July 1, 2001, "special risk member" includes any member who is employed as a youth custody officer by the Department of Juvenile Justice and meets the special criteria set forth in paragraph (3)(g). (e)(f) Effective October 1, 2005, through June 30, 2008, the member must be employed by a law enforcement agency or medical examiner's office in a forensic disc ipline and meet the special criteria set forth in paragraph (3)(g) (3)(h). (f)(g) Effective July 1, 2008, the member must be employed by the Department of Law Enforcement in the crime laboratory or by the Division of State Fire Marshal in the forensic la boratory and meet the special criteria set forth in paragraph (3)(h) (3)(i). (g)(h) Effective July 1, 2008, the member must be employed by a local government law enforcement agency or medical examiner's office and meet the special criteria set forth in paragraph (3)(i) (3)(j). (h)(i) Effective August 1, 2008, "special risk member" CS/HB 353, Engrossed 2013 includes any member who meets the special criteria for continued membership set forth in paragraph (3)(j) (3)(k). (3) CRITERIA.-A member, to be designated as a special risk member, must meet the following criteria: (g) Effective July 1, 2001, the member must be employed as a youth custody officer and be certified, or required to be certified, in compliance with s. 943.1395. In addition, the member's primary duties and respo nsibilities must be the supervised custody, surveillance, control, investigation, apprehension, arrest, and counseling of assigned juveniles within the community; (j)(k) The member must have already qualified for and be actively participating in special risk membership under paragraph (a), paragraph (b), or paragraph (c), must have suffered a qualifying injury as defined in this paragraph, must not be receiving disability retirement benefits as provided in s. 121.091(4), and must satisfy the requirements of this paragraph. 1. The ability to qualify for the class of membership defined in paragraph (2)(h) (2)(i) occurs when two licensed medical physicians, one of whom is a primary treating physician of the member, certify the existence of the physical inju ry and medical condition that constitute a qualifying injury as defined in this paragraph and that the member has reached maximum medical improvement after August 1, 2008. The certifications from the licensed medical physicians must include, at a minimum, that the injury to the special risk member has resulted in a physical loss, or loss of use, of at least two of the following: CS/HB 353, Engrossed 2013 left arm, right arm, left leg, or right leg; and: a. That this physical loss or loss of use is total and permanent, except in th eevent that the loss of use is due to a physical injury to the member's brain, in which event the loss of use is permanent with at least percent loss of motor function with respect to each arm or leg affected. b. That this physical loss or loss of us erenders the member physically unable to perform the essential job functions of his or her special risk position. c. That, notwithstanding this physical loss or loss of use, the individual is able to perform the essential job functions required by the member's new position, as provided in subparagraph 3. d. That use of artificial limbs is either not possible or does not alter the member's ability to perform the essential job functions of the member's position. e. That the physical loss or loss of use is a direct result of a physical injury and not a result of any mental, psychological, or emotional injury. 2. For the purposes of this paragraph, "qualifying injury" means an injury sustained in the line of duty, as certified by the member's employing agency, by a special risk member that does not result in total and permanent disability as defined in s. 121.091(4)(b). An injury is a qualifying injury if the injury is a physical injury to the member's physical body resulting in a physical loss, or loss of use, of at least two of the following: left arm, right arm, left leg, or right leg. Notwithstanding any other provision of this section, an injury CS/HB 353, Engrossed 2013 that would otherwise qualify as a qualifying injury is not considered a qualifying injury if and when the member ceases employment with the employer for whom he or she was providing special risk services on the date the injury occurred. 3. The new position, as described in sub-subparagraph 1.c., that is required for qualification as a special risk member und er this paragraph is not required to be a position with essential job functions that entitle an individual to special risk membership. Whether a new position as described in sub-subparagraph 1.c. exists and is available to the special risk member is a deci sion to be made solely by the employer in accordance with its hiring practices and applicable law. 4. This paragraph does not grant or create additional rights for any individual to continued employment or to be hired or rehired by his or her employer th at are not already provided within the Florida Statutes, the State Constitution, the Americans with Disabilities Act, if applicable, or any other applicable state or federal law. (5) REMOVAL OF SPECIAL RISK CLASS MEMBERSHIP.-(b) Any member who is a sp ecial risk member on July 1, 2008, and who became eligible to participate under paragraph (3)(g) (3)(h) but fails to meet the criteria for Special Risk Class membership established by paragraph (3)(h) (3)(i) or paragraph (3)(i) (3)(j) shall have his or her special risk designation removed and thereafter shall be a Regular Class member and earn only Regular Class membership credit. The department may review the special risk designation of members to determine whether or not those members continue to meet the CS/HB 353, Engrossed 2013 criteria for Special Risk Class membership. (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.-(d) Notwithstanding any other provision of this subsection, this subsection does not apply to any special risk member who qualifies for continued membership pu rsuant to paragraph (3)(j) (3)(k). (10) CREDIT FOR UPGRADED SERVICE.-(c) Any member of the Special Risk Class who has earned creditable service through June 30, 2008, in another membership class of the Florida Retirement System in a position with the Department of Law Enforcement or the Division of State Fire Marshal and became covered by the Special Risk Class as described in paragraph (3)(h) (3)(i), or with a local government law enforcement agency or medical examiner's office and became covered by the Special Risk Class as described in paragraph (3)(i) (3)(j), which service is within the purview of the Special Risk Class, and is employed in such position on or after July 1, 2008, may purchase additional retirement credit to upgrade such service to Sp ecial Risk Class service, to the extent of the percentages of the member's average final compensation provided in s. 121.091(1)(a)2. The cost for such credit must be an amount representing the actuarial accrued liability for the difference in accrual value during the affected period of service. The cost shall be calculated using the discount rate and other relevant actuarial assumptions that were used to value the Florida Retirement System Pension Plan liabilities in the most recent actuarial valuation. The division shall ensure that the transfer sum is prepared using a formula CS/HB 353, Engrossed 2013 and methodology certified by an enrolled actuary. The cost must be paid immediately upon notification by the division. The local government employer may purchase the upgraded service credit on behalf of the member if the member has been employed by that employer for at least years. Section 6. This act shall take effect upon becoming a law.