HB 929 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0929-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to sexual misconduct in the 2
correctional system; amending s. 944.35, F.S.; 3
prohibiting sexual misconduct by any volunteer in, or 4
any employee of a contractor or subcontractor of, the 5
Department of Corrections; providing criminal 6
penalties; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. Paragraph (b) of subsection (3) of se ction 11
944.35, Florida Statutes, is amended to read: 12
944.35 Authorized use of force; malicious battery and 13
sexual misconduct prohibited; reporting required; penalties. — 14
(3) 15
(b)1. As used in this paragraph, the term: 16
a. "Female genitals" includes the labia minora, labia 17
majora, clitoris, vulva, hymen, and vagina. 18
b. "Sexual misconduct" means the oral, anal, or female 19
genital penetration by, or union with, the sexual organ of 20
another or the anal or female genital penetration of another by 21
any other object, but does not include an act done for a bona 22
fide medical purpose or an internal search conducted in the 23
lawful performance of the employee's duty. 24
2. Any employee of the department or a private 25
HB 929 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0929-00
Page 2 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
correctional facility as defined in s. 944.710 or any volunteer 26
in, or any employee of a contractor or subcontractor of, the 27
department who engages in sexual misconduct with an inmate or an 28
offender supervised by the department in the community, without 29
committing the crime of sexual battery, commits a felony of the 30
third degree, punishable as provided in s. 775.082, s. 775.083, 31
or s. 775.084. 32
3. The consent of the inmate or offender supervised by the 33
department in the community to any act of sexual misconduct may 34
not be raised as a defense to a prosecution under this 35
paragraph. 36
4. This paragraph does not apply to any employee of the 37
department or any employee of a private correctional facility 38
who is legally married to an inmate or an offender supervised by 39
the department in the community, nor does it appl y to any 40
employee who has no knowledge, and would have no reason to 41
believe, that the person with whom the employee has engaged in 42
sexual misconduct is an inmate or an offender under community 43
supervision of the department. 44
Section 2. This act shall ta ke effect July 1, 2023. 45