CS/HB 929 2023
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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
providing definitions; prohibiting sexual misconduct 4
by any volunteer in, or any employee of a contractor 5
or subcontractor of, the Department of Corrections or 6
a private correctional facility; providing criminal 7
penalties; providing applicability; providing an 8
effective date. 9
10
Be It Enacted by the Legislature of the Stat e of Florida: 11
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Section 1. Paragraph (b) of subsection (3) of section 13
944.35, Florida Statutes, is amended to read: 14
944.35 Authorized use of force; malicious battery and 15
sexual misconduct prohibited; reporting required; penalties. — 16
(3) 17
(b)1. As used in this paragraph, the term: 18
a. "Female genitals" includes the labia minora, labia 19
majora, clitoris, vulva, hymen, and vagina. 20
b. "Private correctional facility" has the same meaning as 21
in s. 944.710. 22
c.b. "Sexual misconduct" means the oral, anal, or female 23
genital penetration by, or union with, the sexual organ of 24
another or the anal or female genital penetration of another by 25
CS/HB 929 2023
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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
any other object, but does not include an act done for a bona 26
fide medical purpose or an internal search conducted in the 27
lawful performance of the employee's duty. 28
d. "Volunteer" means a person registered with the 29
department or a private correctional facility who is engaged in 30
specific voluntary service activities on an ongoing or continual 31
basis. 32
2. Any employee of the d epartment or a private 33
correctional facility or any volunteer in, or any employee of a 34
contractor or subcontractor of, the department or a private 35
correctional facility as defined in s. 944.710 who engages in 36
sexual misconduct with an inmate or an offender supervised by 37
the department in the community, without committing the crime of 38
sexual battery, commits a felony of the third degree, punishable 39
as provided in s. 775.082, s. 775.083, or s. 775.084. 40
3. The consent of the inmate or offender supervised by the 41
department in the community to any act of sexual misconduct may 42
not be raised as a defense to a prosecution under this 43
paragraph. 44
4. This paragraph does not apply to any employee , 45
volunteer, or employee of a contractor or subcontractor of the 46
department or any employee, volunteer, or employee of a 47
contractor or subcontractor of a private correctional facility 48
who is legally married to an inmate or an offender supervised by 49
the department in the community, nor does it apply to any 50
CS/HB 929 2023
CODING: Words stricken are deletions; words underlined are additions.
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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
employee, volunteer, or employee of a contractor or 51
subcontractor who has no knowledge, and would have no reason to 52
believe, that the person with whom the employee , volunteer, or 53
employee of a contractor or subcontractor has engaged in sexual 54
misconduct is an inmate or an offe nder under community 55
supervision of the department. 56
Section 2. This act shall take effect July 1, 2023. 57