This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0929.CRJ
DATE: 3/10/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 929 Sexual Misconduct in the Correctional System
SPONSOR(S): Lopez, V.
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee Loyed Hall
2) Judiciary Committee
SUMMARY ANALYSIS
Section 944.35, F.S., prohibits any employee of the Department of Corrections (DOC) or a private correctional
facility from engaging in sexual misconduct, without committing sexual battery, with an inmate or an offender
supervised by DOC in the community. Under s. 944.35, F.S., sexual misconduct means the oral, anal, or
female genital penetration by, or union with, the sexual organ of another or the anal or female genital
penetration of another by any other object, but does not include an act done for a bona fide medical purpose or
an internal search conducted in the lawful performance of an employee’s duty. An employee may not raise the
consent of an inmate or a supervised offender as a defense. A violation of the prohibition is a third degree
felony.
The prohibition against sexual misconduct does not apply to:
Any employee of DOC or any employee of a private correctional facility who is legally married to an
inmate or a supervised offender; or
Any employee who has no knowledge, and would have no reason to believe, that the person with
whom the employee has engaged in sexual misconduct is an inmate or a supervised offender.
Current law does not prohibit all persons who may perform work or services within DOC or a private
correctional facility from engaging in sexual misconduct with an inmate or a supervised offender.
HB 929 amends s. 944.35, F.S., to prohibit any volunteer in, or employee of a contractor or subcontractor of,
DOC from engaging in sexual misconduct, without committing sexual battery, with an inmate or an offender
supervised by DOC in the community. Under the bill, a volunteer or employee of a contractor or subcontractor
of DOC commits a third degree felony if he or she engages in sexual misconduct with an inmate or a
supervised offender.
The bill may have a positive indeterminate jail and prison bed impact by expanding the prohibitions of the third
degree felony offense of sexual misconduct.
The bill provides an effective date of July 1, 2023.
STORAGE NAME: h0929.CRJ PAGE: 2
DATE: 3/10/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Department of Corrections (DOC) is responsible for all prisons and other state correctional
institutions or facilities under its jurisdiction.
1
Under s. 944.715, F.S., DOC may assign inmates to a
private correctional facility, however, inmates incarcerated in a private correctional facility are still
considered to be in the legal custody of DOC. A private correctional facility is any facility, which is not
operated by DOC, for the incarceration of adults or juveniles who have been sentenced by a court and
committed to the custody of DOC.
2
Section 948.01, F.S., requires DOC to provide immediate supervision to a defendant placed on
probation or into community control by a court for a felony. DOC is authorized to provide supervision to
misdemeanor offenders sentenced or placed on probation by a circuit court when such supervision is
ordered by the sentencing court.
Sexual Misconduct
Section 944.35, F.S., prohibits any employee of DOC or a private correctional facility from engaging in
sexual misconduct, without committing sexual battery, with an inmate or an offender supervised by
DOC in the community.
Under s. 944.35, F.S., sexual misconduct means the oral, anal, or female genital penetration by, or
union with, the sexual organ of another or the anal or female genital penetration of another by any other
object, but does not include an act done for a bona fide medical purpose or an internal search
conducted in the lawful performance of an employee’s duty.
An employee may not raise the consent of an inmate or a supervised offender as a defense. A violation
of the prohibition is a third degree felony.
3
The prohibition against sexual misconduct does not apply to:
Any employee of DOC or any employee of a private correctional facility who is legally married
to an inmate or a supervised offender; or
Any employee who has no knowledge, and would have no reason to believe, that the person
with whom the employee has engaged in sexual misconduct is an inmate or a supervised
offender.
4
Sexual Battery
Section 794.011, F.S., criminalizes sexual battery offenses. Sexual battery means oral, anal, or female
genital penetration by, or union with, the sexual organ of another or the anal or female genital
penetration of another by any other object. Sexual battery is generally a second degree felony, but the
penalty may differ based on the offender’s age, the victim’s age, and the presence of other specified
circumstances.
5
When the offender is a law enforcement officer, correctional officer, or correctional probation officer,
6
or
is an elected official exempt from such certification,
7
or any other person in a position of control or
1
S. 944.02(2), F.S.
2
S. 944.710, F.S.
3
A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. S. 775.082, s. 775.083, or s. 775.084, F.S.
4
S. 944.35(3)(b)4., F.S.
5
See 794.011, F.S.
6
As defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), F.S.
7
Under ss. 943.1395 or 943.253, F.S. STORAGE NAME: h0929.CRJ PAGE: 3
DATE: 3/10/2023
authority in a probation, community control, controlled release, detention, custodial, or similar setting,
and such officer, official, or person is acting in such a manner as to lead the victim to reasonably
believe that the offender is in a position of control or authority as an agent or employee of the
government,
8
the penalty for committing sexual battery increases to a first degree felony.
9
Volunteers
Section 944.705, F.S., authorizes a nonprofit faith-based or professional business, or a civic or
community organization, to apply for registration with DOC to provide inmate reentry services. Such
reentry services may include, but are not limited to:
Counseling;
Providing information on housing and job placement;
Money management assistance; and
Programs that address substance abuse, mental health, or co-occurring conditions.
DOC is required to adopt policies and procedures for screening, approving, and registering an
organization that applies to provide inmate reentry services. DOC is authorized to deny approval and
registration of an organization or representative from an organization it determines does not meet
DOC’s criteria. There are over 8,000 citizen volunteers working to deliver programs and provide
valuable services and skills to inmates, offenders, and staff in DOC’s 143 facilities statewide.
10
Current law does not prohibit all persons who may perform work or services within DOC or a private
correctional facility from engaging in sexual misconduct with an inmate or a supervised offender.
Effect of Proposed Changes
HB 929 amends s. 944.35, F.S., to prohibit any volunteer in, or employee of a contractor or
subcontractor of, DOC from engaging in sexual misconduct, without committing sexual battery, with an
inmate or an offender supervised by DOC in the community. Under the bill, a volunteer or employee of
a contractor or subcontractor of DOC commits a third degree felony if he or she engages in sexual
misconduct with an inmate or a supervised offender.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Amends s. 944.35, F.S., relating to sexual misconduct in the correctional system.
Section 2: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have a positive indeterminate prison bed impact by expanding the prohibitions of the
third degree felony of sexual misconduct.
8
S. 794.011(4)(e)7., F.S.
9
A first degree felony is punishable by up to 30 years in prison and a $10,000 fine. S. 775.082, s. 775.083, or s. 775.084, F.S.
10
Volunteers and Programs, Florida Department of Corrections, www.dc.state.fl.us/volunteer/volunteersandprograms.html (last visited
Mar. 10, 2023). STORAGE NAME: h0929.CRJ PAGE: 4
DATE: 3/10/2023
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have a positive indeterminate jail bed impact by expanding the prohibitions of the third
degree felony of sexual misconduct.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES