CODING: Words stricken are deletions; words underlined are additions.House Bill 1165e1
HB 1165, First Engrossed
1 A bill to be entitled
2 An act relating to battery of facility
3 employee; creating s. 784.078, F.S.; defining
4 "facility"; defining "employee"; defining the
5 offense of battery of facility employee by
6 throwing, tossing, or expelling certain fluids
7 or materials on an employee of a correctional
8 facility of the state or local government or a
9 secure facility operated and maintained by the
10 Department of Corrections or the Department of
11 Juvenile Justice or other facility employee, so
12 as to cause or attempt to cause such employee
13 to come into contact with the fluid or
14 material; providing penalties; providing for
15 placement of an offender on a management meal
16 program under specified circumstances;
17 providing an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 784.078, Florida Statutes, is
22 created to read:
23 784.078 Battery of facility employee by throwing,
24 tossing, or expelling certain fluids or materials.--
25 (1) As used in this section, the term "facility" means
26 a state correctional institution defined in s. 944.02(6); a
27 private correctional facility defined in s. 944.710 or under
28 chapter 957; a county, municipal, or regional jail or other
29 detention facility of local government under chapter 950 or
30 chapter 951; or a secure facility operated and maintained by
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HB 1165, First Engrossed
1 the Department of Corrections or the Department of Juvenile
2 Justice.
3 (2)(a) As used in this section, the term "employee"
4 means any person employed by or performing contractual
5 services for a public or private entity operating a facility.
6 (b) "Employee" includes any person who is a parole
7 examiner with the Florida Parole Commission.
8 (3)(a) It is unlawful for any person, while being
9 detained in a facility and with intent to harass, annoy,
10 threaten, or alarm a person in a facility whom he or she knows
11 or reasonably should know to be an employee of such facility,
12 to cause or attempt to cause such employee to come into
13 contact with blood, masticated food, regurgitated food,
14 saliva, seminal fluid, or urine or feces, whether by throwing,
15 tossing, or expelling such fluid or material.
16 (b)1. Any person who violates paragraph (a) commits
17 battery of a facility employee, a felony of the third degree,
18 punishable as provided in s. 775.082, s. 775.083, or s.
19 775.084.
20 2. In addition to the penalties imposed under
21 subparagraph 1., the administration of a facility may place a
22 violator of paragraph (a) who is a prisoner as defined in s.
23 944.02 on a management meal program as specified by rules and
24 regulations applicable to the facility.
25 Section 2. Paragraph (d) of subsection (3) of
26 section 921.0012, Florida Statutes, is amended to read:
27 921.0012 Sentencing guidelines offense levels; offense
28 severity ranking chart.--
29 (3) OFFENSE SEVERITY RANKING CHART
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HB 1165, First Engrossed
1 Florida Felony
2 Statute Degree Description
3
4
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6 (d) LEVEL 4
7 316.1935(2) 3rd Fleeing or attempting to elude
8 law enforcement officer resulting
9 in high-speed pursuit.
10 784.07(2)(b) 3rd Battery of law enforcement
11 officer, firefighter, intake
12 officer, etc.
13 784.075 3rd Battery on detention or
14 commitment facility staff.
15 784.078 3rd Battery of facility employee by
16 throwing, tossing, or expelling
17 certain fluids or materials.
18 784.08(2)(c) 3rd Battery on a person 65 years of
19 age or older.
20 784.081(3) 3rd Battery on specified official or
21 employee.
22 784.082(3) 3rd Battery by detained person on
23 visitor or other detainee.
24 787.03(1) 3rd Interference with custody;
25 wrongly takes child from
26 appointed guardian.
27 787.04(2) 3rd Take, entice, or remove child
28 beyond state limits with criminal
29 intent pending custody
30 proceedings.
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HB 1165, First Engrossed
1 787.04(3) 3rd Carrying child beyond state lines
2 with criminal intent to avoid
3 producing child at custody
4 hearing or delivering to
5 designated person.
6 790.115(1) 3rd Exhibiting firearm or weapon
7 within 1,000 feet of a school.
8 790.115(2)(b) 3rd Possessing electric weapon or
9 device, destructive device, or
10 other weapon on school property.
11 790.115(2)(c) 3rd Possessing firearm on school
12 property.
13 810.02(4)(a) 3rd Burglary, or attempted burglary,
14 of an unoccupied structure;
15 unarmed; no assault or battery.
16 810.02(4)(b) 3rd Burglary, or attempted burglary,
17 of an unoccupied conveyance;
18 unarmed; no assault or battery.
19 810.06 3rd Burglary; possession of tools.
20 810.08(2)(c) 3rd Trespass on property, armed with
21 firearm or dangerous weapon.
22 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
23 or more but less than $20,000.
24 812.014
25 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
26 firearm, motor vehicle,
27 livestock, etc.
28 817.563(1) 3rd Sell or deliver substance other
29 than controlled substance agreed
30 upon, excluding s. 893.03(5)
31 drugs.
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HB 1165, First Engrossed
1 828.125(1) 2nd Kill, maim, or cause great bodily
2 harm or permanent breeding
3 disability to any registered
4 horse or cattle.
5 837.02(1) 3rd Perjury in official proceedings.
6 837.021(1) 3rd Make contradictory statements in
7 official proceedings.
8 843.025 3rd Deprive law enforcement,
9 correctional, or correctional
10 probation officer of means of
11 protection or communication.
12 843.15(1)(a) 3rd Failure to appear while on bail
13 for felony (bond estreature or
14 bond jumping).
15 874.05(1) 3rd Encouraging or recruiting another
16 to join a criminal street gang.
17 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
18 893.03(1)(a), (b), or (d), or
19 (2)(a) or (b) drugs).
20 914.14(2) 3rd Witnesses accepting bribes.
21 914.22(1) 3rd Force, threaten, etc., witness,
22 victim, or informant.
23 914.23(2) 3rd Retaliation against a witness,
24 victim, or informant, no bodily
25 injury.
26 918.12 3rd Tampering with jurors.
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28 Section 3. Paragraph (f) of subsection (3) of section
29 921.0012, Florida Statutes, is amended to read:
30 921.0012 Sentencing guidelines offense levels; offense
31 severity ranking chart.--
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HB 1165, First Engrossed
1 (3) OFFENSE SEVERITY RANKING CHART
2 Florida Felony
3 Statute Degree Description
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5
6
7 (f) LEVEL 6
8 316.027(1)(b) 2nd Accident involving death, failure
9 to stop; leaving scene.
10 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
11 conviction.
12 775.0875(1) 3rd Taking firearm from law
13 enforcement officer.
14 784.021(1)(a) 3rd Aggravated assault; deadly weapon
15 without intent to kill.
16 784.021(1)(b) 3rd Aggravated assault; intent to
17 commit felony.
18 784.048(3) 3rd Aggravated stalking; credible
19 threat.
20 784.07(2)(c) 2nd Aggravated assault on law
21 enforcement officer.
22 784.078 3rd Aggravated battery of facility
23 employee by throwing, tossing, or
24 expelling certain fluids or
25 materials.
26 784.08(2)(b) 2nd Aggravated assault on a person 65
27 years of age or older.
28 784.081(2) 2nd Aggravated assault on specified
29 official or employee.
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HB 1165, First Engrossed
1 784.082(2) 2nd Aggravated assault by detained
2 person on visitor or other
3 detainee.
4 787.02(2) 3rd False imprisonment; restraining
5 with purpose other than those in
6 s. 787.01.
7 790.115(2)(d) 2nd Discharging firearm or weapon on
8 school property.
9 790.161(2) 2nd Make, possess, or throw
10 destructive device with intent to
11 do bodily harm or damage
12 property.
13 790.164(1) 2nd False report of deadly explosive
14 or act of arson or violence to
15 state property.
16 790.19 2nd Shooting or throwing deadly
17 missiles into dwellings, vessels,
18 or vehicles.
19 794.011(8)(a) 3rd Solicitation of minor to
20 participate in sexual activity by
21 custodial adult.
22 794.05(1) 2nd Unlawful sexual activity with
23 specified minor.
24 806.031(2) 2nd Arson resulting in great bodily
25 harm to firefighter or any other
26 person.
27 810.02(3)(c) 2nd Burglary of occupied structure;
28 unarmed; no assault or battery.
29 812.014(2)(b) 2nd Property stolen $20,000 or more,
30 but less than $100,000, grand
31 theft in 2nd degree.
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HB 1165, First Engrossed
1 812.13(2)(c) 2nd Robbery, no firearm or other
2 weapon (strong-arm robbery).
3 817.034(4)(a)1. 1st Communications fraud, value
4 greater than $50,000.
5 817.4821(5) 2nd Possess cloning paraphernalia
6 with intent to create cloned
7 cellular telephones.
8 825.102(1) 3rd Abuse of an elderly person or
9 disabled adult.
10 825.102(3)(c) 3rd Neglect of an elderly person or
11 disabled adult.
12 825.1025(3) 3rd Lewd or lascivious molestation of
13 an elderly person or disabled
14 adult.
15 825.103(2)(c) 3rd Exploiting an elderly person or
16 disabled adult and property is
17 valued at $100 or more, but less
18 than $20,000.
19 827.03(1) 3rd Abuse of a child.
20 827.03(3)(c) 3rd Neglect of a child.
21 827.071(2)&(3) 2nd Use or induce a child in a sexual
22 performance, or promote or direct
23 such performance.
24 836.05 2nd Threats; extortion.
25 836.10 2nd Written threats to kill or do
26 bodily injury.
27 843.12 3rd Aids or assists person to escape.
28 914.23 2nd Retaliation against a witness,
29 victim, or informant, with bodily
30 injury.
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HB 1165, First Engrossed
1 944.35(3)(a)2. 3rd Committing malicious battery upon
2 or inflicting cruel or inhuman
3 treatment on an inmate or
4 offender on community
5 supervision, resulting in great
6 bodily harm.
7 944.40 2nd Escapes.
8 944.46 3rd Harboring, concealing, aiding
9 escaped prisoners.
10 944.47(1)(a)5. 2nd Introduction of contraband
11 (firearm, weapon, or explosive)
12 into correctional facility.
13 951.22(1) 3rd Intoxicating drug, firearm, or
14 weapon introduced into county
15 facility.
16 Section 4. This act shall take effect October 1, 1997.
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