House Bill 0045
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 45
By Representative Harrington
1 A bill to be entitled
2 An act relating to battery; creating s.
3 784.078, F.S.; defining "facility" and
4 "employee"; defining the offense of battery of
5 facility employee by throwing, tossing, or
6 expelling certain fluids or materials on an
7 employee of a correctional facility of the
8 state or local government or a secure facility
9 operated and maintained by the Department of
10 Corrections or the Department of Juvenile
11 Justice or other facility employee, so as to
12 cause or attempt to cause such employee to come
13 into contact with the fluid or material;
14 providing penalties; providing for placement of
15 an offender on a management meal program under
16 specified circumstances; amending s. 921.0022,
17 F.S.; providing for ranking the offense of
18 battery of a facility employee for purposes of
19 the Criminal Punishment Code offense severity
20 ranking chart; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 784.078, Florida Statutes, is
25 created to read:
26 784.078 Battery of facility employee by throwing,
27 tossing, or expelling certain fluids or materials.--
28 (1) As used in this section, the term "facility" means
29 a state correctional institution defined in s. 944.02(6); a
30 private correctional facility defined in s. 944.710 or under
31 chapter 957; a county, municipal, or regional jail or other
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Florida House of Representatives - 1999 HB 45
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1 detention facility of local government under chapter 950 or
2 chapter 951; or a secure facility operated and maintained by
3 the Department of Corrections or the Department of Juvenile
4 Justice.
5 (2)(a) As used in this section, the term "employee"
6 means any person employed by or performing contractual
7 services for a public or private entity operating a facility.
8 (b) "Employee" includes any person who is a parole
9 examiner with the Florida Parole Commission.
10 (3)(a) It is unlawful for any person, while being
11 detained in a facility and with intent to harass, annoy,
12 threaten, or alarm a person in a facility whom he or she knows
13 or reasonably should know to be an employee of such facility,
14 to cause or attempt to cause such employee to come into
15 contact with blood, masticated food, regurgitated food,
16 saliva, seminal fluid, or urine or feces, whether by throwing,
17 tossing, or expelling such fluid or material.
18 (b)1. Any person who violates paragraph (a) commits
19 battery of a facility employee, a felony of the third degree,
20 punishable as provided in s. 775.082, s. 775.083, or s.
21 775.084.
22 2. In addition to the penalties imposed under
23 subparagraph 1., the administration of a facility may place a
24 violator of paragraph (a) who is a prisoner as defined in s.
25 944.02 on a management meal program as specified by rules and
26 regulations applicable to the facility.
27 Section 2. Paragraph (d) of subsection (3) of section
28 921.0022, Florida Statutes, 1998 Supplement, is amended to
29 read:
30 921.0022 Criminal Punishment Code; offense severity
31 ranking chart.--
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Florida House of Representatives - 1999 HB 45
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1 (3) OFFENSE SEVERITY RANKING CHART
2
3 Florida Felony
4 Statute Degree Description
5
6
7 (d) LEVEL 4
8 316.1935(3) 2nd Driving at high speed or with
9 wanton disregard for safety while
10 fleeing or attempting to elude
11 law enforcement officer who is in
12 a marked patrol vehicle with
13 siren and lights activated.
14 784.07(2)(b) 3rd Battery of law enforcement
15 officer, firefighter, intake
16 officer, etc.
17 784.075 3rd Battery on detention or
18 commitment facility staff.
19 784.078 3rd Battery of facility employee by
20 throwing, tossing, or expelling
21 certain fluids or materials.
22 784.08(2)(c) 3rd Battery on a person 65 years of
23 age or older.
24 784.081(3) 3rd Battery on specified official or
25 employee.
26 784.082(3) 3rd Battery by detained person on
27 visitor or other detainee.
28 784.083(3) 3rd Battery on code inspector.
29 787.03(1) 3rd Interference with custody;
30 wrongly takes child from
31 appointed guardian.
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1 787.04(2) 3rd Take, entice, or remove child
2 beyond state limits with criminal
3 intent pending custody
4 proceedings.
5 787.04(3) 3rd Carrying child beyond state lines
6 with criminal intent to avoid
7 producing child at custody
8 hearing or delivering to
9 designated person.
10 790.115(1) 3rd Exhibiting firearm or weapon
11 within 1,000 feet of a school.
12 790.115(2)(b) 3rd Possessing electric weapon or
13 device, destructive device, or
14 other weapon on school property.
15 790.115(2)(c) 3rd Possessing firearm on school
16 property.
17 810.02(4)(a) 3rd Burglary, or attempted burglary,
18 of an unoccupied structure;
19 unarmed; no assault or battery.
20 810.02(4)(b) 3rd Burglary, or attempted burglary,
21 of an unoccupied conveyance;
22 unarmed; no assault or battery.
23 810.06 3rd Burglary; possession of tools.
24 810.08(2)(c) 3rd Trespass on property, armed with
25 firearm or dangerous weapon.
26 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
27 or more but less than $20,000.
28 812.014
29 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
30 firearm, motor vehicle,
31 livestock, etc.
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1 817.563(1) 3rd Sell or deliver substance other
2 than controlled substance agreed
3 upon, excluding s. 893.03(5)
4 drugs.
5 828.125(1) 2nd Kill, maim, or cause great bodily
6 harm or permanent breeding
7 disability to any registered
8 horse or cattle.
9 837.02(1) 3rd Perjury in official proceedings.
10 837.021(1) 3rd Make contradictory statements in
11 official proceedings.
12 843.025 3rd Deprive law enforcement,
13 correctional, or correctional
14 probation officer of means of
15 protection or communication.
16 843.15(1)(a) 3rd Failure to appear while on bail
17 for felony (bond estreature or
18 bond jumping).
19 874.05(1) 3rd Encouraging or recruiting another
20 to join a criminal street gang.
21 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
22 893.03(1)(a), (b), or (d), or
23 (2)(a) or (b) drugs).
24 914.14(2) 3rd Witnesses accepting bribes.
25 914.22(1) 3rd Force, threaten, etc., witness,
26 victim, or informant.
27 914.23(2) 3rd Retaliation against a witness,
28 victim, or informant, no bodily
29 injury.
30 918.12 3rd Tampering with jurors.
31 Section 3. This act shall take effect October 1, 1999.
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2 HOUSE SUMMARY
3
Defines "facility" and "employee." Defines the offense
4 of battery by throwing, tossing, or expelling certain
fluids or materials on an employee of a correctional
5 facility of the state or local government, or a secure
facility operated and maintained by the Department of
6 Corrections or the Department of Juvenile Justice, so as
to cause or attempt to cause such employee to come into
7 contact with the fluid or material. Provides penalties.
Provides for placement of an offender on a management
8 meal program under specified circumstances. Provides for
ranking of the offense as a level 4 offense for purposes
9 of the Criminal Punishment Code offense severity ranking
chart.
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