Senate Bill 0088e2

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    SB 88                                   Second Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to correctional facilities;

  3         creating s. 784.078, F.S.; defining the terms

  4         "facility" and "employee"; defining the offense

  5         of battery of facility employee by throwing,

  6         tossing, or expelling certain fluids or

  7         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; amending s.

15         921.0022, F.S.; providing for ranking the

16         offense of battery of a facility employee for

17         purposes of the Criminal Punishment Code

18         offense severity ranking chart; amending s.

19         945.35, F.S.; providing an educational

20         requirement for correctional facility inmates

21         on communicable diseases; providing, upon the

22         request of a correctional officer or other

23         employee or any unincarcerated person lawfully

24         present in a correctional facility, for testing

25         of such persons and any inmate who may have

26         transmitted a communicable disease to such

27         persons; providing for results to be

28         communicated to affected parties; providing for

29         access to health care; providing that test

30         results are inadmissible in court cases;

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    SB 88                                   Second Engrossed (ntc)



  1         requiring the department to adopt rules;

  2         providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Section 784.078, Florida Statutes, is

  7  created to read:

  8         784.078  Battery of facility employee by throwing,

  9  tossing, or expelling certain fluids or materials.--

10         (1)  As used in this section, the term "facility" means

11  a state correctional institution as defined in s. 944.02(6); a

12  private correctional facility as defined in s. 944.710 or

13  under chapter 957; a county, municipal, or regional jail or

14  other detention facility of local government under chapter 950

15  or chapter 951; or a secure facility operated and maintained

16  by the Department of Corrections or the Department of Juvenile

17  Justice.

18         (2)  As used in this section, the term "employee"

19  includes any person employed by or performing contractual

20  services for a public or private entity operating a facility

21  or any person employed by or performing contractual services

22  for the corporation operating prison industry enhancement

23  programs or correctional work programs under part II of

24  chapter 946.

25         (3)(a)  It is unlawful for any person, while being

26  detained in a facility and with intent to harass, annoy,

27  threaten, or alarm a person in a facility whom he or she knows

28  or reasonably should know to be an employee of such facility,

29  to cause or attempt to cause such employee to come into

30  contact with blood, masticated food, regurgitated food,

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    SB 88                                   Second Engrossed (ntc)



  1  seminal fluid, or urine or feces, whether by throwing,

  2  tossing, or expelling such fluid or material.

  3         (b)  Any person who violates paragraph (a) commits

  4  battery of a facility employee, a felony of the third degree,

  5  punishable as provided in s. 775.082, s. 775.083, or s.

  6  775.084.

  7         Section 2.  Paragraph (d) of subsection (3) of section

  8  921.0022, Florida Statutes, is amended to read:

  9         921.0022  Criminal Punishment Code; offense severity

10  ranking chart.--

11         (3)  OFFENSE SEVERITY RANKING CHART

12

13  Florida           Felony

14  Statute           Degree             Description

15

16

17                              (d)  LEVEL 4

18  316.1935(3)        2nd      Driving at high speed or with

19                              wanton disregard for safety while

20                              fleeing or attempting to elude

21                              law enforcement officer who is in

22                              a marked patrol vehicle with

23                              siren and lights activated.

24  784.07(2)(b)       3rd      Battery of law enforcement

25                              officer, firefighter, intake

26                              officer, etc.

27  784.075            3rd      Battery on detention or

28                              commitment facility staff.

29  784.078            3rd      Battery of facility employee by

30                              throwing, tossing, or expelling

31                              certain fluids or materials.


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    SB 88                                   Second Engrossed (ntc)



  1  784.08(2)(c)       3rd      Battery on a person 65 years of

  2                              age or older.

  3  784.081(3)         3rd      Battery on specified official or

  4                              employee.

  5  784.082(3)         3rd      Battery by detained person on

  6                              visitor or other detainee.

  7  784.083(3)         3rd      Battery on code inspector.

  8  787.03(1)          3rd      Interference with custody;

  9                              wrongly takes child from

10                              appointed guardian.

11  787.04(2)          3rd      Take, entice, or remove child

12                              beyond state limits with criminal

13                              intent pending custody

14                              proceedings.

15  787.04(3)          3rd      Carrying child beyond state lines

16                              with criminal intent to avoid

17                              producing child at custody

18                              hearing or delivering to

19                              designated person.

20  790.115(1)         3rd      Exhibiting firearm or weapon

21                              within 1,000 feet of a school.

22  790.115(2)(b)      3rd      Possessing electric weapon or

23                              device, destructive device, or

24                              other weapon on school property.

25  790.115(2)(c)      3rd      Possessing firearm on school

26                              property.

27  800.04(7)(c)       3rd      Lewd or lascivious exhibition;

28                              offender less than 18 years.

29  810.02(4)(a)       3rd      Burglary, or attempted burglary,

30                              of an unoccupied structure;

31                              unarmed; no assault or battery.


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    SB 88                                   Second Engrossed (ntc)



  1  810.02(4)(b)       3rd      Burglary, or attempted burglary,

  2                              of an unoccupied conveyance;

  3                              unarmed; no assault or battery.

  4  810.06             3rd      Burglary; possession of tools.

  5  810.08(2)(c)       3rd      Trespass on property, armed with

  6                              firearm or dangerous weapon.

  7  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

  8                              or more but less than $20,000.

  9  812.014

10   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

11                              firearm, motor vehicle,

12                              livestock, etc.

13  817.563(1)         3rd      Sell or deliver substance other

14                              than controlled substance agreed

15                              upon, excluding s. 893.03(5)

16                              drugs.

17  828.125(1)         2nd      Kill, maim, or cause great bodily

18                              harm or permanent breeding

19                              disability to any registered

20                              horse or cattle.

21  837.02(1)          3rd      Perjury in official proceedings.

22  837.021(1)         3rd      Make contradictory statements in

23                              official proceedings.

24  843.025            3rd      Deprive law enforcement,

25                              correctional, or correctional

26                              probation officer of means of

27                              protection or communication.

28  843.15(1)(a)       3rd      Failure to appear while on bail

29                              for felony (bond estreature or

30                              bond jumping).

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    SB 88                                   Second Engrossed (ntc)



  1  874.05(1)          3rd      Encouraging or recruiting another

  2                              to join a criminal street gang.

  3  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

  4                              893.03(1)(a), (b), or (d), or

  5                              (2)(a) or (b) drugs).

  6  914.14(2)          3rd      Witnesses accepting bribes.

  7  914.22(1)          3rd      Force, threaten, etc., witness,

  8                              victim, or informant.

  9  914.23(2)          3rd      Retaliation against a witness,

10                              victim, or informant, no bodily

11                              injury.

12  918.12             3rd      Tampering with jurors.

13         Section 3.  Section 945.35, Florida Statutes, is

14  amended to read:

15         945.35  Requirement for education on human

16  immunodeficiency virus, and acquired immune deficiency

17  syndrome, and other communicable diseases.--

18         (1)  The Department of Corrections, in conjunction with

19  the Department of Health, shall establish a mandatory

20  introductory and continuing education program on human

21  immunodeficiency virus, and acquired immune deficiency

22  syndrome, and other communicable diseases for all inmates.

23  Programs shall be specifically designed for inmates while

24  incarcerated and in preparation for release into the

25  community.  Consideration shall be given to cultural and other

26  relevant differences among inmates in the development of

27  educational materials and shall include emphasis on behavior

28  and attitude change.  The education program shall be

29  continuously updated to reflect the latest medical information

30  available.

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    SB 88                                   Second Engrossed (ntc)



  1         (2)  The Department of Corrections, in conjunction with

  2  the Department of Health, shall establish a mandatory

  3  education program on human immunodeficiency virus, and

  4  acquired immune deficiency syndrome, and other communicable

  5  diseases with an emphasis on appropriate behavior and attitude

  6  change to be offered on an annual basis to all staff in

  7  correctional facilities, including new staff.

  8         (3)  When there is evidence that an inmate, while in

  9  the custody of the department, has engaged in behavior which

10  places the inmate at a high risk of transmitting or

11  contracting a human immunodeficiency disorder or other

12  communicable disease, the department may begin a testing

13  program which is consistent with guidelines of the Centers for

14  Disease Control and Prevention and recommendations of the

15  Correctional Medical Authority.  For purposes of this

16  subsection, "high-risk behavior" includes:

17         (a)  Sexual contact with any person.

18         (b)  An altercation involving exposure to body fluids.

19         (c)  The use of intravenous drugs.

20         (d)  Tattooing.

21         (e)  Any other activity medically known to transmit the

22  virus.

23         (4)  The results of such tests shall become a part of

24  that inmate's medical file, accessible only to persons

25  designated by agency rule.

26         (5)  If the department has reason to believe that an

27  inmate may have intentionally or unintentionally transmitted a

28  communicable disease to any correctional officer or any

29  employee of the department, or to any person lawfully present

30  in a correctional facility who is not incarcerated there, the

31  department shall, upon request of the affected correctional


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    SB 88                                   Second Engrossed (ntc)



  1  officer, employee, or other person, cause the inmate who may

  2  have transmitted the communicable disease to be promptly

  3  tested for its presence and communicate the results as soon as

  4  practicable to the person requesting that the test be

  5  performed, and to the inmate tested if the inmate so requests.

  6         (6)  If the results of the test pursuant to subsection

  7  (5) indicate the presence of a communicable disease, the

  8  department shall provide appropriate access for counseling,

  9  health care, and support services to the affected correctional

10  officer, employee, or other person, and to the inmate tested.

11         (7)  The results of a test under subsections (5) and

12  (6) are inadmissible against the person tested in any federal

13  or state civil or criminal case or proceeding.

14         (8)  The department shall adopt rules to implement

15  subsections (5), (6), and (7). Such rules must require that

16  the results of any tests are communicated only to a person

17  requesting the test and the inmate tested. Such rules must

18  also provide for procedures designed to protect the privacy of

19  a person requesting that the test be performed and the privacy

20  of the inmate tested.

21         (9)(5)  The department shall establish policies

22  consistent with guidelines of the Centers for Disease Control

23  and Prevention and recommendations of the Correctional Medical

24  Authority on the housing, physical contact, dining,

25  recreation, and exercise hours or locations for inmates with

26  immunodeficiency disorders as are medically indicated and

27  consistent with the proper operation of its facilities.

28         (10)(6)  The department shall report to the Legislature

29  by March 1 each year as to the implementation of this program

30  and the participation by inmates and staff.

31         Section 4.  This act shall take effect October 1, 2000.


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