House Bill hb0131c1
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Florida House of Representatives - 2001 CS/HB 131
By the Council for Healthy Communities and Representatives
Harrington, Kravitz, Cantens, Fiorentino, Bean, Spratt, Mahon
and Dockery
1 A bill to be entitled
2 An act relating to correctional facilities;
3 creating s. 784.074, F.S.; providing for
4 reclassification of offenses of assault or
5 battery on a staff member of a sexually violent
6 predators detention or commitment facility;
7 creating s. 784.078, F.S.; defining "facility"
8 and "employee"; defining the offense of battery
9 of facility employee by throwing, tossing, or
10 expelling certain fluids or materials on an
11 employee of a correctional facility of the
12 state or local government or a sexually violent
13 predators detention or commitment facility or a
14 secure facility operated and maintained by the
15 Department of Corrections or the Department of
16 Juvenile Justice or other facility employee, so
17 as to cause or attempt to cause such employee
18 to come into contact with the fluid or
19 material; providing penalties; amending s.
20 806.13, F.S.; providing a penalty for criminal
21 mischief upon a sexually violent predators
22 detention or commitment facility and reenacting
23 s. 901.15, F.S., relating to arrest without a
24 warrant, to incorporate said amendment in a
25 reference; amending s. 921.0022, F.S.;
26 providing for ranking the offense of battery of
27 a facility employee and assault or battery of a
28 staff member of a sexually violent predators
29 facility, for purposes of the Criminal
30 Punishment Code offense severity ranking chart;
31 amending s. 945.35, F.S.; providing an
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1 educational requirement for correctional
2 facility inmates on communicable diseases;
3 providing, upon the request of a correctional
4 officer or other employee, for testing of such
5 person and any inmate who may have transmitted
6 a communicable disease to such person;
7 providing for results to be communicated to
8 affected parties; providing for access to
9 health care; providing that test results are
10 inadmissible in court cases; requiring the
11 department to promulgate rules; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 784.074, Florida Statutes, is
17 created to read:
18 784.074 Assault or battery on sexually violent
19 predators detention or commitment facility staff;
20 reclassification of offenses.--
21 (1) Whenever a person is charged with committing an
22 assault or aggravated assault or a battery or aggravated
23 battery upon a staff member of a sexually violent predators
24 detention or commitment facility as defined in part V of
25 chapter 394 while the staff member is engaged in the lawful
26 performance of his or her duties and when the person
27 committing the offense knows or has reason to know the
28 identity or employment of the victim, the offense for which
29 the person is charged shall be reclassified as follows:
30 (a) In the case of aggravated battery, from a felony
31 of the second degree to a felony of the first degree.
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1 (b) In the case of an aggravated assault, from a
2 felony of the third degree to a felony of the second degree.
3 (c) In the case of battery, from a misdemeanor of the
4 first degree to a felony of the first degree.
5 (d) In the case of assault, from a misdemeanor of the
6 second degree to a misdemeanor of the first degree.
7 (2) For purposes of this section, a staff member of
8 the facilities referred to includes persons employed by the
9 Department of Children and Family Services, persons employed
10 at facilities licensed by the Department of Children and
11 Family Services, and persons employed at facilities operated
12 under a contract with the Department of Children and Family
13 Services.
14 Section 2. Section 784.078, Florida Statutes, is
15 created to read:
16 784.078 Battery of facility employee by throwing,
17 tossing, or expelling certain fluids or materials.--
18 (1) As used in this section, the term "facility" means
19 a state correctional institution defined in s. 944.02(6); a
20 private correctional facility defined in s. 944.710 or under
21 chapter 957; a county, municipal, or regional jail or other
22 detention facility of local government under chapter 950 or
23 chapter 951; a sexually violent predators detention or
24 commitment facility operated pursuant to part V of chapter
25 394; or a secure facility operated and maintained by the
26 Department of Corrections or the Department of Juvenile
27 Justice.
28 (2)(a) As used in this section, the term "employee"
29 includes any person employed by or performing contractual
30 services for a public or private entity operating a facility
31 or any person employed by or performing contractual services
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1 for the corporation operating the prison industry enhancement
2 programs or the correctional work programs, pursuant to part
3 II of chapter 946.
4 (b) "Employee" includes any person who is a parole
5 examiner with the Florida Parole Commission.
6 (3)(a) It is unlawful for any person, while being
7 detained in a facility and with intent to harass, annoy,
8 threaten, or alarm a person in a facility whom he or she knows
9 or reasonably should know to be an employee of such facility,
10 to cause or attempt to cause such employee to come into
11 contact with blood, masticated food, regurgitated food,
12 saliva, seminal fluid, or urine or feces, whether by throwing,
13 tossing, or expelling such fluid or material.
14 (b) Any person who violates paragraph (a) commits
15 battery of a facility employee, a felony of the third degree,
16 punishable as provided in s. 775.082, s. 775.083, or s.
17 775.084.
18 Section 3. Subsections (4) through (7) of section
19 806.13, Florida Statutes, are renumbered as subsections (5)
20 through (8), respectively, a new subsection (4) is added to
21 said section, and present subsection (6) is amended, to read:
22 806.13 Criminal mischief; penalties; penalty for
23 minor.--
24 (4) Any person who willfully and maliciously defaces,
25 injures, or damages by any means a sexually violent predators
26 detention or commitment facility, as defined in part V of
27 chapter 394, or any property contained therein, commits a
28 felony of the third degree, punishable as provided in s.
29 775.082, s. 775.083, or s. 775.084, if the damage to property
30 is greater than $200.
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1 (7)(6) A minor whose driver's license or driving
2 privilege is revoked, suspended, or withheld under subsection
3 (6)(5) may elect to reduce the period of revocation,
4 suspension, or withholding by performing community service at
5 the rate of 1 day for each hour of community service
6 performed. In addition, if the court determines that due to a
7 family hardship, the minor's driver's license or driving
8 privilege is necessary for employment or medical purposes of
9 the minor or a member of the minor's family, the court shall
10 order the minor to perform community service and reduce the
11 period of revocation, suspension, or withholding at the rate
12 of 1 day for each hour of community service performed. As
13 used in this subsection, the term "community service" means
14 cleaning graffiti from public property.
15 Section 4. For the purpose of incorporating the
16 amendment to section 806.13, Florida Statutes, in a reference
17 thereto, paragraph (b) of subsection (9) of section 901.15,
18 Florida Statutes, is reenacted to read:
19 901.15 When arrest by officer without warrant is
20 lawful.--A law enforcement officer may arrest a person without
21 a warrant when:
22 (9) There is probable cause to believe that the person
23 has committed:
24 (b) An act of criminal mischief or a graffiti-related
25 offense as described in s. 806.13.
26 Section 5. Paragraphs (d), (f), and (g) of subsection
27 (3) of section 921.0022, Florida Statutes, are amended to
28 read:
29 921.0022 Criminal Punishment Code; offense severity
30 ranking chart.--
31 (3) OFFENSE SEVERITY RANKING CHART
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1
2 Florida Felony
3 Statute Degree Description
4
5
6 (d) LEVEL 4
7 316.1935(3) 2nd Driving at high speed or with
8 wanton disregard for safety while
9 fleeing or attempting to elude
10 law enforcement officer who is in
11 a marked patrol vehicle with
12 siren and lights activated.
13 784.07(2)(b) 3rd Battery of law enforcement
14 officer, firefighter, intake
15 officer, etc.
16 784.074(1)(c) 3rd Battery of sexually violent
17 predators facility staff.
18 784.075 3rd Battery on detention or
19 commitment facility staff.
20 784.078 3rd Battery of facility employee by
21 throwing, tossing, or expelling
22 certain fluids or materials.
23 784.08(2)(c) 3rd Battery on a person 65 years of
24 age or older.
25 784.081(3) 3rd Battery on specified official or
26 employee.
27 784.082(3) 3rd Battery by detained person on
28 visitor or other detainee.
29 784.083(3) 3rd Battery on code inspector.
30
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1 784.085 3rd Battery of child by throwing,
2 tossing, projecting, or expelling
3 certain fluids or materials.
4 787.03(1) 3rd Interference with custody;
5 wrongly takes child from
6 appointed guardian.
7 787.04(2) 3rd Take, entice, or remove child
8 beyond state limits with criminal
9 intent pending custody
10 proceedings.
11 787.04(3) 3rd Carrying child beyond state lines
12 with criminal intent to avoid
13 producing child at custody
14 hearing or delivering to
15 designated person.
16 790.115(1) 3rd Exhibiting firearm or weapon
17 within 1,000 feet of a school.
18 790.115(2)(b) 3rd Possessing electric weapon or
19 device, destructive device, or
20 other weapon on school property.
21 790.115(2)(c) 3rd Possessing firearm on school
22 property.
23 800.04(7)(d) 3rd Lewd or lascivious exhibition;
24 offender less than 18 years.
25 810.02(4)(a) 3rd Burglary, or attempted burglary,
26 of an unoccupied structure;
27 unarmed; no assault or battery.
28 810.02(4)(b) 3rd Burglary, or attempted burglary,
29 of an unoccupied conveyance;
30 unarmed; no assault or battery.
31 810.06 3rd Burglary; possession of tools.
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1 810.08(2)(c) 3rd Trespass on property, armed with
2 firearm or dangerous weapon.
3 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
4 or more but less than $20,000.
5 812.014
6 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
7 firearm, motor vehicle,
8 livestock, etc.
9 817.563(1) 3rd Sell or deliver substance other
10 than controlled substance agreed
11 upon, excluding s. 893.03(5)
12 drugs.
13 828.125(1) 2nd Kill, maim, or cause great bodily
14 harm or permanent breeding
15 disability to any registered
16 horse or cattle.
17 837.02(1) 3rd Perjury in official proceedings.
18 837.021(1) 3rd Make contradictory statements in
19 official proceedings.
20 843.021 3rd Possession of a concealed
21 handcuff key by a person in
22 custody.
23 843.025 3rd Deprive law enforcement,
24 correctional, or correctional
25 probation officer of means of
26 protection or communication.
27 843.15(1)(a) 3rd Failure to appear while on bail
28 for felony (bond estreature or
29 bond jumping).
30 874.05(1) 3rd Encouraging or recruiting another
31 to join a criminal street gang.
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1 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
2 893.03(1)(a), (b), or (d),
3 (2)(a), (2)(b), or (2)(c)4.
4 drugs).
5 914.14(2) 3rd Witnesses accepting bribes.
6 914.22(1) 3rd Force, threaten, etc., witness,
7 victim, or informant.
8 914.23(2) 3rd Retaliation against a witness,
9 victim, or informant, no bodily
10 injury.
11 918.12 3rd Tampering with jurors.
12 (f) LEVEL 6
13 316.027(1)(b) 2nd Accident involving death, failure
14 to stop; leaving scene.
15 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
16 conviction.
17 775.0875(1) 3rd Taking firearm from law
18 enforcement officer.
19 775.21(10) 3rd Sexual predators; failure to
20 register; failure to renew
21 driver's license or
22 identification card.
23 784.021(1)(a) 3rd Aggravated assault; deadly weapon
24 without intent to kill.
25 784.021(1)(b) 3rd Aggravated assault; intent to
26 commit felony.
27 784.041 3rd Felony battery.
28 784.048(3) 3rd Aggravated stalking; credible
29 threat.
30 784.048(5) 3rd Aggravated stalking of person
31 under 16.
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1 784.07(2)(c) 2nd Aggravated assault on law
2 enforcement officer.
3 784.074(1)(b) 2nd Aggravated assault on sexually
4 violent predators facility staff.
5 784.08(2)(b) 2nd Aggravated assault on a person 65
6 years of age or older.
7 784.081(2) 2nd Aggravated assault on specified
8 official or employee.
9 784.082(2) 2nd Aggravated assault by detained
10 person on visitor or other
11 detainee.
12 784.083(2) 2nd Aggravated assault on code
13 inspector.
14 787.02(2) 3rd False imprisonment; restraining
15 with purpose other than those in
16 s. 787.01.
17 790.115(2)(d) 2nd Discharging firearm or weapon on
18 school property.
19 790.161(2) 2nd Make, possess, or throw
20 destructive device with intent to
21 do bodily harm or damage
22 property.
23 790.164(1) 2nd False report of deadly explosive
24 or act of arson or violence to
25 state property.
26 790.19 2nd Shooting or throwing deadly
27 missiles into dwellings, vessels,
28 or vehicles.
29 794.011(8)(a) 3rd Solicitation of minor to
30 participate in sexual activity by
31 custodial adult.
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1 794.05(1) 2nd Unlawful sexual activity with
2 specified minor.
3 800.04(5)(d) 3rd Lewd or lascivious molestation;
4 victim 12 years of age or older
5 but less than 16 years; offender
6 less than 18 years.
7 800.04(6)(b) 2nd Lewd or lascivious conduct;
8 offender 18 years of age or
9 older.
10 806.031(2) 2nd Arson resulting in great bodily
11 harm to firefighter or any other
12 person.
13 810.02(3)(c) 2nd Burglary of occupied structure;
14 unarmed; no assault or battery.
15 812.014(2)(b) 2nd Property stolen $20,000 or more,
16 but less than $100,000, grand
17 theft in 2nd degree.
18 812.13(2)(c) 2nd Robbery, no firearm or other
19 weapon (strong-arm robbery).
20 817.034(4)(a)1. 1st Communications fraud, value
21 greater than $50,000.
22 817.4821(5) 2nd Possess cloning paraphernalia
23 with intent to create cloned
24 cellular telephones.
25 825.102(1) 3rd Abuse of an elderly person or
26 disabled adult.
27 825.102(3)(c) 3rd Neglect of an elderly person or
28 disabled adult.
29 825.1025(3) 3rd Lewd or lascivious molestation of
30 an elderly person or disabled
31 adult.
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1 825.103(2)(c) 3rd Exploiting an elderly person or
2 disabled adult and property is
3 valued at less than $20,000.
4 827.03(1) 3rd Abuse of a child.
5 827.03(3)(c) 3rd Neglect of a child.
6 827.071(2)&(3) 2nd Use or induce a child in a sexual
7 performance, or promote or direct
8 such performance.
9 836.05 2nd Threats; extortion.
10 836.10 2nd Written threats to kill or do
11 bodily injury.
12 843.12 3rd Aids or assists person to escape.
13 847.0135(3) 3rd Solicitation of a child, via a
14 computer service, to commit an
15 unlawful sex act.
16 914.23 2nd Retaliation against a witness,
17 victim, or informant, with bodily
18 injury.
19 943.0435(9) 3rd Sex offenders; failure to comply
20 with reporting requirements.
21 944.35(3)(a)2. 3rd Committing malicious battery upon
22 or inflicting cruel or inhuman
23 treatment on an inmate or
24 offender on community
25 supervision, resulting in great
26 bodily harm.
27 944.40 2nd Escapes.
28 944.46 3rd Harboring, concealing, aiding
29 escaped prisoners.
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1 944.47(1)(a)5. 2nd Introduction of contraband
2 (firearm, weapon, or explosive)
3 into correctional facility.
4 951.22(1) 3rd Intoxicating drug, firearm, or
5 weapon introduced into county
6 facility.
7 (g) LEVEL 7
8 316.193(3)(c)2. 3rd DUI resulting in serious bodily
9 injury.
10 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
11 bodily injury.
12 402.319(2) 2nd Misrepresentation and negligence
13 or intentional act resulting in
14 great bodily harm, permanent
15 disfiguration, permanent
16 disability, or death.
17 409.920(2) 3rd Medicaid provider fraud.
18 456.065(2) 3rd Practicing a health care
19 profession without a license.
20 456.065(2) 2nd Practicing a health care
21 profession without a license
22 which results in serious bodily
23 injury.
24 458.327(1) 3rd Practicing medicine without a
25 license.
26 459.013(1) 3rd Practicing osteopathic medicine
27 without a license.
28 460.411(1) 3rd Practicing chiropractic medicine
29 without a license.
30 461.012(1) 3rd Practicing podiatric medicine
31 without a license.
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1 462.17 3rd Practicing naturopathy without a
2 license.
3 463.015(1) 3rd Practicing optometry without a
4 license.
5 464.016(1) 3rd Practicing nursing without a
6 license.
7 465.015(2) 3rd Practicing pharmacy without a
8 license.
9 466.026(1) 3rd Practicing dentistry or dental
10 hygiene without a license.
11 467.201 3rd Practicing midwifery without a
12 license.
13 468.366 3rd Delivering respiratory care
14 services without a license.
15 483.828(1) 3rd Practicing as clinical laboratory
16 personnel without a license.
17 483.901(9) 3rd Practicing medical physics
18 without a license.
19 484.053 3rd Dispensing hearing aids without a
20 license.
21 494.0018(2) 1st Conviction of any violation of
22 ss. 494.001-494.0077 in which the
23 total money and property
24 unlawfully obtained exceeded
25 $50,000 and there were five or
26 more victims.
27 560.123(8)(b)1. 3rd Failure to report currency or
28 payment instruments exceeding
29 $300 but less than $20,000 by
30 money transmitter.
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1 560.125(5)(a) 3rd Money transmitter business by
2 unauthorized person, currency or
3 payment instruments exceeding
4 $300 but less than $20,000.
5 655.50(10)(b)1. 3rd Failure to report financial
6 transactions exceeding $300 but
7 less than $20,000 by financial
8 institution.
9 782.051(3) 2nd Attempted felony murder of a
10 person by a person other than the
11 perpetrator or the perpetrator of
12 an attempted felony.
13 782.07(1) 2nd Killing of a human being by the
14 act, procurement, or culpable
15 negligence of another
16 (manslaughter).
17 782.071 2nd Killing of human being or viable
18 fetus by the operation of a motor
19 vehicle in a reckless manner
20 (vehicular homicide).
21 782.072 2nd Killing of a human being by the
22 operation of a vessel in a
23 reckless manner (vessel
24 homicide).
25 784.045(1)(a)1. 2nd Aggravated battery; intentionally
26 causing great bodily harm or
27 disfigurement.
28 784.045(1)(a)2. 2nd Aggravated battery; using deadly
29 weapon.
30 784.045(1)(b) 2nd Aggravated battery; perpetrator
31 aware victim pregnant.
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1 784.048(4) 3rd Aggravated stalking; violation of
2 injunction or court order.
3 784.07(2)(d) 1st Aggravated battery on law
4 enforcement officer.
5 784.074(1)(a) 1st Aggravated battery on sexually
6 violent predators facility staff.
7 784.08(2)(a) 1st Aggravated battery on a person 65
8 years of age or older.
9 784.081(1) 1st Aggravated battery on specified
10 official or employee.
11 784.082(1) 1st Aggravated battery by detained
12 person on visitor or other
13 detainee.
14 784.083(1) 1st Aggravated battery on code
15 inspector.
16 790.07(4) 1st Specified weapons violation
17 subsequent to previous conviction
18 of s. 790.07(1) or (2).
19 790.16(1) 1st Discharge of a machine gun under
20 specified circumstances.
21 790.166(3) 2nd Possessing, selling, using, or
22 attempting to use a hoax weapon
23 of mass destruction.
24 796.03 2nd Procuring any person under 16
25 years for prostitution.
26 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
27 victim less than 12 years of age;
28 offender less than 18 years.
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1 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
2 victim 12 years of age or older
3 but less than 16 years; offender
4 18 years or older.
5 806.01(2) 2nd Maliciously damage structure by
6 fire or explosive.
7 810.02(3)(a) 2nd Burglary of occupied dwelling;
8 unarmed; no assault or battery.
9 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
10 unarmed; no assault or battery.
11 810.02(3)(d) 2nd Burglary of occupied conveyance;
12 unarmed; no assault or battery.
13 812.014(2)(a) 1st Property stolen, valued at
14 $100,000 or more; property stolen
15 while causing other property
16 damage; 1st degree grand theft.
17 812.019(2) 1st Stolen property; initiates,
18 organizes, plans, etc., the theft
19 of property and traffics in
20 stolen property.
21 812.131(2)(a) 2nd Robbery by sudden snatching.
22 812.133(2)(b) 1st Carjacking; no firearm, deadly
23 weapon, or other weapon.
24 825.102(3)(b) 2nd Neglecting an elderly person or
25 disabled adult causing great
26 bodily harm, disability, or
27 disfigurement.
28 825.1025(2) 2nd Lewd or lascivious battery upon
29 an elderly person or disabled
30 adult.
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1 825.103(2)(b) 2nd Exploiting an elderly person or
2 disabled adult and property is
3 valued at $20,000 or more, but
4 less than $100,000.
5 827.03(3)(b) 2nd Neglect of a child causing great
6 bodily harm, disability, or
7 disfigurement.
8 827.04(3) 3rd Impregnation of a child under 16
9 years of age by person 21 years
10 of age or older.
11 837.05(2) 3rd Giving false information about
12 alleged capital felony to a law
13 enforcement officer.
14 872.06 2nd Abuse of a dead human body.
15 893.13(1)(c)1. 1st Sell, manufacture, or deliver
16 cocaine (or other drug prohibited
17 under s. 893.03(1)(a), (1)(b),
18 (1)(d), (2)(a), (2)(b), or
19 (2)(c)4.) within 1,000 feet of a
20 child care facility or school.
21 893.13(1)(e)1. 1st Sell, manufacture, or deliver
22 cocaine or other drug prohibited
23 under s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4., within 1,000 feet of
26 property used for religious
27 services or a specified business
28 site.
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1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), (2)(b), or
4 (2)(c)4. drugs).
5 893.135(1)(a)1. 1st Trafficking in cannabis, more
6 than 50 lbs., less than 2,000
7 lbs.
8 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than
9 28 grams, less than 200 grams.
10 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs,
11 more than 4 grams, less than 14
12 grams.
13 893.135 (1)(d)1. 1st Trafficking in phencyclidine,
14 more than 28 grams, less than 200
15 grams.
16 893.135(1)(e)1. 1st Trafficking in methaqualone, more
17 than 200 grams, less than 5
18 kilograms.
19 893.135(1)(f)1. 1st Trafficking in amphetamine, more
20 than 14 grams, less than 28
21 grams.
22 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
23 grams or more, less than 14
24 grams.
25 893.135 (1)(h)1.a. 1st Trafficking in
26 gamma-hydroxybutyric acid (GHB),
27 1 kilogram or more, less than 5
28 kilograms.
29 893.135 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
30 kilogram or more, less then 5
31 kilograms.
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1 893.135 (1)(j)2.a. 1st Trafficking in Phenethylamines,
2 10 grams or more, less than 200
3 grams.
4 896.101(5)(a) 3rd Money laundering, financial
5 transactions exceeding $300 but
6 less than $20,000.
7 896.104(4)(a)1. 3rd Structuring transactions to evade
8 reporting or registration
9 requirements, financial
10 transactions exceeding $300 but
11 less than $20,000.
12 Section 6. Section 945.35, Florida Statutes, is
13 amended to read:
14 945.35 Requirement for education on human
15 immunodeficiency virus, and acquired immune deficiency
16 syndrome, and other communicable diseases.--
17 (1) The Department of Corrections, in conjunction with
18 the Department of Health, shall establish a mandatory
19 introductory and continuing education program on human
20 immunodeficiency virus, and acquired immune deficiency
21 syndrome, and other communicable diseases for all inmates.
22 Programs shall be specifically designed for inmates while
23 incarcerated and in preparation for release into the
24 community. Consideration shall be given to cultural and other
25 relevant differences among inmates in the development of
26 educational materials and shall include emphasis on behavior
27 and attitude change. The education program shall be
28 continuously updated to reflect the latest medical information
29 available.
30 (2) The Department of Corrections, in conjunction with
31 the Department of Health, shall establish a mandatory
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1 education program on human immunodeficiency virus, and
2 acquired immune deficiency syndrome, and other communicable
3 diseases with an emphasis on appropriate behavior and attitude
4 change to be offered on an annual basis to all staff in
5 correctional facilities, including new staff.
6 (3) When there is evidence that an inmate, while in
7 the custody of the department, has engaged in behavior which
8 places the inmate at a high risk of transmitting or
9 contracting a human immunodeficiency disorder or other
10 communicable disease, the department may begin a testing
11 program which is consistent with guidelines of the Centers for
12 Disease Control and Prevention and recommendations of the
13 Correctional Medical Authority. For purposes of this
14 subsection, "high-risk behavior" includes:
15 (a) Sexual contact with any person.
16 (b) An altercation involving exposure to body fluids.
17 (c) The use of intravenous drugs.
18 (d) Tattooing.
19 (e) Any other activity medically known to transmit the
20 virus.
21 (4) The results of such tests shall become a part of
22 that inmate's medical file, accessible only to persons
23 designated by agency rule.
24 (5) If the department has reason to believe that an
25 inmate may have intentionally or unintentionally transmitted a
26 communicable disease to any correctional officer or any
27 employee of the department as defined in s. 784.078(2)(a), the
28 department shall, upon request of the affected correctional
29 officer or employee, cause the inmate who may have transmitted
30 the communicable disease to be promptly tested for its
31 presence and communicate the results as soon as practicable to
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1 the person requesting the test be performed, and to the inmate
2 tested if the inmate so requests.
3 (6) If the results of the test pursuant to subsection
4 (5) indicate the presence of a communicable disease, the
5 department shall provide appropriate access for counseling,
6 health care, and support services to the affected correctional
7 officer or employee, and to the inmate tested.
8 (7) The results of a test under subsections (5) and
9 (6) are inadmissible against the person tested in any federal
10 or state civil or criminal case or proceeding.
11 (8) The department shall promulgate rules to implement
12 subsections (5), (6), and (7). Such rules shall require that
13 the results of any tests are communicated only to a person
14 requesting the test, the inmate tested, and the Department of
15 Corrections Reception Center. Such rules shall also provide
16 for procedures designed to protect the privacy of a person
17 requesting that the test be performed and the privacy of the
18 inmate tested.
19 (9)(5) The department shall establish policies
20 consistent with guidelines of the Centers for Disease Control
21 and Prevention and recommendations of the Correctional Medical
22 Authority on the housing, physical contact, dining,
23 recreation, and exercise hours or locations for inmates with
24 immunodeficiency disorders as are medically indicated and
25 consistent with the proper operation of its facilities.
26 (10)(6) The department shall report to the Legislature
27 by March 1 each year as to the implementation of this program
28 and the participation by inmates and staff.
29 Section 7. This act shall take effect October 1, 2001.
30
31
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