Senate Bill sb1318

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1318

    By Senator Saunders





    25-1315-01                                          See HB 131

  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;

31  

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    Florida Senate - 2001                                  SB 1318
    25-1315-01                                          See HB 131




  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 defined in s. 944.02(6); a

12  private correctional facility defined in s. 944.710 or under

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

14  detention facility of local government under chapter 950 or

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

16  the Department of Corrections or the Department of Juvenile

17  Justice.

18         (2)(a)  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 the prison industry enhancement

23  programs or the correctional work programs, pursuant to part

24  II of chapter 946.

25         (b)  "Employee" includes any person who is a parole

26  examiner with the Florida Parole Commission.

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

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

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

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

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

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1318
    25-1315-01                                          See HB 131




  1  contact with blood, masticated food, regurgitated food,

  2  saliva, seminal fluid, or urine or feces, whether by throwing,

  3  tossing, or expelling such fluid or material.

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

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

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

  7  775.084.

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

  9  921.0022, Florida Statutes, is amended to read:

10         921.0022  Criminal Punishment Code; offense severity

11  ranking chart.--

12         (3)  OFFENSE SEVERITY RANKING CHART

13  

14  Florida           Felony

15  Statute           Degree             Description

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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    Florida Senate - 2001                                  SB 1318
    25-1315-01                                          See HB 131




  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  784.085            3rd      Battery of child by throwing,

  9                              tossing, projecting, or expelling

10                              certain fluids or materials.

11  787.03(1)          3rd      Interference with custody;

12                              wrongly takes child from

13                              appointed guardian.

14  787.04(2)          3rd      Take, entice, or remove child

15                              beyond state limits with criminal

16                              intent pending custody

17                              proceedings.

18  787.04(3)          3rd      Carrying child beyond state lines

19                              with criminal intent to avoid

20                              producing child at custody

21                              hearing or delivering to

22                              designated person.

23  790.115(1)         3rd      Exhibiting firearm or weapon

24                              within 1,000 feet of a school.

25  790.115(2)(b)      3rd      Possessing electric weapon or

26                              device, destructive device, or

27                              other weapon on school property.

28  790.115(2)(c)      3rd      Possessing firearm on school

29                              property.

30  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

31                              offender less than 18 years.

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    Florida Senate - 2001                                  SB 1318
    25-1315-01                                          See HB 131




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

  2                              of an unoccupied structure;

  3                              unarmed; no assault or battery.

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

  5                              of an unoccupied conveyance;

  6                              unarmed; no assault or battery.

  7  810.06             3rd      Burglary; possession of tools.

  8  810.08(2)(c)       3rd      Trespass on property, armed with

  9                              firearm or dangerous weapon.

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

11                              or more but less than $20,000.

12  812.014

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

14                              firearm, motor vehicle,

15                              livestock, etc.

16  817.563(1)         3rd      Sell or deliver substance other

17                              than controlled substance agreed

18                              upon, excluding s. 893.03(5)

19                              drugs.

20  828.125(1)         2nd      Kill, maim, or cause great bodily

21                              harm or permanent breeding

22                              disability to any registered

23                              horse or cattle.

24  837.02(1)          3rd      Perjury in official proceedings.

25  837.021(1)         3rd      Make contradictory statements in

26                              official proceedings.

27  843.021            3rd      Possession of a concealed

28                              handcuff key by a person in

29                              custody.

30  

31  

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    Florida Senate - 2001                                  SB 1318
    25-1315-01                                          See HB 131




  1  843.025            3rd      Deprive law enforcement,

  2                              correctional, or correctional

  3                              probation officer of means of

  4                              protection or communication.

  5  843.15(1)(a)       3rd      Failure to appear while on bail

  6                              for felony (bond estreature or

  7                              bond jumping).

  8  874.05(1)          3rd      Encouraging or recruiting another

  9                              to join a criminal street gang.

10  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

11                              893.03(1)(a), (b), or (d),

12                              (2)(a), (2)(b), or (2)(c)4.

13                              drugs).

14  914.14(2)          3rd      Witnesses accepting bribes.

15  914.22(1)          3rd      Force, threaten, etc., witness,

16                              victim, or informant.

17  914.23(2)          3rd      Retaliation against a witness,

18                              victim, or informant, no bodily

19                              injury.

20  918.12             3rd      Tampering with jurors.

21         Section 3.  Section 945.35, Florida Statutes, is

22  amended to read:

23         945.35  Requirement for education on human

24  immunodeficiency virus, and acquired immune deficiency

25  syndrome, and other communicable diseases.--

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

27  the Department of Health, shall establish a mandatory

28  introductory and continuing education program on human

29  immunodeficiency virus, and acquired immune deficiency

30  syndrome, and other communicable diseases for all inmates.

31  Programs shall be specifically designed for inmates while

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    Florida Senate - 2001                                  SB 1318
    25-1315-01                                          See HB 131




  1  incarcerated and in preparation for release into the

  2  community.  Consideration shall be given to cultural and other

  3  relevant differences among inmates in the development of

  4  educational materials and shall include emphasis on behavior

  5  and attitude change.  The education program shall be

  6  continuously updated to reflect the latest medical information

  7  available.

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

  9  the Department of Health, shall establish a mandatory

10  education program on human immunodeficiency virus, and

11  acquired immune deficiency syndrome, and other communicable

12  diseases with an emphasis on appropriate behavior and attitude

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

14  correctional facilities, including new staff.

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

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

17  places the inmate at a high risk of transmitting or

18  contracting a human immunodeficiency disorder or other

19  communicable disease, the department may begin a testing

20  program which is consistent with guidelines of the Centers for

21  Disease Control and Prevention and recommendations of the

22  Correctional Medical Authority.  For purposes of this

23  subsection, "high-risk behavior" includes:

24         (a)  Sexual contact with any person.

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

26         (c)  The use of intravenous drugs.

27         (d)  Tattooing.

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

29  virus.

30  

31  

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    Florida Senate - 2001                                  SB 1318
    25-1315-01                                          See HB 131




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

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

  3  designated by agency rule.

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

  5  inmate may have intentionally or unintentionally transmitted a

  6  communicable disease to any correctional officer or any

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

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

  9  department shall, upon request of the affected correctional

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

11  have transmitted the communicable disease to be promptly

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

13  practicable to the person requesting the test be performed,

14  and to the inmate tested if the inmate so requests.

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

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

17  department shall provide appropriate access for counseling,

18  health care, and support services to the affected correctional

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

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

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

22  or state civil or criminal case or proceeding.

23         (8)  The department shall promulgate rules to implement

24  subsections (5), (6), and (7).  Such rules shall require that

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

26  requesting the test and the inmate tested.  Such rules shall

27  also provide for procedures designed to protect the privacy of

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

29  of the inmate tested.

30         (9)(5)  The department shall establish policies

31  consistent with guidelines of the Centers for Disease Control

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    Florida Senate - 2001                                  SB 1318
    25-1315-01                                          See HB 131




  1  and Prevention and recommendations of the Correctional Medical

  2  Authority on the housing, physical contact, dining,

  3  recreation, and exercise hours or locations for inmates with

  4  immunodeficiency disorders as are medically indicated and

  5  consistent with the proper operation of its facilities.

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

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

  8  and the participation by inmates and staff.

  9         Section 4.  This act shall take effect October 1, 2001.

10  

11            *****************************************

12                       LEGISLATIVE SUMMARY

13  
      Defines the offense of battery of facility employee by
14    throwing, tossing, or expelling certain fluids or
      materials on an employee of a correctional facility of
15    the state or local government or a secure facility
      operated and maintained by the Department of Corrections
16    or the Department of Juvenile Justice or other facility
      employee, so as to cause or attempt to cause such
17    employee to come into contact with the fluid or material.
      Provides penalties. Provides for ranking the offense for
18    purposes of the Criminal Punishment Code offense severity
      ranking chart. Provides an educational requirement for
19    correctional facility inmates on communicable diseases.
      Provides, upon the request of a correctional officer or
20    other employee or any unincarcerated person lawfully
      present in a correctional facility, for testing of such
21    persons and any inmate who may have transmitted a
      communicable disease to such persons. Provides for
22    results to be communicated to affected parties. Provides
      for access to health care. Provides that test results are
23    inadmissible in court cases.

24  

25  

26  

27  

28  

29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.