Senate Bill sb1318c1
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Florida Senate - 2001 CS for SB 1318
By the Committee on Criminal Justice and Senator Saunders
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1 A bill to be entitled
2 An act relating to correctional facilities;
3 creating s. 784.074, F.S.; providing penalties
4 for an assault or battery upon specified
5 facility staff; creating s. 784.078, F.S.;
6 defining the terms "facility" and "employee";
7 defining the offense of battery of facility
8 employee by throwing, tossing, or expelling
9 certain fluids or materials on an employee of a
10 correctional facility of the state or local
11 government or a secure facility operated and
12 maintained by the Department of Corrections or
13 the Department of Juvenile Justice or other
14 facility employee, so as to cause or attempt to
15 cause such employee to come into contact with
16 the fluid or material; providing penalties;
17 amending s. 921.0022, F.S.; providing for
18 ranking the offense of battery of a facility
19 employee for purposes of the Criminal
20 Punishment Code offense severity ranking chart;
21 amending s. 945.35, F.S.; providing an
22 educational requirement for correctional
23 facility inmates on communicable diseases;
24 providing, upon the request of a correctional
25 officer or other employee or any unincarcerated
26 person lawfully present in a correctional
27 facility, for testing of such persons and any
28 inmate who may have transmitted a communicable
29 disease to such persons; providing for results
30 to be communicated to affected parties;
31 providing for access to health care; providing
1
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1 that test results are inadmissible in court
2 cases; requiring the department to adopt rules;
3 amending s. 806.13, F.S.; providing a penalty
4 for damaging specified detention or commitment
5 facilities; providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Section 784.074, Florida Statutes, is
10 created to read:
11 784.074 Assault or battery on sexually violent
12 predators detention or commitment facility staff;
13 reclassification of offenses.--
14 (1) Whenever a person is charged with committing an
15 assault or aggravated assault or a battery or aggravated
16 battery upon a staff member of a sexually violent predators
17 detention or commitment facility as defined in part V or
18 chapter 394, while the staff member is engaged in the lawful
19 performance of his or her duties and when the person
20 committing the offense knows or has reason to know the
21 identity or employment of the victim, the offense for which
22 the person is charged shall be reclassified as follows:
23 (a) In the case of aggravated battery, from a felony
24 of the second degree to a felony of the first degree.
25 (b) In the case of an aggravated assault, from a
26 felony of the third degree to a felony of the second degree.
27 (c) In the case of battery, from a misdemeanor of the
28 first degree to a felony of the third degree.
29 (d) In the case of assault, from a misdemeanor of the
30 second degree to a misdemeanor of the first degree.
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1 (2) For purposes of this section, a staff member of
2 the facilities listed includes persons employed by the
3 Department of Children and Family Services, persons employed
4 at facilities licensed by the Department of Children and
5 Family Services, and persons employed at facilities operated
6 under a contract with the Department of Children and Family
7 Services.
8 Section 2. Section 784.078, Florida Statutes, is
9 created to read:
10 784.078 Battery of facility employee by throwing,
11 tossing, or expelling certain fluids or materials.--
12 (1) As used in this section, the term "facility" means
13 a state correctional institution defined in s. 944.02(6); a
14 private correctional facility defined in s. 944.710 or under
15 chapter 957; a county, municipal, or regional jail or other
16 detention facility of local government under chapter 950 or
17 chapter 951; or a secure facility operated and maintained by
18 the Department of Corrections or the Department of Juvenile
19 Justice.
20 (2)(a) As used in this section, the term "employee"
21 includes any person employed by or performing contractual
22 services for a public or private entity operating a facility
23 or any person employed by or performing contractual services
24 for the corporation operating the prison industry enhancement
25 programs or the correctional work programs, pursuant to part
26 II of chapter 946.
27 (b) "Employee" includes any person who is a parole
28 examiner with the Florida Parole Commission.
29 (3)(a) It is unlawful for any person, while being
30 detained in a facility and with intent to harass, annoy,
31 threaten, or alarm a person in a facility whom he or she knows
3
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1 or reasonably should know to be an employee of such facility,
2 to cause or attempt to cause such employee to come into
3 contact with blood, masticated food, regurgitated food,
4 saliva, seminal fluid, or urine or feces, whether by throwing,
5 tossing, or expelling such fluid or material.
6 (b) Any person who violates paragraph (a) commits
7 battery of a facility employee, a felony of the third degree,
8 punishable as provided in s. 775.082, s. 775.083, or s.
9 775.084.
10 Section 3. Paragraphs (d), (f), and (g) of subsection
11 (3) of section 921.0022, Florida Statutes, are amended to
12 read:
13 921.0022 Criminal Punishment Code; offense severity
14 ranking chart.--
15 (3) OFFENSE SEVERITY RANKING CHART
16
17 Florida Felony
18 Statute Degree Description
19
20
21 (d) LEVEL 4
22 316.1935(3) 2nd Driving at high speed or with
23 wanton disregard for safety while
24 fleeing or attempting to elude
25 law enforcement officer who is in
26 a marked patrol vehicle with
27 siren and lights activated.
28 784.07(2)(b) 3rd Battery of law enforcement
29 officer, firefighter, intake
30 officer, etc.
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1 784.074(1)(c) 3rd Battery of sexually violent
2 predators facility staff.
3 784.075 3rd Battery on detention or
4 commitment facility staff.
5 784.078 3rd Battery of facility employee by
6 throwing, tossing, or expelling
7 certain fluids or materials.
8 784.08(2)(c) 3rd Battery on a person 65 years of
9 age or older.
10 784.081(3) 3rd Battery on specified official or
11 employee.
12 784.082(3) 3rd Battery by detained person on
13 visitor or other detainee.
14 784.083(3) 3rd Battery on code inspector.
15 784.085 3rd Battery of child by throwing,
16 tossing, projecting, or expelling
17 certain fluids or materials.
18 787.03(1) 3rd Interference with custody;
19 wrongly takes child from
20 appointed guardian.
21 787.04(2) 3rd Take, entice, or remove child
22 beyond state limits with criminal
23 intent pending custody
24 proceedings.
25 787.04(3) 3rd Carrying child beyond state lines
26 with criminal intent to avoid
27 producing child at custody
28 hearing or delivering to
29 designated person.
30 790.115(1) 3rd Exhibiting firearm or weapon
31 within 1,000 feet of a school.
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1 790.115(2)(b) 3rd Possessing electric weapon or
2 device, destructive device, or
3 other weapon on school property.
4 790.115(2)(c) 3rd Possessing firearm on school
5 property.
6 800.04(7)(d) 3rd Lewd or lascivious exhibition;
7 offender less than 18 years.
8 810.02(4)(a) 3rd Burglary, or attempted burglary,
9 of an unoccupied structure;
10 unarmed; no assault or battery.
11 810.02(4)(b) 3rd Burglary, or attempted burglary,
12 of an unoccupied conveyance;
13 unarmed; no assault or battery.
14 810.06 3rd Burglary; possession of tools.
15 810.08(2)(c) 3rd Trespass on property, armed with
16 firearm or dangerous weapon.
17 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
18 or more but less than $20,000.
19 812.014
20 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
21 firearm, motor vehicle,
22 livestock, etc.
23 817.563(1) 3rd Sell or deliver substance other
24 than controlled substance agreed
25 upon, excluding s. 893.03(5)
26 drugs.
27 828.125(1) 2nd Kill, maim, or cause great bodily
28 harm or permanent breeding
29 disability to any registered
30 horse or cattle.
31 837.02(1) 3rd Perjury in official proceedings.
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1 837.021(1) 3rd Make contradictory statements in
2 official proceedings.
3 843.021 3rd Possession of a concealed
4 handcuff key by a person in
5 custody.
6 843.025 3rd Deprive law enforcement,
7 correctional, or correctional
8 probation officer of means of
9 protection or communication.
10 843.15(1)(a) 3rd Failure to appear while on bail
11 for felony (bond estreature or
12 bond jumping).
13 874.05(1) 3rd Encouraging or recruiting another
14 to join a criminal street gang.
15 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
16 893.03(1)(a), (b), or (d),
17 (2)(a), (2)(b), or (2)(c)4.
18 drugs).
19 914.14(2) 3rd Witnesses accepting bribes.
20 914.22(1) 3rd Force, threaten, etc., witness,
21 victim, or informant.
22 914.23(2) 3rd Retaliation against a witness,
23 victim, or informant, no bodily
24 injury.
25 918.12 3rd Tampering with jurors.
26 (f) LEVEL 6
27 316.027(1)(b) 2nd Accident involving death, failure
28 to stop; leaving scene.
29 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
30 conviction.
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1 775.0875(1) 3rd Taking firearm from law
2 enforcement officer.
3 775.21(10) 3rd Sexual predators; failure to
4 register; failure to renew
5 driver's license or
6 identification card.
7 784.021(1)(a) 3rd Aggravated assault; deadly weapon
8 without intent to kill.
9 784.021(1)(b) 3rd Aggravated assault; intent to
10 commit felony.
11 784.041 3rd Felony battery.
12 784.048(3) 3rd Aggravated stalking; credible
13 threat.
14 784.048(5) 3rd Aggravated stalking of person
15 under 16.
16 784.07(2)(c) 2nd Aggravated assault on law
17 enforcement officer.
18 784.074(1)(b) 2nd Aggravated assault on sexually
19 violent predators facility staff.
20 784.08(2)(b) 2nd Aggravated assault on a person 65
21 years of age or older.
22 784.081(2) 2nd Aggravated assault on specified
23 official or employee.
24 784.082(2) 2nd Aggravated assault by detained
25 person on visitor or other
26 detainee.
27 784.083(2) 2nd Aggravated assault on code
28 inspector.
29 787.02(2) 3rd False imprisonment; restraining
30 with purpose other than those in
31 s. 787.01.
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1 790.115(2)(d) 2nd Discharging firearm or weapon on
2 school property.
3 790.161(2) 2nd Make, possess, or throw
4 destructive device with intent to
5 do bodily harm or damage
6 property.
7 790.164(1) 2nd False report of deadly explosive
8 or act of arson or violence to
9 state property.
10 790.19 2nd Shooting or throwing deadly
11 missiles into dwellings, vessels,
12 or vehicles.
13 794.011(8)(a) 3rd Solicitation of minor to
14 participate in sexual activity by
15 custodial adult.
16 794.05(1) 2nd Unlawful sexual activity with
17 specified minor.
18 800.04(5)(d) 3rd Lewd or lascivious molestation;
19 victim 12 years of age or older
20 but less than 16 years; offender
21 less than 18 years.
22 800.04(6)(b) 2nd Lewd or lascivious conduct;
23 offender 18 years of age or
24 older.
25 806.031(2) 2nd Arson resulting in great bodily
26 harm to firefighter or any other
27 person.
28 810.02(3)(c) 2nd Burglary of occupied structure;
29 unarmed; no assault or battery.
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1 812.014(2)(b) 2nd Property stolen $20,000 or more,
2 but less than $100,000, grand
3 theft in 2nd degree.
4 812.13(2)(c) 2nd Robbery, no firearm or other
5 weapon (strong-arm robbery).
6 817.034(4)(a)1. 1st Communications fraud, value
7 greater than $50,000.
8 817.4821(5) 2nd Possess cloning paraphernalia
9 with intent to create cloned
10 cellular telephones.
11 825.102(1) 3rd Abuse of an elderly person or
12 disabled adult.
13 825.102(3)(c) 3rd Neglect of an elderly person or
14 disabled adult.
15 825.1025(3) 3rd Lewd or lascivious molestation of
16 an elderly person or disabled
17 adult.
18 825.103(2)(c) 3rd Exploiting an elderly person or
19 disabled adult and property is
20 valued at less than $20,000.
21 827.03(1) 3rd Abuse of a child.
22 827.03(3)(c) 3rd Neglect of a child.
23 827.071(2)&(3) 2nd Use or induce a child in a sexual
24 performance, or promote or direct
25 such performance.
26 836.05 2nd Threats; extortion.
27 836.10 2nd Written threats to kill or do
28 bodily injury.
29 843.12 3rd Aids or assists person to escape.
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1 847.0135(3) 3rd Solicitation of a child, via a
2 computer service, to commit an
3 unlawful sex act.
4 914.23 2nd Retaliation against a witness,
5 victim, or informant, with bodily
6 injury.
7 943.0435(9) 3rd Sex offenders; failure to comply
8 with reporting requirements.
9 944.35(3)(a)2. 3rd Committing malicious battery upon
10 or inflicting cruel or inhuman
11 treatment on an inmate or
12 offender on community
13 supervision, resulting in great
14 bodily harm.
15 944.40 2nd Escapes.
16 944.46 3rd Harboring, concealing, aiding
17 escaped prisoners.
18 944.47(1)(a)5. 2nd Introduction of contraband
19 (firearm, weapon, or explosive)
20 into correctional facility.
21 951.22(1) 3rd Intoxicating drug, firearm, or
22 weapon introduced into county
23 facility.
24 (g) LEVEL 7
25 316.193(3)(c)2. 3rd DUI resulting in serious bodily
26 injury.
27 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
28 bodily injury.
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1 402.319(2) 2nd Misrepresentation and negligence
2 or intentional act resulting in
3 great bodily harm, permanent
4 disfiguration, permanent
5 disability, or death.
6 409.920(2) 3rd Medicaid provider fraud.
7 456.065(2) 3rd Practicing a health care
8 profession without a license.
9 456.065(2) 2nd Practicing a health care
10 profession without a license
11 which results in serious bodily
12 injury.
13 458.327(1) 3rd Practicing medicine without a
14 license.
15 459.013(1) 3rd Practicing osteopathic medicine
16 without a license.
17 460.411(1) 3rd Practicing chiropractic medicine
18 without a license.
19 461.012(1) 3rd Practicing podiatric medicine
20 without a license.
21 462.17 3rd Practicing naturopathy without a
22 license.
23 463.015(1) 3rd Practicing optometry without a
24 license.
25 464.016(1) 3rd Practicing nursing without a
26 license.
27 465.015(2) 3rd Practicing pharmacy without a
28 license.
29 466.026(1) 3rd Practicing dentistry or dental
30 hygiene without a license.
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1 467.201 3rd Practicing midwifery without a
2 license.
3 468.366 3rd Delivering respiratory care
4 services without a license.
5 483.828(1) 3rd Practicing as clinical laboratory
6 personnel without a license.
7 483.901(9) 3rd Practicing medical physics
8 without a license.
9 484.053 3rd Dispensing hearing aids without a
10 license.
11 494.0018(2) 1st Conviction of any violation of
12 ss. 494.001-494.0077 in which the
13 total money and property
14 unlawfully obtained exceeded
15 $50,000 and there were five or
16 more victims.
17 560.123(8)(b)1. 3rd Failure to report currency or
18 payment instruments exceeding
19 $300 but less than $20,000 by
20 money transmitter.
21 560.125(5)(a) 3rd Money transmitter business by
22 unauthorized person, currency or
23 payment instruments exceeding
24 $300 but less than $20,000.
25 655.50(10)(b)1. 3rd Failure to report financial
26 transactions exceeding $300 but
27 less than $20,000 by financial
28 institution.
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1 782.051(3) 2nd Attempted felony murder of a
2 person by a person other than the
3 perpetrator or the perpetrator of
4 an attempted felony.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 2nd Killing of human being or viable
10 fetus by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 2nd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 784.045(1)(a)1. 2nd Aggravated battery; intentionally
18 causing great bodily harm or
19 disfigurement.
20 784.045(1)(a)2. 2nd Aggravated battery; using deadly
21 weapon.
22 784.045(1)(b) 2nd Aggravated battery; perpetrator
23 aware victim pregnant.
24 784.048(4) 3rd Aggravated stalking; violation of
25 injunction or court order.
26 784.07(2)(d) 1st Aggravated battery on law
27 enforcement officer.
28 784.074(1)(a) 1st Aggravated battery on sexually
29 violent predators facility staff.
30 784.08(2)(a) 1st Aggravated battery on a person 65
31 years of age or older.
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1 784.081(1) 1st Aggravated battery on specified
2 official or employee.
3 784.082(1) 1st Aggravated battery by detained
4 person on visitor or other
5 detainee.
6 784.083(1) 1st Aggravated battery on code
7 inspector.
8 790.07(4) 1st Specified weapons violation
9 subsequent to previous conviction
10 of s. 790.07(1) or (2).
11 790.16(1) 1st Discharge of a machine gun under
12 specified circumstances.
13 790.166(3) 2nd Possessing, selling, using, or
14 attempting to use a hoax weapon
15 of mass destruction.
16 796.03 2nd Procuring any person under 16
17 years for prostitution.
18 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
19 victim less than 12 years of age;
20 offender less than 18 years.
21 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
22 victim 12 years of age or older
23 but less than 16 years; offender
24 18 years or older.
25 806.01(2) 2nd Maliciously damage structure by
26 fire or explosive.
27 810.02(3)(a) 2nd Burglary of occupied dwelling;
28 unarmed; no assault or battery.
29 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
30 unarmed; no assault or battery.
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1 810.02(3)(d) 2nd Burglary of occupied conveyance;
2 unarmed; no assault or battery.
3 812.014(2)(a) 1st Property stolen, valued at
4 $100,000 or more; property stolen
5 while causing other property
6 damage; 1st degree grand theft.
7 812.019(2) 1st Stolen property; initiates,
8 organizes, plans, etc., the theft
9 of property and traffics in
10 stolen property.
11 812.131(2)(a) 2nd Robbery by sudden snatching.
12 812.133(2)(b) 1st Carjacking; no firearm, deadly
13 weapon, or other weapon.
14 825.102(3)(b) 2nd Neglecting an elderly person or
15 disabled adult causing great
16 bodily harm, disability, or
17 disfigurement.
18 825.1025(2) 2nd Lewd or lascivious battery upon
19 an elderly person or disabled
20 adult.
21 825.103(2)(b) 2nd Exploiting an elderly person or
22 disabled adult and property is
23 valued at $20,000 or more, but
24 less than $100,000.
25 827.03(3)(b) 2nd Neglect of a child causing great
26 bodily harm, disability, or
27 disfigurement.
28 827.04(3) 3rd Impregnation of a child under 16
29 years of age by person 21 years
30 of age or older.
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1 837.05(2) 3rd Giving false information about
2 alleged capital felony to a law
3 enforcement officer.
4 872.06 2nd Abuse of a dead human body.
5 893.13(1)(c)1. 1st Sell, manufacture, or deliver
6 cocaine (or other drug prohibited
7 under s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), (2)(b), or
9 (2)(c)4.) within 1,000 feet of a
10 child care facility or school.
11 893.13(1)(e)1. 1st Sell, manufacture, or deliver
12 cocaine or other drug prohibited
13 under s. 893.03(1)(a), (1)(b),
14 (1)(d), (2)(a), (2)(b), or
15 (2)(c)4., within 1,000 feet of
16 property used for religious
17 services or a specified business
18 site.
19 893.13(4)(a) 1st Deliver to minor cocaine (or
20 other s. 893.03(1)(a), (1)(b),
21 (1)(d), (2)(a), (2)(b), or
22 (2)(c)4. drugs).
23 893.135(1)(a)1. 1st Trafficking in cannabis, more
24 than 50 lbs., less than 2,000
25 lbs.
26 893.135
27 (1)(b)1.a. 1st Trafficking in cocaine, more than
28 28 grams, less than 200 grams.
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1 893.135
2 (1)(c)1.a. 1st Trafficking in illegal drugs,
3 more than 4 grams, less than 14
4 grams.
5 893.135
6 (1)(d)1. 1st Trafficking in phencyclidine,
7 more than 28 grams, less than 200
8 grams.
9 893.135(1)(e)1. 1st Trafficking in methaqualone, more
10 than 200 grams, less than 5
11 kilograms.
12 893.135(1)(f)1. 1st Trafficking in amphetamine, more
13 than 14 grams, less than 28
14 grams.
15 893.135
16 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
17 grams or more, less than 14
18 grams.
19 893.135
20 (1)(h)1.a. 1st Trafficking in
21 gamma-hydroxybutyric acid (GHB),
22 1 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
26 kilogram or more, less then 5
27 kilograms.
28 893.135
29 (1)(j)2.a. 1st Trafficking in Phenethylamines,
30 10 grams or more, less than 200
31 grams.
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1 896.101(5)(a) 3rd Money laundering, financial
2 transactions exceeding $300 but
3 less than $20,000.
4 896.104(4)(a)1. 3rd Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions exceeding $300 but
8 less than $20,000.
9 Section 4. Section 945.35, Florida Statutes, is
10 amended to read:
11 945.35 Requirement for education on human
12 immunodeficiency virus, and acquired immune deficiency
13 syndrome, and other communicable diseases.--
14 (1) The Department of Corrections, in conjunction with
15 the Department of Health, shall establish a mandatory
16 introductory and continuing education program on human
17 immunodeficiency virus, and acquired immune deficiency
18 syndrome, and other communicable diseases for all inmates.
19 Programs shall be specifically designed for inmates while
20 incarcerated and in preparation for release into the
21 community. Consideration shall be given to cultural and other
22 relevant differences among inmates in the development of
23 educational materials and shall include emphasis on behavior
24 and attitude change. The education program shall be
25 continuously updated to reflect the latest medical information
26 available.
27 (2) The Department of Corrections, in conjunction with
28 the Department of Health, shall establish a mandatory
29 education program on human immunodeficiency virus, and
30 acquired immune deficiency syndrome, and other communicable
31 diseases with an emphasis on appropriate behavior and attitude
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1 change to be offered on an annual basis to all staff in
2 correctional facilities, including new staff.
3 (3) When there is evidence that an inmate, while in
4 the custody of the department, has engaged in behavior which
5 places the inmate at a high risk of transmitting or
6 contracting a human immunodeficiency disorder or other
7 communicable disease, the department may begin a testing
8 program which is consistent with guidelines of the Centers for
9 Disease Control and Prevention and recommendations of the
10 Correctional Medical Authority. For purposes of this
11 subsection, "high-risk behavior" includes:
12 (a) Sexual contact with any person.
13 (b) An altercation involving exposure to body fluids.
14 (c) The use of intravenous drugs.
15 (d) Tattooing.
16 (e) Any other activity medically known to transmit the
17 virus.
18 (4) The results of such tests shall become a part of
19 that inmate's medical file, accessible only to persons
20 designated by agency rule.
21 (5) If the department has reason to believe that an
22 inmate may have intentionally or unintentionally transmitted a
23 communicable disease to any correctional officer or any
24 employee of the department, or to any person lawfully present
25 in a correctional facility who is not incarcerated there, the
26 department shall, upon request of the affected correctional
27 officer, employee, or other person, cause the inmate who may
28 have transmitted the communicable disease to be promptly
29 tested for its presence and communicate the results as soon as
30 practicable to the person requesting the test be performed,
31 and to the inmate tested if the inmate so requests.
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1 (6) If the results of the test pursuant to subsection
2 (5) indicate the presence of a communicable disease, the
3 department shall provide appropriate access for counseling,
4 health care, and support services to the affected correctional
5 officer, employee, or other person, and to the inmate tested.
6 (7) The results of a test under subsections (5) and
7 (6) are inadmissible against the person tested in any federal
8 or state civil or criminal case or proceeding.
9 (8) The department shall promulgate rules to implement
10 subsections (5), (6), and (7). Such rules shall require that
11 the results of any tests are communicated only to a person
12 requesting the test and the inmate tested. Such rules shall
13 also provide for procedures designed to protect the privacy of
14 a person requesting that the test be performed and the privacy
15 of the inmate tested.
16 (9)(5) The department shall establish policies
17 consistent with guidelines of the Centers for Disease Control
18 and Prevention and recommendations of the Correctional Medical
19 Authority on the housing, physical contact, dining,
20 recreation, and exercise hours or locations for inmates with
21 immunodeficiency disorders as are medically indicated and
22 consistent with the proper operation of its facilities.
23 (10)(6) The department shall report to the Legislature
24 by March 1 each year as to the implementation of this program
25 and the participation by inmates and staff.
26 Section 5. Present subsections (4), (5), (6), and (7)
27 of section 806.13, Florida Statutes, are redesignated as
28 subsections (5), (6), (7), and (8), respectively, and new
29 subsection (4) is added to that section to read:
30 806.13 Criminal mischief; penalties; penalty for
31 minor.--
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1 (4) Any person who willfully and maliciously defaces,
2 injures, or damages by any means a sexually violent predator
3 detention or commitment facility, as defined in part V of
4 chapter 394, or any property contained therein, is guilty of a
5 felony of the third degree, punishable as provided in s.
6 775.082, s. 775.083, or s. 775.084, if the damage to property
7 is greater than $200.
8 Section 6. This act shall take effect October 1, 2001.
9
10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
11 Senate Bill 1318
12
13 1. Provides that the penalty for assaults on the staff for
the Sexually Violent Predator Program will be enhanced
14 one degree level. An aggravated battery will be enhanced
from a second degree felony to a first degree felony. An
15 aggravated assault will be enhanced from a third degree
felony to a second degree felony. A battery will be
16 enhanced from a first degree misdemeanor to a third
degree felony. An assault will be enhanced from a second
17 degree misdemeanor to a first degree misdemeanor.
18 2. Provides an offense severity ranking pursuant to s.
921.0022, F.S., for each of the crimes described in the
19 bill.
20 3. Provides that acts of criminal mischief directed at
property of the Sexually Violent Predator Program
21 facility exceeding $200 in damages constitutes a third
degree felony.
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