Senate Bill sb1318er

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  1                                 

  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


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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.

31  


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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


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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.

31  


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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.

31  


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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.

30  

31  


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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.

30  

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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.

29  

30  

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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.

31  


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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.

29  

30  

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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.

31  


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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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    ENROLLED

    2001 Legislature                                CS for SB 1318



  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.

29  

30  

31  


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    ENROLLED

    2001 Legislature                                CS for SB 1318



  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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    ENROLLED

    2001 Legislature                                CS for SB 1318



  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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    2001 Legislature                                CS for SB 1318



  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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    ENROLLED

    2001 Legislature                                CS for SB 1318



  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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    2001 Legislature                                CS for SB 1318



  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  

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