Senate Bill sb2600

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2600

    By Senator Geller





    31-1322A-06

  1                      A bill to be entitled

  2         An act relating to screening for communicable

  3         diseases; providing legislative intent;

  4         amending s. 384.287, F.S.; providing that

  5         certain specified officers who have been

  6         significantly exposed to a person in the line

  7         of duty may demand that the person, without

  8         need for a court order, be screened for HIV,

  9         AIDS, hepatitis B, or hepatitis C; detailing

10         the criteria that are the precondition for the

11         screening to take place; providing that if the

12         officer elects to demand that the person be

13         screened, the officer must agree to be screened

14         for the same communicable diseases for which

15         the person is being screened; providing an

16         effective date.

17  

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

19  

20         Section 1.  The Legislature finds that communicable

21  diseases pose a major threat to the health and safety of the

22  public and particularly to the health and safety of law

23  enforcement officers, firefighters, paramedics, and others who

24  may come into contact with infected persons during the normal

25  course of their assigned responsibilities and duties. The

26  Legislature finds that, to date, these public servants have

27  not been adequately protected by law. The purpose of this act

28  is to require the testing of certain persons for communicable

29  diseases to ensure that law enforcement officers,

30  firefighters, paramedics, and others are not placed at risk in

31  the performance of their official duties.

                                  1

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






    Florida Senate - 2006                                  SB 2600
    31-1322A-06




 1         Section 2.  Subsection (7) is added to section 384.287,

 2  Florida Statutes, to read:

 3         384.287  Screening for sexually transmissible

 4  disease.--

 5         (7)(a)  Notwithstanding the procedures set forth in

 6  subsection (1), an officer described in subsection (1) who

 7  comes into contact with a person in such a way that

 8  significant exposure, as defined in s. 381.004, has occurred

 9  may demand that the person, without need for a court order, be

10  screened for HIV, AIDS, hepatitis B, or hepatitis C.

11         (b)1.  In order for the officer to make a demand for

12  screening under this subsection the person to be screened must

13  have used physical force to resist arrest, have interfered

14  when the officer was arresting another person, or be charged

15  with battery on a law enforcement officer under s. 784.07; and

16         2.  The officer must make a demand for the screening

17  within 72 hours after the significant exposure.

18         (c)  If the officer elects to demand that the person be

19  screened, the officer subjected to the significant exposure

20  must agree to be screened for the same communicable diseases

21  for which the person is being screened.

22         (d)  All blood screenings conducted under this

23  subsection must be conducted by the department or the

24  department's authorized representative or by medical personnel

25  at a facility designated by the department. All other

26  provisions of this section apply to a screening conducted

27  under this subsection.

28         Section 3.  This act shall take effect July 1, 2006.

29  

30  

31  

                                  2

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






    Florida Senate - 2006                                  SB 2600
    31-1322A-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides that certain specified officers who have been
      significantly exposed to a person in the line of duty may
 4    demand that the person, without need for a court order,
      be screened for HIV, AIDS, hepatitis B, or hepatitis C.
 5    Details the criteria that are the precondition for the
      screening to take place. Provides that if the officer
 6    elects to demand that the person be screened, the officer
      must agree to be screened for the same communicable
 7    diseases for which the person is being screened.

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

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