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A bill to be entitled

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An act relating to HIV testing in prisons; creating s.

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945.351, F.S.; defining the term "HIV test"; requiring the

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Department of Corrections to perform an HIV test upon

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inmates upon entry into prison; requiring the department

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to record the results of an inmate's HIV test in his or

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her medical record; requiring an HIV-positive inmate to

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participate in an education program regarding HIV;

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providing sovereign immunity to the state and its

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agencies, subdivisions, and employees regarding the death

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or personal injury of an inmate arising from compliance

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with the act; providing an effective date.

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

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     Section 1.  Section 945.351, Florida Statutes, is created to

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read:

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     945.351 HIV testing of inmates upon entry into prison.--

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     (1) As used in this section, the term "HIV test" means a

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test ordered to determine the presence of the antibody or antigen

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to human immunodeficiency virus or the presence of human

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immunodeficiency virus infection.

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     (2) If an inmate's HIV status is unknown to the department,

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the department shall, pursuant to s. 381.004(3), perform an HIV

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test on the inmate within 14 days after the inmate enters prison.

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An inmate who is known to the department to be HIV positive or

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who has been tested within the previous year and does not request

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retesting need not be tested under this section but is subject to

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s. 945.35(1).

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     (3) The department shall record the results of the HIV test

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in the inmate's medical record.

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     (4) Each inmate who is known to be HIV positive or who has

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received a positive HIV test result under this section shall

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participate in the department's education program under s.

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945.35(1). This program shall include, but need not be limited

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to, education concerning preventing the transmission of HIV to

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others and the importance of receiving followup care and

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treatment.

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     (5) Notwithstanding any provision of law providing for a

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waiver of sovereign immunity, the state, its agencies, or

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subdivisions, or any employees of the state, its agencies, or

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subdivisions, are not liable to any person for negligently

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causing death or personal injury arising out of compliance with

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this section.

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     Section 2.  This act shall take effect upon becoming a law.