Florida Senate - 2017                                     SB 628
       
       
        
       By Senator Garcia
       
       36-00181B-17                                           2017628__
    1                        A bill to be entitled                      
    2         An act relating to transmission of disease through
    3         bodily fluids; amending s. 381.0041, F.S.;
    4         reclassifying a criminal offense relating to the
    5         donation of blood, plasma, organs, skin, or other
    6         human tissue; providing an exception to allow such
    7         donation when deemed medically appropriate by a
    8         licensed physician; amending s. 384.23, F.S.; defining
    9         the terms “sexual conduct” and “substantial risk of
   10         transmission”; amending s. 384.24, F.S.; expanding the
   11         scope of unlawful acts by a person infected with a
   12         sexually transmissible disease; amending s. 384.34,
   13         F.S.; reclassifying specified criminal offenses;
   14         eliminating a fine for specified rule violations;
   15         amending s. 775.0877, F.S.; requiring that a person
   16         who commits, rather than one who attempts to commit,
   17         an offense involving the transmission of semen or
   18         vaginal secretions must undergo HIV testing;
   19         eliminating the application of the section to certain
   20         offenses; revising disclosure requirements;
   21         reclassifying specified criminal offenses; amending s.
   22         796.08, F.S.; authorizing, rather than requiring, an
   23         infected arrestee to request, rather than to submit
   24         to, appropriate treatment; requiring the Department of
   25         Health to pay any costs associated with the screening
   26         of such arrestees; eliminating requirements that
   27         persons convicted of specified offenses undergo
   28         screening for a sexually transmitted disease;
   29         eliminating certain crimes related to prostitution;
   30         amending s. 960.003, F.S.; substantially revising the
   31         focus of the section from the testing of alleged
   32         perpetrators and the disclosure of results of that
   33         testing to the medical treatment and care of victims
   34         of sexual assault involving the exchange of bodily
   35         fluids presenting a substantial risk of HIV infection;
   36         revising legislative findings; requiring that the
   37         department refer such victims to medical services;
   38         requiring that the medical services include the offer
   39         of postexposure prophylaxis; requiring the department
   40         to ensure that certain out-of-pocket expenses to
   41         victims not exceed a specified amount; amending ss.
   42         381.004, 921.0022, and 951.27, F.S.; conforming
   43         provisions to changes made by the act; providing an
   44         effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Paragraph (b) of subsection (11) of section
   49  381.0041, Florida Statutes, is amended to read:
   50         381.0041 Donation and transfer of human tissue; testing
   51  requirements.—
   52         (11)
   53         (b) Except when the donation is deemed medically
   54  appropriate by a licensed physician, any person who has human
   55  immunodeficiency virus infection, who knows he or she is
   56  infected with human immunodeficiency virus, and who has been
   57  informed that he or she may communicate this disease by donating
   58  blood, plasma, organs, skin, or other human tissue who donates
   59  blood, plasma, organs, skin, or other human tissue commits is
   60  guilty of a misdemeanor felony of the first third degree,
   61  punishable as provided in s. 775.082 or, s. 775.083, or s.
   62  775.084.
   63         Section 2. Section 384.23, Florida Statutes, is amended to
   64  read:
   65         384.23 Definitions.—As used in this chapter, the term:
   66         (1) “Department” means the Department of Health.
   67         (2) “County health department” means agencies and entities
   68  as designated in chapter 154.
   69         (3)“Sexual conduct” means any sexual activity involving
   70  the physical contact of the sexual organs of a person with the
   71  genitals, mouth, or anus of another person, whether such persons
   72  are of the same or the opposite sex.
   73         (4)(3) “Sexually transmissible disease” means a bacterial,
   74  viral, fungal, or parasitic disease determined by rule of the
   75  department to be sexually transmissible, to be a threat to the
   76  public health and welfare, and to be a disease for which a
   77  legitimate public interest will be served by providing for
   78  prevention, elimination, control, and treatment. The department
   79  must, by rule, determine which diseases are to be designated as
   80  sexually transmissible diseases and shall consider the
   81  recommendations and classifications of the Centers for Disease
   82  Control and Prevention and other nationally recognized medical
   83  authorities in that determination. Not all diseases that are
   84  sexually transmissible need be designated for the purposes of
   85  this act.
   86         (5) “Substantial risk of transmission” means a reasonable
   87  probability of disease transmission as proven by competent
   88  medical or epidemiological evidence.
   89         Section 3. Section 384.24, Florida Statutes, is amended to
   90  read:
   91         384.24 Unlawful acts.—
   92         (1) It is unlawful for any person who has chancroid,
   93  gonorrhea, granuloma inguinale, lymphogranuloma venereum,
   94  genital herpes simplex, chlamydia, nongonococcal urethritis
   95  (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or
   96  syphilis, when such person knows he or she is infected with one
   97  or more of these diseases and when such person has been informed
   98  that he or she may communicate the this disease to another
   99  person through sexual conduct intercourse, to engage in have
  100  sexual conduct intercourse with any other person, unless such
  101  other person has been informed of the presence of the sexually
  102  transmissible disease and has consented to the sexual conduct
  103  intercourse.
  104         (2) It is unlawful for any person who has human
  105  immunodeficiency virus infection, when such person knows he or
  106  she is infected with this disease and when such person has been
  107  informed that he or she may communicate this disease to another
  108  person through sexual conduct intercourse, to engage in have
  109  sexual conduct intercourse with any other person, unless such
  110  other person has been informed of the presence of the sexually
  111  transmissible disease and has consented to the sexual conduct
  112  intercourse.
  113         Section 4. Section 384.34, Florida Statutes, is amended to
  114  read:
  115         384.34 Penalties.—
  116         (1) Any person who violates s. 384.24 the provisions of s.
  117  384.24(1) commits a misdemeanor of the first degree, punishable
  118  as provided in s. 775.082 or s. 775.083.
  119         (2) Any person who violates the provisions of s. 384.26 or
  120  s. 384.29 commits a misdemeanor of the first degree, punishable
  121  as provided in s. 775.082 or s. 775.083.
  122         (3) Any person who maliciously disseminates any false
  123  information or report concerning the existence of any sexually
  124  transmissible disease commits a misdemeanor of the first degree
  125  felony of the third degree, punishable as provided in s. 775.082
  126  or s. 775.083 ss. 775.082, 775.083, and 775.084.
  127         (4)Any person who violates the provisions of the
  128  department’s rules pertaining to sexually transmissible diseases
  129  may be punished by a fine not to exceed $500 for each violation.
  130  Any penalties enforced under this subsection shall be in
  131  addition to other penalties provided by this chapter. The
  132  department may enforce this section and adopt rules necessary to
  133  administer this section.
  134         (5) Any person who violates s. 384.24(2) commits a felony
  135  of the third degree, punishable as provided in s. 775.082, s.
  136  775.083, or s. 775.084. Any person who commits multiple
  137  violations of s. 384.24(2) commits a felony of the first degree,
  138  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  139         (4)(6) Any person who obtains information that identifies
  140  an individual who has a sexually transmissible disease, who knew
  141  or should have known the nature of the information and
  142  maliciously, or for monetary gain, disseminates this information
  143  or otherwise makes this information known to any other person,
  144  except by providing it either to a physician or nurse employed
  145  by the Department of Health or to a law enforcement agency,
  146  commits a misdemeanor of the first degree felony of the third
  147  degree, punishable as provided in s. 775.082 or, s. 775.083, or
  148  s. 775.084.
  149         Section 5. Section 775.0877, Florida Statutes, is amended
  150  to read:
  151         775.0877 Criminal transmission of HIV; procedures;
  152  penalties.—
  153         (1) In any case in which a person has been convicted of or
  154  has pled nolo contendere or guilty to, regardless of whether
  155  adjudication is withheld, any of the following offenses, or the
  156  attempt thereof, which offense or attempted offense involves the
  157  transmission of semen or vaginal secretions body fluids from one
  158  person to another:
  159         (a) Section 794.011, relating to sexual battery;
  160         (b) Section 826.04, relating to incest;
  161         (c) Section 800.04, relating to lewd or lascivious offenses
  162  committed upon or in the presence of persons less than 16 years
  163  of age;
  164         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
  165  relating to assault;
  166         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
  167  relating to aggravated assault;
  168         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
  169  relating to battery;
  170         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
  171  relating to aggravated battery;
  172         (h) Section 827.03(2)(c), relating to child abuse;
  173         (i) Section 827.03(2)(a), relating to aggravated child
  174  abuse;
  175         (j) Section 825.102(1), relating to abuse of an elderly
  176  person or disabled adult;
  177         (k) Section 825.102(2), relating to aggravated abuse of an
  178  elderly person or disabled adult;
  179         (l) Section 827.071, relating to sexual performance by
  180  person less than 18 years of age;
  181         (m) Sections 796.07 and 796.08, relating to prostitution;
  182         (n) Section 381.0041(11)(b), relating to donation of blood,
  183  plasma, organs, skin, or other human tissue; or
  184         (m)(o) Sections 787.06(3)(b), (d), (f), and (g), relating
  185  to human trafficking,
  186  
  187  the court shall order the offender to undergo HIV testing, to be
  188  performed under the direction of the Department of Health in
  189  accordance with s. 381.004, unless the offender has undergone
  190  HIV testing voluntarily or pursuant to procedures established in
  191  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
  192  rule providing for HIV testing of criminal offenders or inmates,
  193  subsequent to her or his arrest for an offense enumerated in
  194  paragraphs (a)­(l) (a)-(n) for which she or he was convicted or
  195  to which she or he pled nolo contendere or guilty. The results
  196  of an HIV test performed on an offender pursuant to this
  197  subsection are not admissible in any criminal proceeding arising
  198  out of the alleged offense.
  199         (2) The results of the HIV test must be disclosed under the
  200  direction of the Department of Health, to the offender who has
  201  been convicted of or pled nolo contendere or guilty to an
  202  offense specified in subsection (1) and to, the public health
  203  agency of the county in which the conviction occurred and, if
  204  different, the county of residence of the offender, and, upon
  205  request pursuant to s. 960.003, to the victim or the victim’s
  206  legal guardian, or the parent or legal guardian of the victim if
  207  the victim is a minor.
  208         (3) An offender who has undergone HIV testing pursuant to
  209  subsection (1), and to whom positive test results have been
  210  disclosed pursuant to subsection (2), who commits a second or
  211  subsequent offense enumerated in paragraphs (1)(a)­(l) which
  212  results in transmission of HIV to the victim (1)(a)-(n), commits
  213  criminal transmission of HIV, a misdemeanor of the first degree
  214  felony of the third degree, punishable as provided in s. 775.082
  215  or, s. 775.083, or s. 775.084. A person may be convicted and
  216  sentenced separately for a violation of this subsection and for
  217  the underlying crime enumerated in paragraphs (1)(a)­(l) (1)(a)
  218  (n).
  219         (4) An offender may challenge the positive results of an
  220  HIV test performed pursuant to this section and may introduce
  221  results of a backup test performed at her or his own expense.
  222         (5) Nothing in this section requires that an HIV infection
  223  have occurred in order for an offender to have committed
  224  criminal transmission of HIV.
  225         (5)(6) For an alleged violation of any offense enumerated
  226  in paragraphs (1)(a)­(l) (1)(a)-(n) for which the consent of the
  227  victim may be raised as a defense in a criminal prosecution, it
  228  is an affirmative defense to a charge of violating this section
  229  that the person exposed knew that the offender was infected with
  230  HIV, knew that the action being taken could result in
  231  transmission of the HIV infection, and consented to the action
  232  voluntarily with that knowledge.
  233         Section 6. Section 796.08, Florida Statutes, is amended to
  234  read:
  235         796.08 Screening for HIV and sexually transmissible
  236  diseases; providing penalties.—
  237         (1)(a) For the purposes of this section, the term “sexually
  238  transmissible disease” means a bacterial, viral, fungal, or
  239  parasitic disease, determined by rule of the Department of
  240  Health to be sexually transmissible, a threat to the public
  241  health and welfare, and a disease for which a legitimate public
  242  interest is served by providing for regulation and treatment.
  243         (b) In considering which diseases are designated as
  244  sexually transmissible diseases, the Department of Health shall
  245  consider such diseases as chancroid, gonorrhea, granuloma
  246  inguinale, lymphogranuloma venereum, genital herpes simplex,
  247  chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory
  248  disease (PID)/acute salpingitis, syphilis, and human
  249  immunodeficiency virus infection for designation and shall
  250  consider the recommendations and classifications of the Centers
  251  for Disease Control and Prevention and other nationally
  252  recognized authorities. Not all diseases that are sexually
  253  transmissible need be designated for purposes of this section.
  254         (2) A person arrested under s. 796.07 may request screening
  255  for a sexually transmissible disease under direction of the
  256  Department of Health and, if infected, may request shall submit
  257  to appropriate treatment and counseling. The Department of
  258  Health shall A person who requests screening for a sexually
  259  transmissible disease under this subsection must pay any costs
  260  associated with such screening.
  261         (3) A person convicted under s. 796.07 of prostitution or
  262  procuring another to commit prostitution must undergo screening
  263  for a sexually transmissible disease, including, but not limited
  264  to, screening to detect exposure to the human immunodeficiency
  265  virus, under direction of the Department of Health. If the
  266  person is infected, he or she must submit to treatment and
  267  counseling prior to release from probation, community control,
  268  or incarceration. Notwithstanding the provisions of s. 384.29,
  269  the results of tests conducted pursuant to this subsection shall
  270  be made available by the Department of Health to the offender,
  271  medical personnel, appropriate state agencies, state attorneys,
  272  and courts of appropriate jurisdiction in need of such
  273  information in order to enforce the provisions of this chapter.
  274         (4) A person who commits prostitution or procures another
  275  for prostitution and who, prior to the commission of such crime,
  276  had tested positive for a sexually transmissible disease other
  277  than human immunodeficiency virus infection and knew or had been
  278  informed that he or she had tested positive for such sexually
  279  transmissible disease and could possibly communicate such
  280  disease to another person through sexual activity commits a
  281  misdemeanor of the first degree, punishable as provided in s.
  282  775.082 or s. 775.083. A person may be convicted and sentenced
  283  separately for a violation of this subsection and for the
  284  underlying crime of prostitution or procurement of prostitution.
  285         (5) A person who:
  286         (a) Commits or offers to commit prostitution; or
  287         (b) Procures another for prostitution by engaging in sexual
  288  activity in a manner likely to transmit the human
  289  immunodeficiency virus,
  290  
  291  and who, prior to the commission of such crime, had tested
  292  positive for human immunodeficiency virus and knew or had been
  293  informed that he or she had tested positive for human
  294  immunodeficiency virus and could possibly communicate such
  295  disease to another person through sexual activity commits
  296  criminal transmission of HIV, a felony of the third degree,
  297  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  298  A person may be convicted and sentenced separately for a
  299  violation of this subsection and for the underlying crime of
  300  prostitution or procurement of prostitution.
  301         Section 7. Section 960.003, Florida Statutes, is amended to
  302  read:
  303         960.003 Preventive medical treatment and care for victims
  304  of sexual assault involving the exchange of bodily fluids
  305  presenting a substantial risk of transmission of HIV Hepatitis
  306  and HIV testing for persons charged with or alleged by petition
  307  for delinquency to have committed certain offenses; disclosure
  308  of results to victims.—
  309         (1) LEGISLATIVE FINDINGS INTENT.—The Legislature finds that
  310  victims of sexual assault involving the exchange of bodily
  311  fluids that present a substantial risk of transmission of the
  312  human immunodeficiency virus (HIV) should have access to
  313  appropriate medical care and affordable postexposure prophylaxis
  314  to prevent the acquisition of HIV a victim of a criminal offense
  315  which involves the transmission of body fluids, or which
  316  involves certain sexual offenses in which the victim is a minor,
  317  disabled adult, or elderly person, is entitled to know at the
  318  earliest possible opportunity whether the person charged with or
  319  alleged by petition for delinquency to have committed the
  320  offense has tested positive for hepatitis or human
  321  immunodeficiency virus (HIV) infection. The Legislature finds
  322  that to deny victims access to hepatitis and HIV test results
  323  causes unnecessary mental anguish in persons who have already
  324  suffered trauma. The Legislature further finds that since
  325  medical science now recognizes that early diagnosis is a
  326  critical factor in the treatment of hepatitis and HIV infection,
  327  both the victim and the person charged with or alleged by
  328  petition for delinquency to have committed the offense benefit
  329  from prompt disclosure of hepatitis and HIV test results.
  330         (2) REFERRAL TO MEDICAL SERVICES REQUIRED TESTING OF PERSON
  331  CHARGED WITH OR ALLEGED BY PETITION FOR DELINQUENCY TO HAVE
  332  COMMITTED CERTAIN OFFENSES.—
  333         (a) In The Department of Health shall refer for medical
  334  services any case in which a person who alleges that he or she
  335  has been the victim of a sexual assault involving an exchange of
  336  bodily fluids which presents a substantial risk of transmission
  337  of the human immunodeficiency virus (HIV). Such services must
  338  include the offer of postexposure prophylaxis (PEP) to prevent
  339  the acquisition of HIV. The Department of Health shall ensure
  340  that any person electing to take PEP under this subsection does
  341  not incur out-of-pocket expenses of more than $30 in obtaining
  342  this medication has been charged by information or indictment
  343  with or alleged by petition for delinquency to have committed
  344  any offense enumerated in s. 775.0877(1)(a)-(n), which involves
  345  the transmission of body fluids from one person to another, upon
  346  request of the victim or the victim’s legal guardian, or of the
  347  parent or legal guardian of the victim if the victim is a minor,
  348  the court shall order such person to undergo hepatitis and HIV
  349  testing within 48 hours after the information, indictment, or
  350  petition for delinquency is filed. In the event the victim or,
  351  if the victim is a minor, the victim’s parent or legal guardian
  352  requests hepatitis and HIV testing after 48 hours have elapsed
  353  from the filing of the indictment, information, or petition for
  354  delinquency, the testing shall be done within 48 hours after the
  355  request.
  356         (b) However, when a victim of any sexual offense enumerated
  357  in s. 775.0877(1)(a)-(n) is under the age of 18 at the time the
  358  offense was committed or when a victim of any sexual offense
  359  enumerated in s. 775.0877(1)(a)-(n) or s. 825.1025 is a disabled
  360  adult or elderly person as defined in s. 825.1025 regardless of
  361  whether the offense involves the transmission of bodily fluids
  362  from one person to another, then upon the request of the victim
  363  or the victim’s legal guardian, or of the parent or legal
  364  guardian, the court shall order such person to undergo hepatitis
  365  and HIV testing within 48 hours after the information,
  366  indictment, or petition for delinquency is filed. In the event
  367  the victim or, if the victim is a minor, the victim’s parent or
  368  legal guardian requests hepatitis and HIV testing after 48 hours
  369  have elapsed from the filing of the indictment, information, or
  370  petition for delinquency, the testing shall be done within 48
  371  hours after the request. The testing shall be performed under
  372  the direction of the Department of Health in accordance with s.
  373  381.004. The results of a hepatitis and HIV test performed on a
  374  defendant or juvenile offender pursuant to this subsection shall
  375  not be admissible in any criminal or juvenile proceeding arising
  376  out of the alleged offense.
  377         (c) If medically appropriate, followup HIV testing shall be
  378  provided when testing has been ordered under paragraph (a) or
  379  paragraph (b). The medical propriety of followup HIV testing
  380  shall be based upon a determination by a physician and does not
  381  require an additional court order. Notification to the victim,
  382  or to the victim’s parent or legal guardian, and to the
  383  defendant of the results of each followup test shall be made as
  384  soon as practicable in accordance with this section.
  385         (3) DISCLOSURE OF RESULTS.—
  386         (a) The results of the test shall be disclosed no later
  387  than 2 weeks after the court receives such results, under the
  388  direction of the Department of Health, to the person charged
  389  with or alleged by petition for delinquency to have committed or
  390  to the person convicted of or adjudicated delinquent for any
  391  offense enumerated in s. 775.0877(1)(a)-(n), which involves the
  392  transmission of body fluids from one person to another, and,
  393  upon request, to the victim or the victim’s legal guardian, or
  394  the parent or legal guardian of the victim if the victim is a
  395  minor, and to public health agencies pursuant to s. 775.0877. If
  396  the alleged offender is a juvenile, the test results shall also
  397  be disclosed to the parent or guardian. When the victim is a
  398  victim as described in paragraph (2)(b), the test results must
  399  also be disclosed no later than 2 weeks after the court receives
  400  such results, to the person charged with or alleged by petition
  401  for delinquency to have committed or to the person convicted of
  402  or adjudicated delinquent for any offense enumerated in s.
  403  775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
  404  offense involves the transmission of bodily fluids from one
  405  person to another, and, upon request, to the victim or the
  406  victim’s legal guardian, or the parent or legal guardian of the
  407  victim, and to public health agencies pursuant to s. 775.0877.
  408  Otherwise, hepatitis and HIV test results obtained pursuant to
  409  this section are confidential and exempt from the provisions of
  410  s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
  411  shall not be disclosed to any other person except as expressly
  412  authorized by law or court order.
  413         (b) At the time that the results are disclosed to the
  414  victim or the victim’s legal guardian, or to the parent or legal
  415  guardian of a victim if the victim is a minor, the same
  416  immediate opportunity for face-to-face counseling which must be
  417  made available under s. 381.004 to those who undergo hepatitis
  418  and HIV testing shall also be afforded to the victim or the
  419  victim’s legal guardian, or to the parent or legal guardian of
  420  the victim if the victim is a minor.
  421         (4) POSTCONVICTION TESTING.—If, for any reason, the testing
  422  requested under subsection (2) has not been undertaken, then
  423  upon request of the victim or the victim’s legal guardian, or
  424  the parent or legal guardian of the victim if the victim is a
  425  minor, the court shall order the offender to undergo hepatitis
  426  and HIV testing following conviction or delinquency
  427  adjudication. The testing shall be performed under the direction
  428  of the Department of Health, and the results shall be disclosed
  429  in accordance with the provisions of subsection (3).
  430         (5) EXCEPTIONS.—Subsections (2) and (4) do not apply if:
  431         (a) The person charged with or convicted of or alleged by
  432  petition for delinquency to have committed or been adjudicated
  433  delinquent for an offense described in subsection (2) has
  434  undergone hepatitis and HIV testing voluntarily or pursuant to
  435  procedures established in s. 381.004(2)(h)6. or s. 951.27, or
  436  any other applicable law or rule providing for hepatitis and HIV
  437  testing of criminal defendants, inmates, or juvenile offenders,
  438  subsequent to his or her arrest, conviction, or delinquency
  439  adjudication for the offense for which he or she was charged or
  440  alleged by petition for delinquency to have committed; and
  441         (b) The results of such hepatitis and HIV testing have been
  442  furnished to the victim or the victim’s legal guardian, or the
  443  parent or legal guardian of the victim if the victim is a minor.
  444         (6) TESTING DURING INCARCERATION, DETENTION, OR PLACEMENT;
  445  DISCLOSURE.—In any case in which a person convicted of or
  446  adjudicated delinquent for an offense described in subsection
  447  (2) has not been tested under subsection (2), but undergoes
  448  hepatitis and HIV testing during his or her incarceration,
  449  detention, or placement, the results of the initial hepatitis
  450  and HIV testing shall be disclosed in accordance with subsection
  451  (3). Except as otherwise requested by the victim or the victim’s
  452  legal guardian, or the parent or guardian of the victim if the
  453  victim is a minor, if the initial test is conducted within the
  454  first year of the imprisonment, detention, or placement, the
  455  request for disclosure shall be considered a standing request
  456  for any subsequent hepatitis and HIV test results obtained
  457  within 1 year after the initial hepatitis and HIV tests are
  458  performed, and need not be repeated for each test
  459  administration. Where the inmate or juvenile offender has
  460  previously been tested pursuant to subsection (2) the request
  461  for disclosure under this subsection shall be considered a
  462  standing request for subsequent hepatitis and HIV results
  463  conducted within 1 year of the test performed pursuant to
  464  subsection (2). If the hepatitis and HIV testing is performed by
  465  an agency other than the Department of Health, that agency shall
  466  be responsible for forwarding the test results to the Department
  467  of Health for disclosure in accordance with the provisions of
  468  subsection (3). This subsection shall not be limited to results
  469  of hepatitis and HIV tests administered subsequent to June 27,
  470  1990, but shall also apply to the results of all hepatitis and
  471  HIV tests performed on inmates convicted of or juvenile
  472  offenders adjudicated delinquent for sex offenses as described
  473  in subsection (2) during their incarceration, detention, or
  474  placement prior to June 27, 1990.
  475         Section 8. Paragraphs (f) and (h) of subsection (2) of
  476  section 381.004, Florida Statutes, are amended to read:
  477         381.004 HIV testing.—
  478         (2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT;
  479  RESULTS; COUNSELING; CONFIDENTIALITY.—
  480         (f) Except as provided in this section, the identity of a
  481  person upon whom a test has been performed is confidential and
  482  exempt from the provisions of s. 119.07(1). No person to whom
  483  the results of a test have been disclosed may disclose the test
  484  results to another person except as authorized by this
  485  subsection and by s. 951.27 ss. 951.27 and 960.003. Whenever
  486  disclosure is made pursuant to this subsection, it shall be
  487  accompanied by a statement in writing which includes the
  488  following or substantially similar language: “This information
  489  has been disclosed to you from records whose confidentiality is
  490  protected by state law. State law prohibits you from making any
  491  further disclosure of such information without the specific
  492  written consent of the person to whom such information pertains,
  493  or as otherwise permitted by state law. A general authorization
  494  for the release of medical or other information is NOT
  495  sufficient for this purpose.” An oral disclosure shall be
  496  accompanied by oral notice and followed by a written notice
  497  within 10 days, except that this notice shall not be required
  498  for disclosures made pursuant to subparagraphs (e)3. and 4.
  499         (h) Paragraph (a) does not apply:
  500         1. When testing for sexually transmissible diseases is
  501  required by state or federal law, or by rule, including the
  502  following situations:
  503         a. HIV testing pursuant to s. 796.08 of persons convicted
  504  of prostitution or of procuring another to commit prostitution.
  505         b. HIV testing of inmates pursuant to s. 945.355 before
  506  their release from prison by reason of parole, accumulation of
  507  gain-time credits, or expiration of sentence.
  508         b.c. Testing for HIV by a medical examiner in accordance
  509  with s. 406.11.
  510         c.d. HIV testing of pregnant women pursuant to s. 384.31.
  511         2. To those exceptions provided for blood, plasma, organs,
  512  skin, semen, or other human tissue pursuant to s. 381.0041.
  513         3. For the performance of an HIV-related test by licensed
  514  medical personnel in bona fide medical emergencies if the test
  515  results are necessary for medical diagnostic purposes to provide
  516  appropriate emergency care or treatment to the person being
  517  tested and the patient is unable to consent, as supported by
  518  documentation in the medical record. Notification of test
  519  results in accordance with paragraph (c) is required.
  520         4. For the performance of an HIV-related test by licensed
  521  medical personnel for medical diagnosis of acute illness where,
  522  in the opinion of the attending physician, providing
  523  notification would be detrimental to the patient, as supported
  524  by documentation in the medical record, and the test results are
  525  necessary for medical diagnostic purposes to provide appropriate
  526  care or treatment to the person being tested. Notification of
  527  test results in accordance with paragraph (c) is required if it
  528  would not be detrimental to the patient. This subparagraph does
  529  not authorize the routine testing of patients for HIV infection
  530  without notification.
  531         5. If HIV testing is performed as part of an autopsy for
  532  which consent was obtained pursuant to s. 872.04.
  533         6. For the performance of an HIV test upon a defendant
  534  pursuant to the victim’s request in a prosecution for any type
  535  of sexual battery where a blood sample is taken from the
  536  defendant voluntarily, pursuant to court order for any purpose,
  537  or pursuant to s. 775.0877 or, s. 951.27, or s. 960.003;
  538  however, the results of an HIV test performed shall be disclosed
  539  solely to the victim and the defendant, except as provided in
  540  ss. 775.0877 and, 951.27, and 960.003.
  541         7. If an HIV test is mandated by court order.
  542         8. For epidemiological research pursuant to s. 381.0031,
  543  for research consistent with institutional review boards created
  544  by 45 C.F.R. part 46, or for the performance of an HIV-related
  545  test for the purpose of research, if the testing is performed in
  546  a manner by which the identity of the test subject is not known
  547  and may not be retrieved by the researcher.
  548         9. If human tissue is collected lawfully without the
  549  consent of the donor for corneal removal as authorized by s.
  550  765.5185 or enucleation of the eyes as authorized by s. 765.519.
  551         10. For the performance of an HIV test upon an individual
  552  who comes into contact with medical personnel in such a way that
  553  a significant exposure has occurred during the course of
  554  employment, within the scope of practice, or during the course
  555  of providing emergency medical assistance to the individual. The
  556  term “medical personnel” includes a licensed or certified health
  557  care professional; an employee of a health care professional or
  558  health care facility; employees of a laboratory licensed under
  559  chapter 483; personnel of a blood bank or plasma center; a
  560  medical student or other student who is receiving training as a
  561  health care professional at a health care facility; and a
  562  paramedic or emergency medical technician certified by the
  563  department to perform life-support procedures under s. 401.23.
  564         a. The occurrence of a significant exposure shall be
  565  documented by medical personnel under the supervision of a
  566  licensed physician and recorded only in the personnel record of
  567  the medical personnel.
  568         b. Costs of an HIV test shall be borne by the medical
  569  personnel or the employer of the medical personnel. However,
  570  costs of testing or treatment not directly related to the
  571  initial HIV tests or costs of subsequent testing or treatment
  572  may not be borne by the medical personnel or the employer of the
  573  medical personnel.
  574         c. In order to use the provisions of this subparagraph, the
  575  medical personnel must be tested for HIV pursuant to this
  576  section or provide the results of an HIV test taken within 6
  577  months before the significant exposure if such test results are
  578  negative.
  579         d. A person who receives the results of an HIV test
  580  pursuant to this subparagraph shall maintain the confidentiality
  581  of the information received and of the persons tested. Such
  582  confidential information is exempt from s. 119.07(1).
  583         e. If the source of the exposure is not available and will
  584  not voluntarily present himself or herself to a health facility
  585  to be tested for HIV, the medical personnel or the employer of
  586  such person acting on behalf of the employee may seek a court
  587  order directing the source of the exposure to submit to HIV
  588  testing. A sworn statement by a physician licensed under chapter
  589  458 or chapter 459 that a significant exposure has occurred and
  590  that, in the physician’s medical judgment, testing is medically
  591  necessary to determine the course of treatment constitutes
  592  probable cause for the issuance of an order by the court. The
  593  results of the test shall be released to the source of the
  594  exposure and to the person who experienced the exposure.
  595         11. For the performance of an HIV test upon an individual
  596  who comes into contact with nonmedical personnel in such a way
  597  that a significant exposure has occurred while the nonmedical
  598  personnel provides emergency medical assistance during a medical
  599  emergency. For the purposes of this subparagraph, a medical
  600  emergency means an emergency medical condition outside of a
  601  hospital or health care facility that provides physician care.
  602  The test may be performed only during the course of treatment
  603  for the medical emergency.
  604         a. The occurrence of a significant exposure shall be
  605  documented by medical personnel under the supervision of a
  606  licensed physician and recorded in the medical record of the
  607  nonmedical personnel.
  608         b. Costs of any HIV test shall be borne by the nonmedical
  609  personnel or the employer of the nonmedical personnel. However,
  610  costs of testing or treatment not directly related to the
  611  initial HIV tests or costs of subsequent testing or treatment
  612  may not be borne by the nonmedical personnel or the employer of
  613  the nonmedical personnel.
  614         c. In order to use the provisions of this subparagraph, the
  615  nonmedical personnel shall be tested for HIV pursuant to this
  616  section or shall provide the results of an HIV test taken within
  617  6 months before the significant exposure if such test results
  618  are negative.
  619         d. A person who receives the results of an HIV test
  620  pursuant to this subparagraph shall maintain the confidentiality
  621  of the information received and of the persons tested. Such
  622  confidential information is exempt from s. 119.07(1).
  623         e. If the source of the exposure is not available and will
  624  not voluntarily present himself or herself to a health facility
  625  to be tested for HIV, the nonmedical personnel or the employer
  626  of the nonmedical personnel acting on behalf of the employee may
  627  seek a court order directing the source of the exposure to
  628  submit to HIV testing. A sworn statement by a physician licensed
  629  under chapter 458 or chapter 459 that a significant exposure has
  630  occurred and that, in the physician’s medical judgment, testing
  631  is medically necessary to determine the course of treatment
  632  constitutes probable cause for the issuance of an order by the
  633  court. The results of the test shall be released to the source
  634  of the exposure and to the person who experienced the exposure.
  635         12. For the performance of an HIV test by the medical
  636  examiner or attending physician upon an individual who expired
  637  or could not be resuscitated while receiving emergency medical
  638  assistance or care and who was the source of a significant
  639  exposure to medical or nonmedical personnel providing such
  640  assistance or care.
  641         a. HIV testing may be conducted only after appropriate
  642  medical personnel under the supervision of a licensed physician
  643  documents in the medical record of the medical personnel or
  644  nonmedical personnel that there has been a significant exposure
  645  and that, in accordance with the written protocols based on the
  646  National Centers for Disease Control and Prevention guidelines
  647  on HIV postexposure prophylaxis and in the physician’s medical
  648  judgment, the information is medically necessary to determine
  649  the course of treatment for the medical personnel or nonmedical
  650  personnel.
  651         b. Costs of an HIV test performed under this subparagraph
  652  may not be charged to the deceased or to the family of the
  653  deceased person.
  654         c. For this subparagraph to be applicable, the medical
  655  personnel or nonmedical personnel must be tested for HIV under
  656  this section or must provide the results of an HIV test taken
  657  within 6 months before the significant exposure if such test
  658  results are negative.
  659         d. A person who receives the results of an HIV test
  660  pursuant to this subparagraph shall comply with paragraph (e).
  661         13. For the performance of an HIV-related test medically
  662  indicated by licensed medical personnel for medical diagnosis of
  663  a hospitalized infant as necessary to provide appropriate care
  664  and treatment of the infant if, after a reasonable attempt, a
  665  parent cannot be contacted to provide consent. The medical
  666  records of the infant must reflect the reason consent of the
  667  parent was not initially obtained. Test results shall be
  668  provided to the parent when the parent is located.
  669         14. For the performance of HIV testing conducted to monitor
  670  the clinical progress of a patient previously diagnosed to be
  671  HIV positive.
  672         15. For the performance of repeated HIV testing conducted
  673  to monitor possible conversion from a significant exposure.
  674         Section 9. Paragraph (e) of subsection (3) of section
  675  921.0022, Florida Statutes, is amended to read:
  676         921.0022 Criminal Punishment Code; offense severity ranking
  677  chart.—
  678         (3) OFFENSE SEVERITY RANKING CHART
  679         (e) LEVEL 5
  680  
  681  FloridaStatute             FelonyDegree        Description        
  682  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  683  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  684  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  685  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  686  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  687  379.365(2)(c)1.                3rd     Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  688  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  689  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  690  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  691  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  692  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  693  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  694  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  695  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  696  790.01(2)                      3rd     Carrying a concealed firearm.
  697  790.162                        2nd     Threat to throw or discharge destructive device.
  698  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  699  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  700  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  701  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  702  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  703  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  704  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  705  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  706  812.015(8)                     3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  707  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  708  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  709  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  710  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  711  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  712  817.2341(1), (2)(a) & (3)(a)    3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  713  817.568(2)(b)                  2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  714  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  715  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device or reencoder.
  716  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  717  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  718  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  719  839.13(2)(b)                   2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  720  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  721  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  722  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  723  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  724  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  725  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  726  893.13(1)(a)1.                 2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  727  893.13(1)(c)2.                 2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  728  893.13(1)(d)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
  729  893.13(1)(e)2.                 2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  730  893.13(1)(f)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
  731  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  732  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  733  
  734         Section 10. Subsection (2) of section 951.27, Florida
  735  Statutes, is amended to read:
  736         951.27 Blood tests of inmates.—
  737         (2) Except as otherwise provided in this subsection,
  738  serologic blood test results obtained pursuant to subsection (1)
  739  are confidential and exempt from the provisions of s. 119.07(1)
  740  and s. 24(a), Art. I of the State Constitution. However, such
  741  results may be provided to employees or officers of the sheriff
  742  or chief correctional officer who are responsible for the
  743  custody and care of the affected inmate and have a need to know
  744  such information, and as provided in s. 775.0877 ss. 775.0877
  745  and 960.003. In addition, upon request of the victim or the
  746  victim’s legal guardian, or the parent or legal guardian of the
  747  victim if the victim is a minor, the results of any HIV test
  748  performed on an inmate who has been arrested for any sexual
  749  offense involving oral, anal, or vaginal penetration by, or
  750  union with, the sexual organ of another, shall be disclosed to
  751  the victim or the victim’s legal guardian, or to the parent or
  752  legal guardian of the victim if the victim is a minor. In such
  753  cases, the county or municipal detention facility shall furnish
  754  the test results to the Department of Health, which is
  755  responsible for disclosing the results to public health agencies
  756  as provided in s. 775.0877 and to the victim or the victim’s
  757  legal guardian, or the parent or legal guardian of the victim if
  758  the victim is a minor, as provided in s. 960.003(3).
  759         Section 11. This act shall take effect July 1, 2017.