Bill Text: FL S0628 | 2017 | Regular Session | Comm Sub


Bill Title: Transmission of Disease Through Bodily Fluids

Spectrum:

Status: (Failed) 2017-05-05 - Died in Health Policy [S0628 Detail]

Download: Florida-2017-S0628-Comm_Sub.html
       Florida Senate - 2017                              CS for SB 628
       
       
        
       By the Committee on Criminal Justice; and Senators Garcia and
       Campbell
       
       
       
       
       591-02665-17                                           2017628c1
    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; expanding the list of
   13         sexually transmittable diseases; specifying that a
   14         certain act is unlawful if the person committing the
   15         act acts with the intent to transmit a specified
   16         disease, engages in conduct that poses a substantial
   17         risk of transmission of that disease to another person
   18         who is unaware that the person who transmits the
   19         disease is a carrier of the disease, and actually
   20         transmits the disease; providing that certain actions
   21         are not sufficient to establish intent on the part of
   22         the person who transmits the disease; amending s.
   23         384.34, F.S.; reclassifying specified criminal
   24         offenses; eliminating a fine for specified rule
   25         violations; amending s. 775.0877, F.S.; requiring that
   26         a person who commits, rather than one who attempts to
   27         commit, an offense involving the transmission of semen
   28         or vaginal secretions must undergo HIV testing;
   29         eliminating the application of the section to certain
   30         offenses; revising disclosure requirements;
   31         reclassifying specified criminal offenses; amending s.
   32         796.08, F.S.; requiring an infected arrestee to submit
   33         to appropriate treatment; requiring the Department of
   34         Health to pay any costs associated with the screening
   35         of such arrestees; requiring that the medical services
   36         include the offer of postexposure prophylaxis;
   37         requiring the department to ensure that certain out
   38         of-pocket expenses to victims not exceed a specified
   39         amount; eliminating requirements that persons
   40         convicted of specified offenses undergo screening for
   41         a sexually transmitted disease; amending s. 960.003,
   42         F.S.; revising legislative findings; requiring that
   43         the department refer such victims to medical services;
   44         requiring that the medical services include the offer
   45         of postexposure prophylaxis; requiring the department
   46         to ensure that certain out-of-pocket expenses to
   47         victims not exceed a specified amount; correcting
   48         cross-references; amending s. 921.0022, F.S.;
   49         conforming provisions to changes made by the act;
   50         providing an effective date.
   51          
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Paragraph (b) of subsection (11) of section
   55  381.0041, Florida Statutes, is amended to read:
   56         381.0041 Donation and transfer of human tissue; testing
   57  requirements.—
   58         (11)
   59         (b) Except when the donation is deemed medically
   60  appropriate by a licensed physician, any person who has human
   61  immunodeficiency virus infection, who knows he or she is
   62  infected with human immunodeficiency virus, and who has been
   63  informed that he or she may communicate this disease by donating
   64  blood, plasma, organs, skin, or other human tissue who donates
   65  blood, plasma, organs, skin, or other human tissue commits is
   66  guilty of a misdemeanor felony of the first third degree,
   67  punishable as provided in s. 775.082 or, s. 775.083, or s.
   68  775.084.
   69         Section 2. Section 384.23, Florida Statutes, is amended to
   70  read:
   71         384.23 Definitions.—As used in this chapter, the term:
   72         (1) “Department” means the Department of Health.
   73         (2) “County health department” means agencies and entities
   74  as designated in chapter 154.
   75         (3)“Sexual conduct” means conduct between persons,
   76  regardless of gender, which is capable of transmitting a
   77  sexually transmissible disease, including, but not limited to,
   78  contact between a:
   79         (a) Penis and a vulva or an anus; or
   80         (b) Mouth and a penis, a vulva, or an anus.
   81         (4)(3) “Sexually transmissible disease” means a bacterial,
   82  viral, fungal, or parasitic disease determined by rule of the
   83  department to be sexually transmissible, to be a threat to the
   84  public health and welfare, and to be a disease for which a
   85  legitimate public interest will be served by providing for
   86  prevention, elimination, control, and treatment. The department
   87  must, by rule, determine which diseases are to be designated as
   88  sexually transmissible diseases and shall consider the
   89  recommendations and classifications of the Centers for Disease
   90  Control and Prevention and other nationally recognized medical
   91  authorities in that determination. Not all diseases that are
   92  sexually transmissible need be designated for the purposes of
   93  this act.
   94         (5) “Substantial risk of transmission” means a reasonable
   95  probability of disease transmission as proven by competent
   96  medical or epidemiological evidence.
   97         Section 3. Section 384.24, Florida Statutes, is amended to
   98  read:
   99         384.24 Unlawful acts.—
  100         (1) It is unlawful for a any person who has chancroid,
  101  gonorrhea, granuloma inguinale, lymphogranuloma venereum,
  102  genital herpes simplex, chlamydia, nongonococcal urethritis
  103  (NGU), pelvic inflammatory disease (PID)/acute salpingitis,
  104  human papillomavirus, hepatitis, or syphilis, or human
  105  immunodeficiency virus infection, when the such person knows he
  106  or she is infected with one or more of these diseases and when
  107  the such person has been informed that he or she may communicate
  108  this disease to another person through sexual conduct
  109  intercourse, to act with the intent to transmit the disease,
  110  engage in conduct that poses a substantial risk of transmission
  111  to another person when the other person is unaware that the
  112  person is a carrier of the disease, and transmit the disease to
  113  the other person have sexual intercourse with any other person,
  114  unless such other person has been informed of the presence of
  115  the sexually transmissible disease and has consented to the
  116  sexual intercourse.
  117         (2) A person does not act with the intent required under
  118  subsection (1) if he or she in good faith complies with a
  119  treatment regimen prescribed by his or her health care provider
  120  or with the behavioral recommendations of his or her health care
  121  provider or public health officials, or if he or she offers to
  122  comply, but that offer is rejected by the other person. For
  123  purposes of this section, the term “behavioral recommendations”
  124  includes, but is not limited to, the use of a prophylactic
  125  device to measurably limit the risk of transmission of the
  126  disease. Evidence of the person’s failure to comply with such a
  127  treatment regimen or such behavioral recommendations is not, in
  128  and of itself, sufficient to establish that he or she acted with
  129  the intent required under subsection (1) It is unlawful for any
  130  person who has human immunodeficiency virus infection, when such
  131  person knows he or she is infected with this disease and when
  132  such person has been informed that he or she may communicate
  133  this disease to another person through sexual intercourse, to
  134  have sexual intercourse with any other person, unless such other
  135  person has been informed of the presence of the sexually
  136  transmissible disease and has consented to the sexual
  137  intercourse.
  138         Section 4. Section 384.34, Florida Statutes, is amended to
  139  read:
  140         384.34 Penalties.—
  141         (1) Any person who violates s. 384.24 the provisions of s.
  142  384.24(1) commits a misdemeanor of the first degree, punishable
  143  as provided in s. 775.082 or s. 775.083.
  144         (2) Any person who violates the provisions of s. 384.26 or
  145  s. 384.29 commits a misdemeanor of the first degree, punishable
  146  as provided in s. 775.082 or s. 775.083.
  147         (3) Any person who maliciously disseminates any false
  148  information or report concerning the existence of any sexually
  149  transmissible disease commits a misdemeanor of the first degree
  150  felony of the third degree, punishable as provided in s. 775.082
  151  or s. 775.083 ss. 775.082, 775.083, and 775.084.
  152         (4)Any person who violates the provisions of the
  153  department’s rules pertaining to sexually transmissible diseases
  154  may be punished by a fine not to exceed $500 for each violation.
  155  Any penalties enforced under this subsection shall be in
  156  addition to other penalties provided by this chapter. The
  157  department may enforce this section and adopt rules necessary to
  158  administer this section.
  159         (5) Any person who violates s. 384.24(2) commits a felony
  160  of the third degree, punishable as provided in s. 775.082, s.
  161  775.083, or s. 775.084. Any person who commits multiple
  162  violations of s. 384.24(2) commits a felony of the first degree,
  163  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  164         (4)(6) Any person who obtains information that identifies
  165  an individual who has a sexually transmissible disease, who knew
  166  or should have known the nature of the information and
  167  maliciously, or for monetary gain, disseminates this information
  168  or otherwise makes this information known to any other person,
  169  except by providing it either to a physician or nurse employed
  170  by the Department of Health or to a law enforcement agency,
  171  commits a misdemeanor of the first degree felony of the third
  172  degree, punishable as provided in s. 775.082 or, s. 775.083, or
  173  s. 775.084.
  174         Section 5. Section 775.0877, Florida Statutes, is amended
  175  to read:
  176         775.0877 Criminal transmission of HIV; procedures;
  177  penalties.—
  178         (1) In any case in which a person has been convicted of or
  179  has pled nolo contendere or guilty to, regardless of whether
  180  adjudication is withheld, any of the following offenses, or the
  181  attempt thereof, which offense or attempted offense involves the
  182  transmission of semen or vaginal secretions body fluids from one
  183  person to another:
  184         (a) Section 794.011, relating to sexual battery;
  185         (b) Section 826.04, relating to incest;
  186         (c) Section 800.04, relating to lewd or lascivious offenses
  187  committed upon or in the presence of persons less than 16 years
  188  of age;
  189         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
  190  relating to assault;
  191         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
  192  relating to aggravated assault;
  193         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
  194  relating to battery;
  195         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
  196  relating to aggravated battery;
  197         (h) Section 827.03(2)(c), relating to child abuse;
  198         (i) Section 827.03(2)(a), relating to aggravated child
  199  abuse;
  200         (j) Section 825.102(1), relating to abuse of an elderly
  201  person or disabled adult;
  202         (k) Section 825.102(2), relating to aggravated abuse of an
  203  elderly person or disabled adult;
  204         (l) Section 827.071, relating to sexual performance by
  205  person less than 18 years of age;
  206         (m) Sections 796.07 and 796.08, relating to prostitution;
  207         (n) Section 381.0041(11)(b), relating to donation of blood,
  208  plasma, organs, skin, or other human tissue; or
  209         (n)(o) Sections 787.06(3)(b), (d), (f), and (g), relating
  210  to human trafficking,
  211  
  212  the court shall order the offender to undergo HIV testing, to be
  213  performed under the direction of the Department of Health in
  214  accordance with s. 381.004, unless the offender has undergone
  215  HIV testing voluntarily or pursuant to procedures established in
  216  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
  217  rule providing for HIV testing of criminal offenders or inmates,
  218  subsequent to her or his arrest for an offense enumerated in
  219  paragraphs (a)-(n) for which she or he was convicted or to which
  220  she or he pled nolo contendere or guilty. The results of an HIV
  221  test performed on an offender pursuant to this subsection are
  222  not admissible in any criminal proceeding arising out of the
  223  alleged offense.
  224         (2) The results of the HIV test must be disclosed under the
  225  direction of the Department of Health, to the offender who has
  226  been convicted of or pled nolo contendere or guilty to an
  227  offense specified in subsection (1) and to, the public health
  228  agency of the county in which the conviction occurred and, if
  229  different, the county of residence of the offender, and, upon
  230  request pursuant to s. 960.003, to the victim or the victim’s
  231  legal guardian, or the parent or legal guardian of the victim if
  232  the victim is a minor.
  233         (3) An offender who has undergone HIV testing pursuant to
  234  subsection (1), and to whom positive test results have been
  235  disclosed pursuant to subsection (2), who commits a second or
  236  subsequent offense enumerated in paragraphs (1)(a)­(n) which
  237  results in transmission of HIV to the victim (1)(a)-(n), commits
  238  criminal transmission of HIV, a misdemeanor of the first degree
  239  felony of the third degree, punishable as provided in s. 775.082
  240  or, s. 775.083, or s. 775.084. A person may be convicted and
  241  sentenced separately for a violation of this subsection and for
  242  the underlying crime enumerated in paragraphs (1)(a)-(n).
  243         (4) An offender may challenge the positive results of an
  244  HIV test performed pursuant to this section and may introduce
  245  results of a backup test performed at her or his own expense.
  246         (5) Nothing in this section requires that an HIV infection
  247  have occurred in order for an offender to have committed
  248  criminal transmission of HIV.
  249         (5)(6) For an alleged violation of any offense enumerated
  250  in paragraphs (1)(a)-(n) for which the consent of the victim may
  251  be raised as a defense in a criminal prosecution, it is an
  252  affirmative defense to a charge of violating this section that
  253  the person exposed knew that the offender was infected with HIV,
  254  knew that the action being taken could result in transmission of
  255  the HIV infection, and consented to the action voluntarily with
  256  that knowledge.
  257         Section 6. Section 796.08, Florida Statutes, is amended to
  258  read:
  259         796.08 Screening for HIV and sexually transmissible
  260  diseases; providing penalties.—
  261         (1)(a) For the purposes of this section, the term “sexually
  262  transmissible disease” means a bacterial, viral, fungal, or
  263  parasitic disease, determined by rule of the Department of
  264  Health to be sexually transmissible, a threat to the public
  265  health and welfare, and a disease for which a legitimate public
  266  interest is served by providing for regulation and treatment.
  267         (b) In considering which diseases are designated as
  268  sexually transmissible diseases, the Department of Health shall
  269  consider such diseases as chancroid, gonorrhea, granuloma
  270  inguinale, lymphogranuloma venereum, genital herpes simplex,
  271  chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory
  272  disease (PID)/acute salpingitis, syphilis, and human
  273  immunodeficiency virus infection for designation and shall
  274  consider the recommendations and classifications of the Centers
  275  for Disease Control and Prevention and other nationally
  276  recognized authorities. Not all diseases that are sexually
  277  transmissible need be designated for purposes of this section.
  278         (2) A person arrested under s. 796.07 shall be screened may
  279  request screening for a sexually transmissible disease under
  280  direction of the Department of Health and, if infected, shall
  281  submit to appropriate treatment and counseling. The Department
  282  of Health shall A person who requests screening for a sexually
  283  transmissible disease under this subsection must pay any costs
  284  associated with such screening. Such appropriate treatment and
  285  counseling must include the offer of postexposure prophylaxis
  286  (PEP) to prevent the acquisition of HIV. The Department of
  287  Health shall ensure that any person electing to take PEP under
  288  this subsection does not incur out-of-pocket expenses of more
  289  than $30 in obtaining this medication.
  290         (3) A person convicted under s. 796.07 of prostitution or
  291  procuring another to commit prostitution must undergo screening
  292  for a sexually transmissible disease, including, but not limited
  293  to, screening to detect exposure to the human immunodeficiency
  294  virus, under direction of the Department of Health. If the
  295  person is infected, he or she must submit to treatment and
  296  counseling prior to release from probation, community control,
  297  or incarceration. Notwithstanding the provisions of s. 384.29,
  298  the results of tests conducted pursuant to this subsection shall
  299  be made available by the Department of Health to the offender,
  300  medical personnel, appropriate state agencies, state attorneys,
  301  and courts of appropriate jurisdiction in need of such
  302  information in order to enforce the provisions of this chapter.
  303         (3)(4) A person who commits prostitution or procures
  304  another for prostitution and who, prior to the commission of
  305  such crime, had tested positive for a sexually transmissible
  306  disease other than human immunodeficiency virus infection and
  307  knew or had been informed that he or she had tested positive for
  308  such sexually transmissible disease and could possibly
  309  communicate such disease to another person through sexual
  310  activity commits a misdemeanor of the first degree, punishable
  311  as provided in s. 775.082 or s. 775.083. A person may be
  312  convicted and sentenced separately for a violation of this
  313  subsection and for the underlying crime of prostitution or
  314  procurement of prostitution.
  315         (5) A person who:
  316         (a) Commits or offers to commit prostitution; or
  317         (b) Procures another for prostitution by engaging in sexual
  318  activity in a manner likely to transmit the human
  319  immunodeficiency virus,
  320  
  321  and who, prior to the commission of such crime, had tested
  322  positive for human immunodeficiency virus and knew or had been
  323  informed that he or she had tested positive for human
  324  immunodeficiency virus and could possibly communicate such
  325  disease to another person through sexual activity commits
  326  criminal transmission of HIV, a felony of the third degree,
  327  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  328  A person may be convicted and sentenced separately for a
  329  violation of this subsection and for the underlying crime of
  330  prostitution or procurement of prostitution.
  331         Section 7. Section 960.003, Florida Statutes, is amended to
  332  read:
  333         960.003 Preventive medical treatment and care for victims
  334  of sexual assault involving the exchange of bodily fluids
  335  presenting a substantial risk of transmission of HIV; hepatitis
  336  and HIV testing for persons charged with or alleged by petition
  337  for delinquency to have committed certain offenses; disclosure
  338  of results to victims.—
  339         (1) LEGISLATIVE FINDINGS INTENT.—The Legislature finds that
  340  victims of sexual assault involving the exchange of bodily
  341  fluids that present a substantial risk of transmission of the
  342  human immunodeficiency virus (HIV) should have access to
  343  appropriate medical care and affordable postexposure prophylaxis
  344  to prevent the acquisition of HIV. Further, a victim of a
  345  criminal offense which involves the transmission of body fluids,
  346  or which involves certain sexual offenses in which the victim is
  347  a minor, disabled adult, or elderly person, is entitled to know
  348  at the earliest possible opportunity whether the person charged
  349  with or alleged by petition for delinquency to have committed
  350  the offense has tested positive for hepatitis or human
  351  immunodeficiency virus (HIV) infection. The Legislature finds
  352  that to deny victims access to hepatitis and HIV test results
  353  causes unnecessary mental anguish in persons who have already
  354  suffered trauma. The Legislature further finds that since
  355  medical science now recognizes that early diagnosis is a
  356  critical factor in the treatment of hepatitis and HIV infection,
  357  both the victim and the person charged with or alleged by
  358  petition for delinquency to have committed the offense benefit
  359  from prompt disclosure of hepatitis and HIV test results.
  360         (2) REFERRAL TO MEDICAL SERVICES REQUIRED.—The Department
  361  of Health shall refer for medical services any person who
  362  alleges that he or she has been the victim of a sexual assault
  363  involving an exchange of bodily fluids which presents a
  364  substantial risk of transmission of the human immunodeficiency
  365  virus (HIV). Such services must include the offer of
  366  postexposure prophylaxis (PEP) to prevent the acquisition of
  367  HIV. The Department of Health shall ensure that any person
  368  electing to take PEP under this subsection does not incur out
  369  of-pocket expenses of more than $30 in obtaining this
  370  medication. The term “substantial risk of transmission” has the
  371  same meaning as in s. 384.23.
  372         (3)(2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY
  373  PETITION FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
  374         (a) In any case in which a person has been charged by
  375  information or indictment with or alleged by petition for
  376  delinquency to have committed any offense enumerated in s.
  377  775.0877(1)(a)-(n), which involves the transmission of body
  378  fluids from one person to another, upon request of the victim or
  379  the victim’s legal guardian, or of the parent or legal guardian
  380  of the victim if the victim is a minor, the court shall order
  381  such person to undergo hepatitis and HIV testing within 48 hours
  382  after the information, indictment, or petition for delinquency
  383  is filed. In the event the victim or, if the victim is a minor,
  384  the victim’s parent or legal guardian requests hepatitis and HIV
  385  testing after 48 hours have elapsed from the filing of the
  386  indictment, information, or petition for delinquency, the
  387  testing shall be done within 48 hours after the request.
  388         (b) However, when a victim of any sexual offense enumerated
  389  in s. 775.0877(1)(a)-(n) is under the age of 18 at the time the
  390  offense was committed or when a victim of any sexual offense
  391  enumerated in s. 775.0877(1)(a)-(n) or s. 825.1025 is a disabled
  392  adult or elderly person as defined in s. 825.1025 regardless of
  393  whether the offense involves the transmission of bodily fluids
  394  from one person to another, then upon the request of the victim
  395  or the victim’s legal guardian, or of the parent or legal
  396  guardian, the court shall order such person to undergo hepatitis
  397  and HIV testing within 48 hours after the information,
  398  indictment, or petition for delinquency is filed. In the event
  399  the victim or, if the victim is a minor, the victim’s parent or
  400  legal guardian requests hepatitis and HIV testing after 48 hours
  401  have elapsed from the filing of the indictment, information, or
  402  petition for delinquency, the testing shall be done within 48
  403  hours after the request. The testing shall be performed under
  404  the direction of the Department of Health in accordance with s.
  405  381.004. The results of a hepatitis and HIV test performed on a
  406  defendant or juvenile offender pursuant to this subsection shall
  407  not be admissible in any criminal or juvenile proceeding arising
  408  out of the alleged offense.
  409         (c) If medically appropriate, followup HIV testing shall be
  410  provided when testing has been ordered under paragraph (a) or
  411  paragraph (b). The medical propriety of followup HIV testing
  412  shall be based upon a determination by a physician and does not
  413  require an additional court order. Notification to the victim,
  414  or to the victim’s parent or legal guardian, and to the
  415  defendant of the results of each followup test shall be made as
  416  soon as practicable in accordance with this section.
  417         (4)(3) DISCLOSURE OF RESULTS.—
  418         (a) The results of the test shall be disclosed no later
  419  than 2 weeks after the court receives such results, under the
  420  direction of the Department of Health, to the person charged
  421  with or alleged by petition for delinquency to have committed or
  422  to the person convicted of or adjudicated delinquent for any
  423  offense enumerated in s. 775.0877(1)(a)-(n), which involves the
  424  transmission of body fluids from one person to another, and,
  425  upon request, to the victim or the victim’s legal guardian, or
  426  the parent or legal guardian of the victim if the victim is a
  427  minor, and to public health agencies pursuant to s. 775.0877. If
  428  the alleged offender is a juvenile, the test results shall also
  429  be disclosed to the parent or guardian. When the victim is a
  430  victim as described in paragraph (3)(b) (2)(b), the test results
  431  must also be disclosed no later than 2 weeks after the court
  432  receives such results, to the person charged with or alleged by
  433  petition for delinquency to have committed or to the person
  434  convicted of or adjudicated delinquent for any offense
  435  enumerated in s. 775.0877(1)(a)-(n), or s. 825.1025 regardless
  436  of whether the offense involves the transmission of bodily
  437  fluids from one person to another, and, upon request, to the
  438  victim or the victim’s legal guardian, or the parent or legal
  439  guardian of the victim, and to public health agencies pursuant
  440  to s. 775.0877. Otherwise, hepatitis and HIV test results
  441  obtained pursuant to this section are confidential and exempt
  442  from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
  443  State Constitution and shall not be disclosed to any other
  444  person except as expressly authorized by law or court order.
  445         (b) At the time that the results are disclosed to the
  446  victim or the victim’s legal guardian, or to the parent or legal
  447  guardian of a victim if the victim is a minor, the same
  448  immediate opportunity for face-to-face counseling which must be
  449  made available under s. 381.004 to those who undergo hepatitis
  450  and HIV testing shall also be afforded to the victim or the
  451  victim’s legal guardian, or to the parent or legal guardian of
  452  the victim if the victim is a minor.
  453         (4) POSTCONVICTION TESTING.—If, for any reason, the testing
  454  requested under subsection (3) (2) has not been undertaken, then
  455  upon request of the victim or the victim’s legal guardian, or
  456  the parent or legal guardian of the victim if the victim is a
  457  minor, the court shall order the offender to undergo hepatitis
  458  and HIV testing following conviction or delinquency
  459  adjudication. The testing shall be performed under the direction
  460  of the Department of Health, and the results shall be disclosed
  461  in accordance with the provisions of subsection (3).
  462         (5) EXCEPTIONS.—Subsections (3) and (5) (2) and (4) do not
  463  apply if:
  464         (a) The person charged with or convicted of or alleged by
  465  petition for delinquency to have committed or been adjudicated
  466  delinquent for an offense described in subsection (3) (2) has
  467  undergone hepatitis and HIV testing voluntarily or pursuant to
  468  procedures established in s. 381.004(2)(h)6. or s. 951.27, or
  469  any other applicable law or rule providing for hepatitis and HIV
  470  testing of criminal defendants, inmates, or juvenile offenders,
  471  subsequent to his or her arrest, conviction, or delinquency
  472  adjudication for the offense for which he or she was charged or
  473  alleged by petition for delinquency to have committed; and
  474         (b) The results of such hepatitis and HIV testing have been
  475  furnished to the victim or the victim’s legal guardian, or the
  476  parent or legal guardian of the victim if the victim is a minor.
  477         (6) TESTING DURING INCARCERATION, DETENTION, OR PLACEMENT;
  478  DISCLOSURE.—In any case in which a person convicted of or
  479  adjudicated delinquent for an offense described in subsection
  480  (3) (2) has not been tested under subsection (3) (2), but
  481  undergoes hepatitis and HIV testing during his or her
  482  incarceration, detention, or placement, the results of the
  483  initial hepatitis and HIV testing shall be disclosed in
  484  accordance with subsection (4) (3). Except as otherwise
  485  requested by the victim or the victim’s legal guardian, or the
  486  parent or guardian of the victim if the victim is a minor, if
  487  the initial test is conducted within the first year of the
  488  imprisonment, detention, or placement, the request for
  489  disclosure shall be considered a standing request for any
  490  subsequent hepatitis and HIV test results obtained within 1 year
  491  after the initial hepatitis and HIV tests are performed, and
  492  need not be repeated for each test administration. Where the
  493  inmate or juvenile offender has previously been tested pursuant
  494  to subsection (3) (2) the request for disclosure under this
  495  subsection shall be considered a standing request for subsequent
  496  hepatitis and HIV results conducted within 1 year of the test
  497  performed pursuant to subsection (3) (2). If the hepatitis and
  498  HIV testing is performed by an agency other than the Department
  499  of Health, that agency shall be responsible for forwarding the
  500  test results to the Department of Health for disclosure in
  501  accordance with the provisions of subsection (4) (3). This
  502  subsection shall not be limited to results of hepatitis and HIV
  503  tests administered subsequent to June 27, 1990, but shall also
  504  apply to the results of all hepatitis and HIV tests performed on
  505  inmates convicted of or juvenile offenders adjudicated
  506  delinquent for sex offenses as described in subsection (3) (2)
  507  during their incarceration, detention, or placement prior to
  508  June 27, 1990.
  509         Section 8. Paragraph (e) of subsection (3) of section
  510  921.0022, Florida Statutes, is amended to read:
  511         921.0022 Criminal Punishment Code; offense severity ranking
  512  chart.—
  513         (3) OFFENSE SEVERITY RANKING CHART
  514         (e) LEVEL 5
  515  
  516  FloridaStatute             FelonyDegree        Description        
  517  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  518  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  519  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  520  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  521  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  522  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.
  523  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  524  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  525  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  526  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  527  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  528  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  529  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  530  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  531  790.01(2)                      3rd     Carrying a concealed firearm.
  532  790.162                        2nd     Threat to throw or discharge destructive device.
  533  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  534  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  535  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  536  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  537  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  538  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  539  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  540  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  541  812.015(8)                     3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  542  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  543  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  544  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  545  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  546  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  547  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.
  548  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.
  549  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  550  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device or reencoder.
  551  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  552  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  553  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  554  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.
  555  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  556  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  557  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  558  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  559  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  560  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  561  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).
  562  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.
  563  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.
  564  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.
  565  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.
  566  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  567  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  568  
  569         Section 9. This act shall take effect July 1, 2017.

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