Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 628
       
       
       
       
       
       
                                Ì208470"Î208470                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2017           .                                
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       The Committee on Criminal Justice (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (11) of section
    6  381.0041, Florida Statutes, is amended to read:
    7         381.0041 Donation and transfer of human tissue; testing
    8  requirements.—
    9         (11)
   10         (b) Except when the donation is deemed medically
   11  appropriate by a licensed physician, any person who has human
   12  immunodeficiency virus infection, who knows he or she is
   13  infected with human immunodeficiency virus, and who has been
   14  informed that he or she may communicate this disease by donating
   15  blood, plasma, organs, skin, or other human tissue who donates
   16  blood, plasma, organs, skin, or other human tissue commits is
   17  guilty of a misdemeanor felony of the first third degree,
   18  punishable as provided in s. 775.082 or, s. 775.083, or s.
   19  775.084.
   20         Section 2. Section 384.23, Florida Statutes, is amended to
   21  read:
   22         384.23 Definitions.—As used in this chapter, the term:
   23         (1) “Department” means the Department of Health.
   24         (2) “County health department” means agencies and entities
   25  as designated in chapter 154.
   26         (3)“Sexual conduct” means conduct between persons,
   27  regardless of gender, which is capable of transmitting a
   28  sexually transmissible disease, including, but not limited to,
   29  contact between a:
   30         (a) Penis and a vulva or an anus; or
   31         (b) Mouth and a penis, a vulva, or an anus.
   32         (4)(3) “Sexually transmissible disease” means a bacterial,
   33  viral, fungal, or parasitic disease determined by rule of the
   34  department to be sexually transmissible, to be a threat to the
   35  public health and welfare, and to be a disease for which a
   36  legitimate public interest will be served by providing for
   37  prevention, elimination, control, and treatment. The department
   38  must, by rule, determine which diseases are to be designated as
   39  sexually transmissible diseases and shall consider the
   40  recommendations and classifications of the Centers for Disease
   41  Control and Prevention and other nationally recognized medical
   42  authorities in that determination. Not all diseases that are
   43  sexually transmissible need be designated for the purposes of
   44  this act.
   45         (5) “Substantial risk of transmission” means a reasonable
   46  probability of disease transmission as proven by competent
   47  medical or epidemiological evidence.
   48         Section 3. Section 384.24, Florida Statutes, is amended to
   49  read:
   50         384.24 Unlawful acts.—
   51         (1) It is unlawful for a any person who has chancroid,
   52  gonorrhea, granuloma inguinale, lymphogranuloma venereum,
   53  genital herpes simplex, chlamydia, nongonococcal urethritis
   54  (NGU), pelvic inflammatory disease (PID)/acute salpingitis,
   55  human papillomavirus, hepatitis, or syphilis, or human
   56  immunodeficiency virus infection, when the such person knows he
   57  or she is infected with one or more of these diseases and when
   58  the such person has been informed that he or she may communicate
   59  this disease to another person through sexual conduct
   60  intercourse, to act with the intent to transmit the disease,
   61  engage in conduct that poses a substantial risk of transmission
   62  to another person when the other person is unaware that the
   63  person is a carrier of the disease, and transmit the disease to
   64  the other person have sexual intercourse with any other person,
   65  unless such other person has been informed of the presence of
   66  the sexually transmissible disease and has consented to the
   67  sexual intercourse.
   68         (2) A person does not act with the intent required under
   69  subsection (1) if he or she in good faith complies with a
   70  treatment regimen prescribed by his or her health care provider
   71  or with the behavioral recommendations of his or her health care
   72  provider or public health officials, or if he or she offers to
   73  comply, but that offer is rejected by the other person. For
   74  purposes of this section, the term “behavioral recommendations”
   75  includes, but is not limited to, the use of a prophylactic
   76  device to measurably limit the risk of transmission of the
   77  disease. Evidence of the person’s failure to comply with such a
   78  treatment regimen or such behavioral recommendations is not, in
   79  and of itself, sufficient to establish that he or she acted with
   80  the intent required under subsection (1) It is unlawful for any
   81  person who has human immunodeficiency virus infection, when such
   82  person knows he or she is infected with this disease and when
   83  such person has been informed that he or she may communicate
   84  this disease to another person through sexual intercourse, to
   85  have sexual intercourse with any other person, unless such other
   86  person has been informed of the presence of the sexually
   87  transmissible disease and has consented to the sexual
   88  intercourse.
   89         Section 4. Section 384.34, Florida Statutes, is amended to
   90  read:
   91         384.34 Penalties.—
   92         (1) Any person who violates s. 384.24 the provisions of s.
   93  384.24(1) commits a misdemeanor of the first degree, punishable
   94  as provided in s. 775.082 or s. 775.083.
   95         (2) Any person who violates the provisions of s. 384.26 or
   96  s. 384.29 commits a misdemeanor of the first degree, punishable
   97  as provided in s. 775.082 or s. 775.083.
   98         (3) Any person who maliciously disseminates any false
   99  information or report concerning the existence of any sexually
  100  transmissible disease commits a misdemeanor of the first degree
  101  felony of the third degree, punishable as provided in s. 775.082
  102  or s. 775.083 ss. 775.082, 775.083, and 775.084.
  103         (4)Any person who violates the provisions of the
  104  department’s rules pertaining to sexually transmissible diseases
  105  may be punished by a fine not to exceed $500 for each violation.
  106  Any penalties enforced under this subsection shall be in
  107  addition to other penalties provided by this chapter. The
  108  department may enforce this section and adopt rules necessary to
  109  administer this section.
  110         (5) Any person who violates s. 384.24(2) commits a felony
  111  of the third degree, punishable as provided in s. 775.082, s.
  112  775.083, or s. 775.084. Any person who commits multiple
  113  violations of s. 384.24(2) commits a felony of the first degree,
  114  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  115         (4)(6) Any person who obtains information that identifies
  116  an individual who has a sexually transmissible disease, who knew
  117  or should have known the nature of the information and
  118  maliciously, or for monetary gain, disseminates this information
  119  or otherwise makes this information known to any other person,
  120  except by providing it either to a physician or nurse employed
  121  by the Department of Health or to a law enforcement agency,
  122  commits a misdemeanor of the first degree felony of the third
  123  degree, punishable as provided in s. 775.082 or, s. 775.083, or
  124  s. 775.084.
  125         Section 5. Section 775.0877, Florida Statutes, is amended
  126  to read:
  127         775.0877 Criminal transmission of HIV; procedures;
  128  penalties.—
  129         (1) In any case in which a person has been convicted of or
  130  has pled nolo contendere or guilty to, regardless of whether
  131  adjudication is withheld, any of the following offenses, or the
  132  attempt thereof, which offense or attempted offense involves the
  133  transmission of semen or vaginal secretions body fluids from one
  134  person to another:
  135         (a) Section 794.011, relating to sexual battery;
  136         (b) Section 826.04, relating to incest;
  137         (c) Section 800.04, relating to lewd or lascivious offenses
  138  committed upon or in the presence of persons less than 16 years
  139  of age;
  140         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
  141  relating to assault;
  142         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
  143  relating to aggravated assault;
  144         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
  145  relating to battery;
  146         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
  147  relating to aggravated battery;
  148         (h) Section 827.03(2)(c), relating to child abuse;
  149         (i) Section 827.03(2)(a), relating to aggravated child
  150  abuse;
  151         (j) Section 825.102(1), relating to abuse of an elderly
  152  person or disabled adult;
  153         (k) Section 825.102(2), relating to aggravated abuse of an
  154  elderly person or disabled adult;
  155         (l) Section 827.071, relating to sexual performance by
  156  person less than 18 years of age;
  157         (m) Sections 796.07 and 796.08, relating to prostitution;
  158         (n) Section 381.0041(11)(b), relating to donation of blood,
  159  plasma, organs, skin, or other human tissue; or
  160         (n)(o) Sections 787.06(3)(b), (d), (f), and (g), relating
  161  to human trafficking,
  162  
  163  the court shall order the offender to undergo HIV testing, to be
  164  performed under the direction of the Department of Health in
  165  accordance with s. 381.004, unless the offender has undergone
  166  HIV testing voluntarily or pursuant to procedures established in
  167  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
  168  rule providing for HIV testing of criminal offenders or inmates,
  169  subsequent to her or his arrest for an offense enumerated in
  170  paragraphs (a)-(n) for which she or he was convicted or to which
  171  she or he pled nolo contendere or guilty. The results of an HIV
  172  test performed on an offender pursuant to this subsection are
  173  not admissible in any criminal proceeding arising out of the
  174  alleged offense.
  175         (2) The results of the HIV test must be disclosed under the
  176  direction of the Department of Health, to the offender who has
  177  been convicted of or pled nolo contendere or guilty to an
  178  offense specified in subsection (1) and to, the public health
  179  agency of the county in which the conviction occurred and, if
  180  different, the county of residence of the offender, and, upon
  181  request pursuant to s. 960.003, to the victim or the victim’s
  182  legal guardian, or the parent or legal guardian of the victim if
  183  the victim is a minor.
  184         (3) An offender who has undergone HIV testing pursuant to
  185  subsection (1), and to whom positive test results have been
  186  disclosed pursuant to subsection (2), who commits a second or
  187  subsequent offense enumerated in paragraphs (1)(a)­(n) which
  188  results in transmission of HIV to the victim (1)(a)-(n), commits
  189  criminal transmission of HIV, a misdemeanor of the first degree
  190  felony of the third degree, punishable as provided in s. 775.082
  191  or, s. 775.083, or s. 775.084. A person may be convicted and
  192  sentenced separately for a violation of this subsection and for
  193  the underlying crime enumerated in paragraphs (1)(a)-(n).
  194         (4) An offender may challenge the positive results of an
  195  HIV test performed pursuant to this section and may introduce
  196  results of a backup test performed at her or his own expense.
  197         (5) Nothing in this section requires that an HIV infection
  198  have occurred in order for an offender to have committed
  199  criminal transmission of HIV.
  200         (5)(6) For an alleged violation of any offense enumerated
  201  in paragraphs (1)(a)-(n) for which the consent of the victim may
  202  be raised as a defense in a criminal prosecution, it is an
  203  affirmative defense to a charge of violating this section that
  204  the person exposed knew that the offender was infected with HIV,
  205  knew that the action being taken could result in transmission of
  206  the HIV infection, and consented to the action voluntarily with
  207  that knowledge.
  208         Section 6. Section 796.08, Florida Statutes, is amended to
  209  read:
  210         796.08 Screening for HIV and sexually transmissible
  211  diseases; providing penalties.—
  212         (1)(a) For the purposes of this section, the term “sexually
  213  transmissible disease” means a bacterial, viral, fungal, or
  214  parasitic disease, determined by rule of the Department of
  215  Health to be sexually transmissible, a threat to the public
  216  health and welfare, and a disease for which a legitimate public
  217  interest is served by providing for regulation and treatment.
  218         (b) In considering which diseases are designated as
  219  sexually transmissible diseases, the Department of Health shall
  220  consider such diseases as chancroid, gonorrhea, granuloma
  221  inguinale, lymphogranuloma venereum, genital herpes simplex,
  222  chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory
  223  disease (PID)/acute salpingitis, syphilis, and human
  224  immunodeficiency virus infection for designation and shall
  225  consider the recommendations and classifications of the Centers
  226  for Disease Control and Prevention and other nationally
  227  recognized authorities. Not all diseases that are sexually
  228  transmissible need be designated for purposes of this section.
  229         (2) A person arrested under s. 796.07 shall be screened may
  230  request screening for a sexually transmissible disease under
  231  direction of the Department of Health and, if infected, shall
  232  submit to appropriate treatment and counseling. The Department
  233  of Health shall A person who requests screening for a sexually
  234  transmissible disease under this subsection must pay any costs
  235  associated with such screening. Such appropriate treatment and
  236  counseling must include the offer of postexposure prophylaxis
  237  (PEP) to prevent the acquisition of HIV. The Department of
  238  Health shall ensure that any person electing to take PEP under
  239  this subsection does not incur out-of-pocket expenses of more
  240  than $30 in obtaining this medication.
  241         (3) A person convicted under s. 796.07 of prostitution or
  242  procuring another to commit prostitution must undergo screening
  243  for a sexually transmissible disease, including, but not limited
  244  to, screening to detect exposure to the human immunodeficiency
  245  virus, under direction of the Department of Health. If the
  246  person is infected, he or she must submit to treatment and
  247  counseling prior to release from probation, community control,
  248  or incarceration. Notwithstanding the provisions of s. 384.29,
  249  the results of tests conducted pursuant to this subsection shall
  250  be made available by the Department of Health to the offender,
  251  medical personnel, appropriate state agencies, state attorneys,
  252  and courts of appropriate jurisdiction in need of such
  253  information in order to enforce the provisions of this chapter.
  254         (3)(4) A person who commits prostitution or procures
  255  another for prostitution and who, prior to the commission of
  256  such crime, had tested positive for a sexually transmissible
  257  disease other than human immunodeficiency virus infection and
  258  knew or had been informed that he or she had tested positive for
  259  such sexually transmissible disease and could possibly
  260  communicate such disease to another person through sexual
  261  activity commits a misdemeanor of the first degree, punishable
  262  as provided in s. 775.082 or s. 775.083. A person may be
  263  convicted and sentenced separately for a violation of this
  264  subsection and for the underlying crime of prostitution or
  265  procurement of prostitution.
  266         (5) A person who:
  267         (a) Commits or offers to commit prostitution; or
  268         (b) Procures another for prostitution by engaging in sexual
  269  activity in a manner likely to transmit the human
  270  immunodeficiency virus,
  271  
  272  and who, prior to the commission of such crime, had tested
  273  positive for human immunodeficiency virus and knew or had been
  274  informed that he or she had tested positive for human
  275  immunodeficiency virus and could possibly communicate such
  276  disease to another person through sexual activity commits
  277  criminal transmission of HIV, a felony of the third degree,
  278  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  279  A person may be convicted and sentenced separately for a
  280  violation of this subsection and for the underlying crime of
  281  prostitution or procurement of prostitution.
  282         Section 7. Section 960.003, Florida Statutes, is amended to
  283  read:
  284         960.003 Preventive medical treatment and care for victims
  285  of sexual assault involving the exchange of bodily fluids
  286  presenting a substantial risk of transmission of HIV; hepatitis
  287  and HIV testing for persons charged with or alleged by petition
  288  for delinquency to have committed certain offenses; disclosure
  289  of results to victims.—
  290         (1) LEGISLATIVE FINDINGS INTENT.—The Legislature finds that
  291  victims of sexual assault involving the exchange of bodily
  292  fluids that present a substantial risk of transmission of the
  293  human immunodeficiency virus (HIV) should have access to
  294  appropriate medical care and affordable postexposure prophylaxis
  295  to prevent the acquisition of HIV. Further, a victim of a
  296  criminal offense which involves the transmission of body fluids,
  297  or which involves certain sexual offenses in which the victim is
  298  a minor, disabled adult, or elderly person, is entitled to know
  299  at the earliest possible opportunity whether the person charged
  300  with or alleged by petition for delinquency to have committed
  301  the offense has tested positive for hepatitis or human
  302  immunodeficiency virus (HIV) infection. The Legislature finds
  303  that to deny victims access to hepatitis and HIV test results
  304  causes unnecessary mental anguish in persons who have already
  305  suffered trauma. The Legislature further finds that since
  306  medical science now recognizes that early diagnosis is a
  307  critical factor in the treatment of hepatitis and HIV infection,
  308  both the victim and the person charged with or alleged by
  309  petition for delinquency to have committed the offense benefit
  310  from prompt disclosure of hepatitis and HIV test results.
  311         (2) REFERRAL TO MEDICAL SERVICES REQUIRED.—The Department
  312  of Health shall refer for medical services any person who
  313  alleges that he or she has been the victim of a sexual assault
  314  involving an exchange of bodily fluids which presents a
  315  substantial risk of transmission of the human immunodeficiency
  316  virus (HIV). Such services must include the offer of
  317  postexposure prophylaxis (PEP) to prevent the acquisition of
  318  HIV. The Department of Health shall ensure that any person
  319  electing to take PEP under this subsection does not incur out
  320  of-pocket expenses of more than $30 in obtaining this
  321  medication. The term "substantial risk of transmission" has the
  322  same meaning as in s. 384.23.
  323         (3)(2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY
  324  PETITION FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
  325         (a) In any case in which a person has been charged by
  326  information or indictment with or alleged by petition for
  327  delinquency to have committed any offense enumerated in s.
  328  775.0877(1)(a)-(n), which involves the transmission of body
  329  fluids from one person to another, upon request of the victim or
  330  the victim’s legal guardian, or of the parent or legal guardian
  331  of the victim if the victim is a minor, the court shall order
  332  such person to undergo hepatitis and HIV testing within 48 hours
  333  after the information, indictment, or petition for delinquency
  334  is filed. In the event the victim or, if the victim is a minor,
  335  the victim’s parent or legal guardian requests hepatitis and HIV
  336  testing after 48 hours have elapsed from the filing of the
  337  indictment, information, or petition for delinquency, the
  338  testing shall be done within 48 hours after the request.
  339         (b) However, when a victim of any sexual offense enumerated
  340  in s. 775.0877(1)(a)-(n) is under the age of 18 at the time the
  341  offense was committed or when a victim of any sexual offense
  342  enumerated in s. 775.0877(1)(a)-(n) or s. 825.1025 is a disabled
  343  adult or elderly person as defined in s. 825.1025 regardless of
  344  whether the offense involves the transmission of bodily fluids
  345  from one person to another, then upon the request of the victim
  346  or the victim’s legal guardian, or of the parent or legal
  347  guardian, the court shall order such person to undergo hepatitis
  348  and HIV testing within 48 hours after the information,
  349  indictment, or petition for delinquency is filed. In the event
  350  the victim or, if the victim is a minor, the victim’s parent or
  351  legal guardian requests hepatitis and HIV testing after 48 hours
  352  have elapsed from the filing of the indictment, information, or
  353  petition for delinquency, the testing shall be done within 48
  354  hours after the request. The testing shall be performed under
  355  the direction of the Department of Health in accordance with s.
  356  381.004. The results of a hepatitis and HIV test performed on a
  357  defendant or juvenile offender pursuant to this subsection shall
  358  not be admissible in any criminal or juvenile proceeding arising
  359  out of the alleged offense.
  360         (c) If medically appropriate, followup HIV testing shall be
  361  provided when testing has been ordered under paragraph (a) or
  362  paragraph (b). The medical propriety of followup HIV testing
  363  shall be based upon a determination by a physician and does not
  364  require an additional court order. Notification to the victim,
  365  or to the victim’s parent or legal guardian, and to the
  366  defendant of the results of each followup test shall be made as
  367  soon as practicable in accordance with this section.
  368         (4)(3) DISCLOSURE OF RESULTS.—
  369         (a) The results of the test shall be disclosed no later
  370  than 2 weeks after the court receives such results, under the
  371  direction of the Department of Health, to the person charged
  372  with or alleged by petition for delinquency to have committed or
  373  to the person convicted of or adjudicated delinquent for any
  374  offense enumerated in s. 775.0877(1)(a)-(n), which involves the
  375  transmission of body fluids from one person to another, and,
  376  upon request, to the victim or the victim’s legal guardian, or
  377  the parent or legal guardian of the victim if the victim is a
  378  minor, and to public health agencies pursuant to s. 775.0877. If
  379  the alleged offender is a juvenile, the test results shall also
  380  be disclosed to the parent or guardian. When the victim is a
  381  victim as described in paragraph (3)(b) (2)(b), the test results
  382  must also be disclosed no later than 2 weeks after the court
  383  receives such results, to the person charged with or alleged by
  384  petition for delinquency to have committed or to the person
  385  convicted of or adjudicated delinquent for any offense
  386  enumerated in s. 775.0877(1)(a)-(n), or s. 825.1025 regardless
  387  of whether the offense involves the transmission of bodily
  388  fluids from one person to another, and, upon request, to the
  389  victim or the victim’s legal guardian, or the parent or legal
  390  guardian of the victim, and to public health agencies pursuant
  391  to s. 775.0877. Otherwise, hepatitis and HIV test results
  392  obtained pursuant to this section are confidential and exempt
  393  from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
  394  State Constitution and shall not be disclosed to any other
  395  person except as expressly authorized by law or court order.
  396         (b) At the time that the results are disclosed to the
  397  victim or the victim’s legal guardian, or to the parent or legal
  398  guardian of a victim if the victim is a minor, the same
  399  immediate opportunity for face-to-face counseling which must be
  400  made available under s. 381.004 to those who undergo hepatitis
  401  and HIV testing shall also be afforded to the victim or the
  402  victim’s legal guardian, or to the parent or legal guardian of
  403  the victim if the victim is a minor.
  404         (4) POSTCONVICTION TESTING.—If, for any reason, the testing
  405  requested under subsection (3) (2) has not been undertaken, then
  406  upon request of the victim or the victim’s legal guardian, or
  407  the parent or legal guardian of the victim if the victim is a
  408  minor, the court shall order the offender to undergo hepatitis
  409  and HIV testing following conviction or delinquency
  410  adjudication. The testing shall be performed under the direction
  411  of the Department of Health, and the results shall be disclosed
  412  in accordance with the provisions of subsection (3).
  413         (5) EXCEPTIONS.—Subsections (3) and (5) (2) and (4) do not
  414  apply if:
  415         (a) The person charged with or convicted of or alleged by
  416  petition for delinquency to have committed or been adjudicated
  417  delinquent for an offense described in subsection (3) (2) has
  418  undergone hepatitis and HIV testing voluntarily or pursuant to
  419  procedures established in s. 381.004(2)(h)6. or s. 951.27, or
  420  any other applicable law or rule providing for hepatitis and HIV
  421  testing of criminal defendants, inmates, or juvenile offenders,
  422  subsequent to his or her arrest, conviction, or delinquency
  423  adjudication for the offense for which he or she was charged or
  424  alleged by petition for delinquency to have committed; and
  425         (b) The results of such hepatitis and HIV testing have been
  426  furnished to the victim or the victim’s legal guardian, or the
  427  parent or legal guardian of the victim if the victim is a minor.
  428         (6) TESTING DURING INCARCERATION, DETENTION, OR PLACEMENT;
  429  DISCLOSURE.—In any case in which a person convicted of or
  430  adjudicated delinquent for an offense described in subsection
  431  (3) (2) has not been tested under subsection (3) (2), but
  432  undergoes hepatitis and HIV testing during his or her
  433  incarceration, detention, or placement, the results of the
  434  initial hepatitis and HIV testing shall be disclosed in
  435  accordance with subsection (4) (3). Except as otherwise
  436  requested by the victim or the victim’s legal guardian, or the
  437  parent or guardian of the victim if the victim is a minor, if
  438  the initial test is conducted within the first year of the
  439  imprisonment, detention, or placement, the request for
  440  disclosure shall be considered a standing request for any
  441  subsequent hepatitis and HIV test results obtained within 1 year
  442  after the initial hepatitis and HIV tests are performed, and
  443  need not be repeated for each test administration. Where the
  444  inmate or juvenile offender has previously been tested pursuant
  445  to subsection (3) (2) the request for disclosure under this
  446  subsection shall be considered a standing request for subsequent
  447  hepatitis and HIV results conducted within 1 year of the test
  448  performed pursuant to subsection (3) (2). If the hepatitis and
  449  HIV testing is performed by an agency other than the Department
  450  of Health, that agency shall be responsible for forwarding the
  451  test results to the Department of Health for disclosure in
  452  accordance with the provisions of subsection (4) (3). This
  453  subsection shall not be limited to results of hepatitis and HIV
  454  tests administered subsequent to June 27, 1990, but shall also
  455  apply to the results of all hepatitis and HIV tests performed on
  456  inmates convicted of or juvenile offenders adjudicated
  457  delinquent for sex offenses as described in subsection (3) (2)
  458  during their incarceration, detention, or placement prior to
  459  June 27, 1990.
  460         Section 8. Paragraph (e) of subsection (3) of section
  461  921.0022, Florida Statutes, is amended to read:
  462         921.0022 Criminal Punishment Code; offense severity ranking
  463  chart.—
  464         (3) OFFENSE SEVERITY RANKING CHART
  465         (e) LEVEL 5
  466  
  467  FloridaStatute             FelonyDegree        Description        
  468  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  469  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  470  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  471  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  472  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  473  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.
  474  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  475  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  476  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  477  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  478  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  479  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  480  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  481  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  482  790.01(2)                      3rd     Carrying a concealed firearm.
  483  790.162                        2nd     Threat to throw or discharge destructive device.
  484  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  485  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  486  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  487  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  488  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  489  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  490  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  491  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  492  812.015(8)                     3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  493  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  494  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  495  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  496  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  497  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  498  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.
  499  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.
  500  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  501  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device or reencoder.
  502  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  503  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  504  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  505  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.
  506  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  507  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  508  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  509  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  510  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  511  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  512  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).
  513  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.
  514  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.
  515  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.
  516  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.
  517  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  518  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  519  
  520  
  521         Section 11. This act shall take effect July 1, 2017.
  522  
  523  ================= T I T L E  A M E N D M E N T ================
  524  And the title is amended as follows:
  525         Delete everything before the enacting clause
  526  and insert:
  527                        A bill to be entitled                      
  528         An act relating to transmission of disease through
  529         bodily fluids; amending s. 381.0041, F.S.;
  530         reclassifying a criminal offense relating to the
  531         donation of blood, plasma, organs, skin, or other
  532         human tissue; providing an exception to allow such
  533         donation when deemed medically appropriate by a
  534         licensed physician; amending s. 384.23, F.S.; defining
  535         the terms “sexual conduct” and “substantial risk of
  536         transmission”; amending s. 384.24, F.S.; expanding the
  537         scope of unlawful acts by a person infected with a
  538         sexually transmissible disease; expanding the list of
  539         sexually transmittable diseases; specifying that a
  540         certain act is unlawful if the person committing the
  541         act acts with the intent to transmit a specified
  542         disease, engages in conduct that poses a substantial
  543         risk of transmission of that disease to another person
  544         who is unaware that the person who transmits the
  545         disease is a carrier of the disease, and actually
  546         transmits the disease; providing that certain actions
  547         are not sufficient to establish intent on the part of
  548         the person who transmits the disease; amending s.
  549         384.34, F.S.; reclassifying specified criminal
  550         offenses; eliminating a fine for specified rule
  551         violations; amending s. 775.0877, F.S.; requiring that
  552         a person who commits, rather than one who attempts to
  553         commit, an offense involving the transmission of semen
  554         or vaginal secretions must undergo HIV testing;
  555         eliminating the application of the section to certain
  556         offenses; revising disclosure requirements;
  557         reclassifying specified criminal offenses; amending s.
  558         796.08, F.S.; requiring an infected arrestee to submit
  559         to appropriate treatment; requiring the Department of
  560         Health to pay any costs associated with the screening
  561         of such arrestees; requiring that the medical services
  562         include the offer of postexposure prophylaxis;
  563         requiring the department to ensure that certain out
  564         of-pocket expenses to victims not exceed a specified
  565         amount; eliminating requirements that persons
  566         convicted of specified offenses undergo screening for
  567         a sexually transmitted disease; amending s. 960.003,
  568         F.S.; revising legislative findings; requiring that
  569         the department refer such victims to medical services;
  570         requiring that the medical services include the offer
  571         of postexposure prophylaxis; requiring the department
  572         to ensure that certain out-of-pocket expenses to
  573         victims not exceed a specified amount; correcting
  574         cross-references; amending s. 921.0022, F.S.;
  575         conforming provisions to changes made by the act;
  576         providing an effective date.