Bill Text: FL S0742 | 2018 | Regular Session | Introduced
Bill Title: Assault or Battery on Health Care Providers
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Criminal Justice [S0742 Detail]
Download: Florida-2018-S0742-Introduced.html
Florida Senate - 2018 SB 742
By Senator Grimsley
26-00906-18 2018742__
1 A bill to be entitled
2 An act relating to assault or battery on health care
3 providers; amending s. 784.07, F.S.; defining the term
4 “health care provider”; providing for the
5 reclassification of certain assault and battery
6 offenses committed on health care providers; amending
7 ss. 901.15 and 985.644, F.S.; conforming provisions to
8 changes made by the act; reenacting ss.
9 775.0877(1)(d), (e), (f), and (g), 794.056(1),
10 921.0022(3)(d), 938.08, and 938.085, F.S., relating to
11 criminal transmission of HIV, the Rape Crisis Program
12 Trust Fund, the offense severity ranking chart of the
13 Criminal Punishment Code, additional cost to fund
14 programs in domestic violence, and additional cost to
15 fund rape crisis centers, respectively, to incorporate
16 the amendments made by the act in cross-references to
17 amended provisions; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraphs (c) through (f) of subsection (1) of
22 section 784.07, Florida Statutes, are redesignated as paragraphs
23 (d) through (g), respectively, a new paragraph (c) is added to
24 that subsection, subsection (2) of that section is amended, and
25 subsection (3) of that section is republished, to read:
26 784.07 Assault or battery of law enforcement officers,
27 firefighters, emergency medical care providers, health care
28 providers, public transit employees or agents, or other
29 specified officers; reclassification of offenses; minimum
30 sentences.—
31 (1) As used in this section, the term:
32 (c) “Health care provider” means a physician, a registered
33 nurse, an employee, an agent, or a volunteer of a hospital, as
34 defined in s. 395.002, or a nursing home facility, as defined in
35 s. 400.021, who is employed by, under contract with, or
36 otherwise authorized by such hospital or nursing home facility
37 to perform duties directly associated with the care and
38 treatment rendered by the hospital or nursing home facility.
39 (2) Whenever any person is charged with knowingly
40 committing an assault or battery upon a law enforcement officer,
41 a firefighter, an emergency medical care provider, a health care
42 provider, a railroad special officer, a traffic accident
43 investigation officer as described in s. 316.640, a nonsworn law
44 enforcement agency employee who is certified as an agency
45 inspector, a blood alcohol analyst, or a breath test operator
46 while such employee is in uniform and engaged in processing,
47 testing, evaluating, analyzing, or transporting a person who is
48 detained or under arrest for DUI, a law enforcement explorer, a
49 traffic infraction enforcement officer as described in s.
50 316.640, a parking enforcement specialist as defined in s.
51 316.640, a person licensed as a security officer as defined in
52 s. 493.6101 and wearing a uniform that bears at least one patch
53 or emblem that is visible at all times that clearly identifies
54 the employing agency and that clearly identifies the person as a
55 licensed security officer, or a security officer employed by the
56 board of trustees of a community college, while the officer,
57 firefighter, emergency medical care provider, health care
58 provider, railroad special officer, traffic accident
59 investigation officer, traffic infraction enforcement officer,
60 inspector, analyst, operator, law enforcement explorer, parking
61 enforcement specialist, public transit employee or agent, or
62 security officer is engaged in the lawful performance of his or
63 her duties, the offense for which the person is charged shall be
64 reclassified as follows:
65 (a) In the case of assault, from a misdemeanor of the
66 second degree to a misdemeanor of the first degree.
67 (b) In the case of battery, from a misdemeanor of the first
68 degree to a felony of the third degree.
69 (c) In the case of aggravated assault, from a felony of the
70 third degree to a felony of the second degree. Notwithstanding
71 any other provision of law, any person convicted of aggravated
72 assault upon a law enforcement officer shall be sentenced to a
73 minimum term of imprisonment of 3 years.
74 (d) In the case of aggravated battery, from a felony of the
75 second degree to a felony of the first degree. Notwithstanding
76 any other provision of law, any person convicted of aggravated
77 battery of a law enforcement officer shall be sentenced to a
78 minimum term of imprisonment of 5 years.
79 (3) Any person who is convicted of a battery under
80 paragraph (2)(b) and, during the commission of the offense, such
81 person possessed:
82 (a) A “firearm” or “destructive device” as those terms are
83 defined in s. 790.001, shall be sentenced to a minimum term of
84 imprisonment of 3 years.
85 (b) A semiautomatic firearm and its high-capacity
86 detachable box magazine, as defined in s. 775.087(3), or a
87 machine gun as defined in s. 790.001, shall be sentenced to a
88 minimum term of imprisonment of 8 years.
89
90 Notwithstanding s. 948.01, adjudication of guilt or imposition
91 of sentence shall not be suspended, deferred, or withheld, and
92 the defendant is not eligible for statutory gain-time under s.
93 944.275 or any form of discretionary early release, other than
94 pardon or executive clemency, or conditional medical release
95 under s. 947.149, prior to serving the minimum sentence.
96 Section 2. Subsection (15) of section 901.15, Florida
97 Statutes, is amended to read:
98 901.15 When arrest by officer without warrant is lawful.—A
99 law enforcement officer may arrest a person without a warrant
100 when:
101 (15) There is probable cause to believe that the person has
102 committed assault upon a law enforcement officer, a firefighter,
103 an emergency medical care provider, a health care provider,
104 public transit employees or agents, or other specified officers
105 as set forth in s. 784.07 or has committed assault or battery
106 upon any employee of a receiving facility as defined in s.
107 394.455 who is engaged in the lawful performance of his or her
108 duties.
109 Section 3. Paragraph (a) of subsection (3) of section
110 985.644, Florida Statutes, is amended to read:
111 985.644 Departmental contracting powers; personnel
112 standards and investigation.—
113 (3)(a) All employees of the department and all personnel of
114 contract providers for any program for children, including all
115 owners, operators, employees, persons who have access to
116 confidential juvenile records, and volunteers, must complete:
117 1. A level 2 employment screening pursuant to chapter 435
118 before employment. The security background investigation
119 conducted under this section must ensure that, in addition to
120 the disqualifying offenses listed in s. 435.04, no person
121 subject to the background screening provisions of this section
122 has an arrest awaiting final disposition for, been found guilty
123 of, regardless of adjudication, or entered a plea of nolo
124 contendere or guilty to, or been adjudicated delinquent and the
125 record has not been sealed or expunged for, any offense
126 prohibited under the following provisions of state law or
127 similar laws of another jurisdiction:
128 a. Section 784.07, relating to assault or battery of law
129 enforcement officers, firefighters, emergency medical care
130 providers, health care providers, public transit employees or
131 agents, or other specified officers.
132 b. Section 817.568, relating to criminal use of personal
133 identification information.
134 2. A national criminal records check by the Federal Bureau
135 of Investigation every 5 years following the date of the
136 person’s employment.
137 Section 4. For the purpose of incorporating the amendment
138 made by this act to section 784.07, Florida Statutes, in
139 references thereto, paragraphs (d) through (g) of subsection (1)
140 of section 775.0877, Florida Statutes, are reenacted to read:
141 775.0877 Criminal transmission of HIV; procedures;
142 penalties.—
143 (1) In any case in which a person has been convicted of or
144 has pled nolo contendere or guilty to, regardless of whether
145 adjudication is withheld, any of the following offenses, or the
146 attempt thereof, which offense or attempted offense involves the
147 transmission of body fluids from one person to another:
148 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
149 relating to assault;
150 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
151 relating to aggravated assault;
152 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
153 relating to battery;
154 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
155 relating to aggravated battery;
156
157 the court shall order the offender to undergo HIV testing, to be
158 performed under the direction of the Department of Health in
159 accordance with s. 381.004, unless the offender has undergone
160 HIV testing voluntarily or pursuant to procedures established in
161 s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
162 rule providing for HIV testing of criminal offenders or inmates,
163 subsequent to her or his arrest for an offense enumerated in
164 paragraphs (a)-(n) for which she or he was convicted or to which
165 she or he pled nolo contendere or guilty. The results of an HIV
166 test performed on an offender pursuant to this subsection are
167 not admissible in any criminal proceeding arising out of the
168 alleged offense.
169 Section 5. For the purpose of incorporating the amendment
170 made by this act to section 784.07, Florida Statutes, in a
171 reference thereto, subsection (1) of section 794.056, Florida
172 Statutes, is reenacted to read:
173 794.056 Rape Crisis Program Trust Fund.—
174 (1) The Rape Crisis Program Trust Fund is created within
175 the Department of Health for the purpose of providing funds for
176 rape crisis centers in this state. Trust fund moneys shall be
177 used exclusively for the purpose of providing services for
178 victims of sexual assault. Funds credited to the trust fund
179 consist of those funds collected as an additional court
180 assessment in each case in which a defendant pleads guilty or
181 nolo contendere to, or is found guilty of, regardless of
182 adjudication, an offense provided in s. 775.21(6) and (10)(a),
183 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
184 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
185 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
186 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
187 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
188 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
189 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
190 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
191 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
192 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
193 fund also shall include revenues provided by law, moneys
194 appropriated by the Legislature, and grants from public or
195 private entities.
196 Section 6. For the purpose of incorporating the amendment
197 made by this act to section 784.07, Florida Statutes, in a
198 reference thereto, paragraph (d) of subsection (3) of section
199 921.0022, Florida Statutes, is reenacted to read:
200 921.0022 Criminal Punishment Code; offense severity ranking
201 chart.—
202 (3) OFFENSE SEVERITY RANKING CHART
203 (d) LEVEL 4
204
205
206 FloridaStatute FelonyDegree Description
207 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
208 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
209 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
210 517.07(1) 3rd Failure to register securities.
211 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
212 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
213 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
214 784.075 3rd Battery on detention or commitment facility staff.
215 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
216 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
217 784.081(3) 3rd Battery on specified official or employee.
218 784.082(3) 3rd Battery by detained person on visitor or other detainee.
219 784.083(3) 3rd Battery on code inspector.
220 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
221 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
222 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
223 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
224 787.07 3rd Human smuggling.
225 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
226 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
227 790.115(2)(c) 3rd Possessing firearm on school property.
228 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
229 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
230 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
231 810.06 3rd Burglary; possession of tools.
232 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
233 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
234 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
235 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
236 817.505(4)(a) 3rd Patient brokering.
237 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
238 817.568(2)(a) 3rd Fraudulent use of personal identification information.
239 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
240 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
241 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
242 837.02(1) 3rd Perjury in official proceedings.
243 837.021(1) 3rd Make contradictory statements in official proceedings.
244 838.022 3rd Official misconduct.
245 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
246 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
247 843.021 3rd Possession of a concealed handcuff key by a person in custody.
248 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
249 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
250 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
251 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
252 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
253 914.14(2) 3rd Witnesses accepting bribes.
254 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
255 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
256 918.12 3rd Tampering with jurors.
257 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
258 Section 7. For the purpose of incorporating the amendment
259 made by this act to section 784.07, Florida Statutes, in a
260 reference thereto, section 938.08, Florida Statutes, is
261 reenacted to read:
262 938.08 Additional cost to fund programs in domestic
263 violence.—In addition to any sanction imposed for a violation of
264 s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s.
265 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
266 784.083, s. 784.085, s. 794.011, or for any offense of domestic
267 violence described in s. 741.28, the court shall impose a
268 surcharge of $201. Payment of the surcharge shall be a condition
269 of probation, community control, or any other court-ordered
270 supervision. The sum of $85 of the surcharge shall be deposited
271 into the Domestic Violence Trust Fund established in s. 741.01.
272 The clerk of the court shall retain $1 of each surcharge that
273 the clerk of the court collects as a service charge of the
274 clerk’s office. The remainder of the surcharge shall be provided
275 to the governing board of the county and must be used only to
276 defray the costs of incarcerating persons sentenced under s.
277 741.283 and provide additional training to law enforcement
278 personnel in combating domestic violence.
279 Section 8. For the purpose of incorporating the amendment
280 made by this act to section 784.07, Florida Statutes, in a
281 reference thereto, section 938.085, Florida Statutes, is
282 reenacted to read:
283 938.085 Additional cost to fund rape crisis centers.—In
284 addition to any sanction imposed when a person pleads guilty or
285 nolo contendere to, or is found guilty of, regardless of
286 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
287 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
288 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
289 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
290 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
291 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
292 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
293 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
294 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
295 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
296 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
297 $151. Payment of the surcharge shall be a condition of
298 probation, community control, or any other court-ordered
299 supervision. The sum of $150 of the surcharge shall be deposited
300 into the Rape Crisis Program Trust Fund established within the
301 Department of Health by chapter 2003-140, Laws of Florida. The
302 clerk of the court shall retain $1 of each surcharge that the
303 clerk of the court collects as a service charge of the clerk’s
304 office.
305 Section 9. This act shall take effect October 1, 2018.
