Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 960.003 - Full Text and Legal Analysis
Florida Statute 960.003 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 960.003 Case Law from Google Scholar Google Search for Amendments to 960.003

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 960
VICTIM ASSISTANCE
View Entire Chapter
F.S. 960.003
960.003 Hepatitis and HIV testing for persons charged with or alleged by petition for delinquency to have committed certain offenses; disclosure of results to victims.
(1) LEGISLATIVE INTENT.The Legislature finds that a victim of a criminal offense which involves the transmission of body fluids, or which involves certain sexual offenses in which the victim is a minor, disabled adult, or elderly person, is entitled to know at the earliest possible opportunity whether the person charged with or alleged by petition for delinquency to have committed the offense has tested positive for hepatitis or human immunodeficiency virus (HIV) infection. The Legislature finds that to deny victims access to hepatitis and HIV test results causes unnecessary mental anguish in persons who have already suffered trauma. The Legislature further finds that since medical science now recognizes that early diagnosis is a critical factor in the treatment of hepatitis and HIV infection, both the victim and the person charged with or alleged by petition for delinquency to have committed the offense benefit from prompt disclosure of hepatitis and HIV test results.
(2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.
(a) In any case in which a person has been charged by information or indictment with or alleged by petition for delinquency to have committed any offense enumerated in s. 775.0877(1)(a)-(n), which involves the transmission of body fluids from one person to another, upon request of the victim or the victim’s legal guardian, or of the parent or legal guardian of the victim if the victim is a minor, the court shall order such person to undergo hepatitis and HIV testing within 48 hours after the information, indictment, or petition for delinquency is filed. In the event the victim or, if the victim is a minor, the victim’s parent or legal guardian requests hepatitis and HIV testing after 48 hours have elapsed from the filing of the indictment, information, or petition for delinquency, the testing shall be done within 48 hours after the request.
(b) However, when a victim of any sexual offense enumerated in s. 775.0877(1)(a)-(n) is under the age of 18 at the time the offense was committed or when a victim of any sexual offense enumerated in s. 775.0877(1)(a)-(n) or s. 825.1025 is a disabled adult or elderly person as defined in s. 825.1025 regardless of whether the offense involves the transmission of bodily fluids from one person to another, then upon the request of the victim or the victim’s legal guardian, or of the parent or legal guardian, the court shall order such person to undergo hepatitis and HIV testing within 48 hours after the information, indictment, or petition for delinquency is filed. In the event the victim or, if the victim is a minor, the victim’s parent or legal guardian requests hepatitis and HIV testing after 48 hours have elapsed from the filing of the indictment, information, or petition for delinquency, the testing shall be done within 48 hours after the request. The testing shall be performed under the direction of the Department of Health in accordance with s. 381.004. The results of a hepatitis and HIV test performed on a defendant or juvenile offender pursuant to this subsection shall not be admissible in any criminal or juvenile proceeding arising out of the alleged offense.
(c) If medically appropriate, followup HIV testing shall be provided when testing has been ordered under paragraph (a) or paragraph (b). The medical propriety of followup HIV testing shall be based upon a determination by a physician and does not require an additional court order. Notification to the victim, or to the victim’s parent or legal guardian, and to the defendant of the results of each followup test shall be made as soon as practicable in accordance with this section.
(3) DISCLOSURE OF RESULTS.
(a) The results of the test shall be disclosed no later than 2 weeks after the court receives such results, under the direction of the Department of Health, to the person charged with or alleged by petition for delinquency to have committed or to the person convicted of or adjudicated delinquent for any offense enumerated in s. 775.0877(1)(a)-(n), which involves the transmission of body fluids from one person to another, and, upon request, to the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor, and to public health agencies pursuant to s. 775.0877. If the alleged offender is a juvenile, the test results shall also be disclosed to the parent or guardian. When the victim is a victim as described in paragraph (2)(b), the test results must also be disclosed no later than 2 weeks after the court receives such results, to the person charged with or alleged by petition for delinquency to have committed or to the person convicted of or adjudicated delinquent for any offense enumerated in s. 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the offense involves the transmission of bodily fluids from one person to another, and, upon request, to the victim or the victim’s legal guardian, or the parent or legal guardian of the victim, and to public health agencies pursuant to s. 775.0877. Otherwise, hepatitis and HIV test results obtained pursuant to this section are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and shall not be disclosed to any other person except as expressly authorized by law or court order.
(b) At the time that the results are disclosed to the victim or the victim’s legal guardian, or to the parent or legal guardian of a victim if the victim is a minor, the same immediate opportunity for face-to-face counseling which must be made available under s. 381.004 to those who undergo hepatitis and HIV testing shall also be afforded to the victim or the victim’s legal guardian, or to the parent or legal guardian of the victim if the victim is a minor.
(4) POSTCONVICTION TESTING.If, for any reason, the testing requested under subsection (2) has not been undertaken, then upon request of the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor, the court shall order the offender to undergo hepatitis and HIV testing following conviction or delinquency adjudication. The testing shall be performed under the direction of the Department of Health, and the results shall be disclosed in accordance with the provisions of subsection (3).
(5) EXCEPTIONS.Subsections (2) and (4) do not apply if:
(a) The person charged with or convicted of or alleged by petition for delinquency to have committed or been adjudicated delinquent for an offense described in subsection (2) has undergone hepatitis and HIV testing voluntarily or pursuant to procedures established in s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or rule providing for hepatitis and HIV testing of criminal defendants, inmates, or juvenile offenders, subsequent to his or her arrest, conviction, or delinquency adjudication for the offense for which he or she was charged or alleged by petition for delinquency to have committed; and
(b) The results of such hepatitis and HIV testing have been furnished to the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor.
(6) TESTING DURING INCARCERATION, DETENTION, OR PLACEMENT; DISCLOSURE.In any case in which a person convicted of or adjudicated delinquent for an offense described in subsection (2) has not been tested under subsection (2), but undergoes hepatitis and HIV testing during his or her incarceration, detention, or placement, the results of the initial hepatitis and HIV testing shall be disclosed in accordance with subsection (3). Except as otherwise requested by the victim or the victim’s legal guardian, or the parent or guardian of the victim if the victim is a minor, if the initial test is conducted within the first year of the imprisonment, detention, or placement, the request for disclosure shall be considered a standing request for any subsequent hepatitis and HIV test results obtained within 1 year after the initial hepatitis and HIV tests are performed, and need not be repeated for each test administration. Where the inmate or juvenile offender has previously been tested pursuant to subsection (2) the request for disclosure under this subsection shall be considered a standing request for subsequent hepatitis and HIV results conducted within 1 year of the test performed pursuant to subsection (2). If the hepatitis and HIV testing is performed by an agency other than the Department of Health, that agency shall be responsible for forwarding the test results to the Department of Health for disclosure in accordance with the provisions of subsection (3). This subsection shall not be limited to results of hepatitis and HIV tests administered subsequent to June 27, 1990, but shall also apply to the results of all hepatitis and HIV tests performed on inmates convicted of or juvenile offenders adjudicated delinquent for sex offenses as described in subsection (2) during their incarceration, detention, or placement prior to June 27, 1990.
History.s. 1, ch. 90-210; s. 17, ch. 92-287; s. 17, ch. 93-227; s. 2, ch. 93-230; s. 9, ch. 94-90; s. 29, ch. 96-322; s. 453, ch. 96-406; s. 1884, ch. 97-102; s. 125, ch. 99-3; s. 327, ch. 99-8; s. 7, ch. 2002-58; s. 2, ch. 2007-129; s. 50, ch. 2010-117; s. 12, ch. 2011-220; s. 116, ch. 2013-15.

F.S. 960.003 on Google Scholar

F.S. 960.003 on CourtListener

Amendments to 960.003


Annotations, Discussions, Cases:

Cases Citing Statute 960.003

Total Results: 18

United States v. Pedro Luis Christopher Tinoco

304 F.3d 1088, 59 Fed. R. Serv. 3d 1146, 2002 U.S. App. LEXIS 18479, 2002 WL 2013777

Court of Appeals for the Eleventh Circuit | Filed: Sep 4, 2002 | Docket: 67871

Cited 248 times | Published

penalties framework contained in 21 U.S.C. § 960. 3. The Effect of Our Sanchez Decision

State v. JM

824 So. 2d 105, 2002 WL 1448825

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 1435387

Cited 59 times | Published

was found guilty or adjudicated delinquent); § 960.003(4), Fla. Stat. (2001) ("[T]he court shall order

DIV. OF WORKERS'COMP, ETC. v. Brevda

420 So. 2d 887

District Court of Appeal of Florida | Filed: Oct 8, 1982 | Docket: 1711401

Cited 32 times | Published

psychiatric treatment, *890 arguing that because Section 960.03(6) defines "victim" as "any person who suffers

Fosman v. State

664 So. 2d 1163, 1995 WL 757879

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 1229701

Cited 5 times | Published

to have an HIV test under Florida Statute section 960.003 (Supp. 1994), the pertinent provisions of which

State v. Brewster

601 So. 2d 1289, 1992 WL 150873

District Court of Appeal of Florida | Filed: Jul 2, 1992 | Docket: 1710952

Cited 5 times | Published

victim was a fifteen year old boy. Pursuant to section 960.003, Florida Statutes (1991)[1] the defendant was

MD v. State

993 So. 2d 1061, 2008 WL 2403723

District Court of Appeal of Florida | Filed: Jun 16, 2008 | Docket: 1516020

Cited 2 times | Published

immunodeficiency virus (HIV) testing pursuant to section 960.003, Florida Statutes (2007), and remand with directions

M.D. v. State

993 So. 2d 1061, 2008 Fla. App. LEXIS 8982

District Court of Appeal of Florida | Filed: Jun 16, 2008 | Docket: 64856321

Cited 2 times | Published

immunodeficiency virus (HIV) testing pursuant to section 960.003, Florida Statutes (2007), and remand with directions

State v. J.M.

824 So. 2d 105, 27 Fla. L. Weekly Supp. 621, 2002 Fla. LEXIS 1468

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 64817028

Cited 2 times | Published

was found guilty or adjudicated delinquent); § 960.003(4), Fla. Stat. (2001) (“[T]he court shall order

In Re Amendments to Fla. Rules of Juv. Pro.

649 So. 2d 1370, 1995 WL 27510

Supreme Court of Florida | Filed: Jan 26, 1995 | Docket: 1693792

Cited 1 times | Published

form for HIV testing), which conforms with section 960.003, Florida Statutes (Supp. 1992), and form 8

Latham v. State

185 So. 3d 686, 2016 Fla. App. LEXIS 1754, 2016 WL 540650

District Court of Appeal of Florida | Filed: Feb 10, 2016 | Docket: 3035162

Published

is eligible for awards- under chapter 960. Section 960.03(14) defines “[v]ictim” as “[a] person who suffers

P.R., a child v. State of Florida

183 So. 3d 1163, 2016 Fla. App. LEXIS 236, 2016 WL 64434

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026031

Published

testing when it was not permitted to do so under section 960.003 of the Florida Statutes. We agree and reverse

Isom v. State

722 So. 2d 237, 1998 WL 830660

District Court of Appeal of Florida | Filed: Nov 30, 1998 | Docket: 1241870

Published

requiring him to submit to HIV testing pursuant to section 960.003, Florida Statutes (1997). We summarily deny

Calvit v. Department of Legal Affairs, Bureau of Crime Victim Compensation

714 So. 2d 1103, 1998 Fla. App. LEXIS 7979, 1998 WL 347242

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 64781957

Published

States, and was therefore not compensable under section 960.03(3), Florida Statutes (1995), because it did

James v. State

695 So. 2d 863, 1997 Fla. App. LEXIS 6696, 1997 WL 330537

District Court of Appeal of Florida | Filed: Jun 18, 1997 | Docket: 64774342

Published

required did not contravene the Fourth Amendment. Section 960.003(2) provides that a court “shall” order HIV

Medlin v. Bureau of Crimes Compensation Division of Workers' Compensation, Department of Labor & Security

477 So. 2d 1078, 10 Fla. L. Weekly 2465, 1985 Fla. App. LEXIS 16624

District Court of Appeal of Florida | Filed: Oct 30, 1985 | Docket: 64615190

Published

This appeal is controlled by that portion of section 960.03(3), Florida Statutes (1983), which provides

Bureau of Crimes Compensation, Department of Labor & Employment Security v. Traas

421 So. 2d 50, 1982 Fla. App. LEXIS 21458

District Court of Appeal of Florida | Filed: Oct 29, 1982 | Docket: 64592938

Published

defined under the Act. Victim is defined in section 960.03(7), Florida Statutes (1981), as “any person

Davis v. Bureau of Crimes Compensation

406 So. 2d 1189, 1981 Fla. App. LEXIS 21644

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 64586613

Published

driver’s act was a “crime” within the meaning of Section 960.03(3), inasmuch as the record establishes that

Ago

Florida Attorney General Reports | Filed: Oct 19, 1981 | Docket: 3257214

Published

or surcharge on any civil fine or penalty. Section 960.03(3), F.S. (1980 Supp.), defines `crime' in the