Florida Statute 960.003 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 960
VICTIM ASSISTANCE

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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 Casetext

Amendments to 960.003

Arrestable Offenses / Crimes under Fla. Stat. 960.003

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 960.003.

Annotations, Discussions, Cases:

Cases Citing Statute 960.003

Total Results: 20

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-06.

Court: Supreme Court of Florida | Date Filed: 2018-12-20

Citation: 260 So. 3d 941

Snippet: is alleged in the charging document). *960 3. (Defendant) knew the money or property

Latham v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-02-10

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

Snippet: applicable statutes are sections 960.065(í)(a) and 960.03(14), Florida Statutes (2012). Latham contended

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

Court: District Court of Appeal of Florida | Date Filed: 2016-01-06

Citation: 183 So. 3d 1163, 2016 Fla. App. LEXIS 236

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-09-24

Snippet: 001(1)(e), Fla. Stat. 5 Cf. s. 960.03(14), Fla. Stat., defining "[v]ictim" and s.960.03(3), Fla. Stat., defining

M.D. v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-06-16

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

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

MD v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-06-16

Citation: 993 So. 2d 1061, 2008 WL 2403723

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

State v. J.M.

Court: Supreme Court of Florida | Date Filed: 2002-07-03

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

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

State v. JM

Court: Supreme Court of Florida | Date Filed: 2002-07-03

Citation: 824 So. 2d 105, 2002 WL 1448825

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

Isom v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-11-30

Citation: 722 So. 2d 237, 1998 WL 830660

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

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

Court: District Court of Appeal of Florida | Date Filed: 1998-07-01

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

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

James v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-06-18

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

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

Fosman v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-12-27

Citation: 664 So. 2d 1163, 1995 WL 757879

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

Florida Bar re Amendments to Rules Regulating the Florida Bar

Court: Supreme Court of Florida | Date Filed: 1995-07-20

Citation: 658 So. 2d 930, 20 Fla. L. Weekly Supp. 410, 1995 Fla. LEXIS 1188, 1995 WL 424165

Snippet: material of such continuing legal education seminars; *960(3) authoring articles or books published in professional

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

Court: Supreme Court of Florida | Date Filed: 1995-01-26

Citation: 649 So. 2d 1370, 1995 WL 27510

Snippet: for HIV testing), which conforms with section 960.003, Florida Statutes (Supp. 1992), and form 8.950

State v. Brewster

Court: District Court of Appeal of Florida | Date Filed: 1992-07-02

Citation: 601 So. 2d 1289, 1992 WL 150873

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

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

Court: District Court of Appeal of Florida | Date Filed: 1985-10-30

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1982-10-29

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

Snippet: concurrently within the provisions of sections 960.-03(1) and 960.03(7), and was both the victim of the crime

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

Court: District Court of Appeal of Florida | Date Filed: 1982-10-08

Citation: 420 So. 2d 887

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

Davis v. Bureau of Crimes Compensation

Court: District Court of Appeal of Florida | Date Filed: 1981-11-18

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

Snippet: constitute a “crime” for the purposes of Chapter 960.03(3); Florida Statutes (1979). We approve the deputy’s

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-10-19

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