Florida/Georgia Personal Injury & Workers Compensation

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

...there shall be imposed as an additional cost in the case... the sum of $50."); § 943.0585, Fla. Stat. (2001) (stating that "[a] criminal history record that relates to a violation of... chapter 794 ... may not be expunged" regardless of whether defendant was found guilty or adjudicated delinquent); § 960.003(4), Fla....

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

...d under the age of sixteen and seven counts of engaging in sexual activity with a child of twelve years or older but less than eighteen years, while in a position of familial or custodial authority. The victim was a fifteen year old boy. Pursuant to section 960.003, Florida Statutes (1991) [1] the defendant was ordered to *1290 submit to a blood test for the human immunodeficiency virus infection (HIV)....

...Accordingly, the trial court departed from the essential requirements of law in compelling the victim to submit to a blood test and the trial court's order is quashed. PETITION GRANTED AND ORDER QUASHED. HARRIS and PETERSON, JJ., concur. NOTES [1] Section 960.003 provides that in any case in which a person has been charged with any sexual offense which involves the transmission of body fluids, the victim or his or her legal guardian may request that the accused undergo HIV testing and the cour...

...We have jurisdiction. Rasmussen v. South Fla. Blood Serv., Inc., 500 So.2d 533 (Fla. 1987), Bartlett v. Hamwi, 626 So.2d 1040 (Fla. 4th DCA 1993). The victim in this case requested that petitioner be required to have an HIV test under Florida Statute section 960.003 (Supp....

...We agree that there exists no good faith argument for the reversal of appellant's delinquency adjudication and disposition, which we affirm without discussion. However, on the state's cross-appeal, we agree that the trial court erred in denying the state's motion for human immunodeficiency virus (HIV) testing pursuant to section 960.003, Florida Statutes (2007), and remand with directions that the trial court grant the motion. Appellant pled no contest to lewd or lascivious battery on a person less than 16 years of age pursuant to section 800.04(4)(a), Florida Statutes (2007). At the victim's request, the state filed a motion for HIV testing pursuant to section 960.003, Florida Statutes (2007), which provides in pertinent part: (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 i...

...’s delinquency adjudication and disposition, which we affirm without discussion. However, on the state’s cross-appeal, we agree that the trial court erred in denying the state’s motion for human immunodeficiency virus (HIV) testing pursuant to section 960.003, Florida Statutes (2007), and remand with directions that the trial court grant the motion. Appellant pled no contest to lewd or lascivious battery on a person less than 16 years of age pursuant to section 800.04(4)(a), Florida Statutes (2007). At the victim’s request, the state filed a motion for HIV testing pursuant to section 960.003, Florida Statutes (2007), which provides in pertinent part: (1) LEGISLATIVE INTENT....

...the sum of $50.”); § 943.0585, Fla. Stat. (2001) (stating that “[a] criminal history record that relates to a violation of ... chapter 794 ... may not be expunged” regardless of whether defendant was found guilty or adjudicated delinquent); § 960.003(4), Fla....

...es (1991); (7) form 8.947, to conform to section 960.20, Florida Statutes (Supp. 1992); and (8) form 8.961 to conform to federal requirements for funding. The Committee has also created form 8.949 (an order form for HIV testing), which conforms with section 960.003, Florida Statutes (Supp....

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

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

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

...Riewe, Assistant Public Defender, Viera, for Petitioner. No Appearance for Respondent. DAUKSCH, J. David Isom, who is charged with various sexual offenses, seeks certiorari review of the trial court's order requiring him to submit to HIV testing pursuant to section 960.003, Florida Statutes (1997)....

...He is also charged with four counts of committing a lewd, lascivious or indecent act upon a child. In one of those counts, he allegedly forced or enticed the victim to masturbate him, in violation of section 800.04(2). The state then filed its motion for defendant to submit to HIV testing, pursuant to section 960.003. Consistent with the requirements of section 960.003(2), the state in its motion alleged that Isom has been charged with sexual offenses involving the transmission of body fluids and that the victim or the victim's parent or legal guardian has requested that he be required to submit to HIV testing....

...follows: THIS CAUSE having come before the Court on the State's Motions for Defendant to Submit to HIV Testing, and the defendant having been charged by Information with a requisite sexual offense, the Court finds that said testing is authorized by Section 960.003, Florida Statutes, and it is accordingly ORDERED AND ADJUDGED that the defendant shall submit to serologic and/or other testing to determine the presence of HIV infection, said testing to be performed under the direction of the Depart...

...Isom now seeks certiorari review of the trial court's order. In his petition he advances three main arguments. First, Isom argues that his offenses allegedly occurred more than eighteen months before the HIV testing was sought. He points out that the purpose of section 960.003 is to allow for early treatment of a possible HIV infection....

...He reasons that under the instant circumstances, the alleged offenses occurred "so long ago that the victim can have her own blood tested if she has concerns." We conclude that Isom's argument is meritless. We do not agree that his offenses occurred "so long ago" as he urges. In any event, nothing in section 960.003(2) imposes the sort of time limit that Isom seeks....

...However, Brewster is distinguishable, as it involved an attempt by the defendant to have the victim's blood tested and based its holding on the fact that there was no statutory or rule authority for compelling the victim to submit to HIV testing. In the instant case, of course, such statutory authority does exist, as section 960.003 is explicitly concerned with the victim's right to have the defendant tested for HIV. Isom *239 overlooks the clear legislative intent as expressed in section 960.003(1): "The Legislature finds that a victim of a criminal offense which involves the transmission of body fluids is entitled to know at the earliest possible opportunity whether the person charged with or alleged by petition for delinque...

...of having sexual contact with her. He complains that on the other hand he would suffer great discrimination due to the fact he is incarcerated, as it is "impossible to keep many things secret in the jail." Isom's arguments are meritless. Nothing in section 960.003(2) requires the sort of findings that he urges. As for his concern of discrimination, that is purely speculative at this juncture. We conclude that the trial court's order in the instant case fully complies with the dictates of section 960.003....

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

...Petitioner challenges an order of the trial court requiring her to undergo HIV testing pursuant to section 960.008, Florida Statutes (1995). In Fosman v. State, 664 So.2d 1163 (Fla. 4th DCA 1995), we held that the statutory framework under which testing is required did not contravene the Fourth Amendment. Section 960.003(2) provides that a court “shall” order HIV testing if certain prerequisites are met: In any case in which a person has been charged by information or indictment with any offense enumerated in s....

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

...include a requirement that P.R. submit to hepatitis and HIV testing. P.R. argues that the court impermissibly used Florida Rule of Criminal Procedure 3.800(c) as a backdoor mechanism to impose hepatitis and HIV testing when it was not permitted to do so under section 960.003 of the Florida Statutes....

...to probation. The court’s disposition order did not require P.R. to submit to any hepatitis or HIV testing. After the court issued its disposition, the state filed a “Motion to Have the Defendant Tested for Hepatitis and HIV” pursuant to section 960.003 of the Florida Statutes. P.R. moved to strike the state’s motion, arguing that section 960.003 did not permit the relief requested as the state did not request testing before sentencing and P.R. was not adjudicated delinquent. The state later refiled its motion as a “Motion to Modify Sentence” under Florida Rule of Criminal Procedure 3.800. The court ruled that while it could not order hepatitis and HIV testing under section 960.003, it could order the testing under Florida Rules of Criminal Procedure 3.800(c). Accordingly, the court entered a modified disposition including the requirement that P.R. submit to testing pursuant to section 960.003. The State concedes that the court’s utilization of Rule 3.800(c) was improper, but argues that the ordered testing was permissible under section 960.003 and, therefore, urges us to affirm under the tipsy coachman doctrine.1 Section 960.003 of the Florida Statutes is located within the Victim Assistance chapter of the criminal code and is titled “Hepatitis and HIV testing for persons charged with or alleged by petition for delinquency to have committed certain offenses; disclosure of results to victims.” § 960.003, Fla....

...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. § 960.003(2)(a), Fla....

...The HIV and hepatitis testing statute is located in chapter 960. Thus, the court did not have the authority to order testing under Rule 3.800(c). 2 Whether the act of spitting on someone qualifies as “the transmission of body fluids” for purposes of section 960.003 was not raised as an issue in this appeal....

... 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. § 960.003(4), Fla. Stat. (emphasis added). As the State did not request that P.R. be tested before final disposition, our inquiry is limited to whether section 960.003(4) authorizes victim requested testing for a juvenile who pleaded to a qualifying offense but was not adjudicated delinquent. The guide for statutory construction is legislative intent, which must be determined primarily from the language of the statute....

...will not look behind the statute’s plain language for legislative intent or resort to rules of statutory construction to ascertain intent” insofar as this would constitute an abrogation of legislative power. State v. Burris, 875 So. 2d 408, 410 (Fla. 2004). The plain language of section 960.003(4) provides for testing following “delinquency adjudication.” While the term “delinquency adjudication” is not defined in chapter 960, case law establishes that statutory reference to a juvenile who has been adjudicated delinquent does not encompass a juvenile for whom adjudication has been withheld....

...More to the point, had the legislature wanted the statute to apply to those cases where the court withheld adjudication, it would have, and should have, said so. N.W., 767 So. 2d at 450−51. It did not and, therefore, P.R. could not be compelled to undergo testing under section 960.003(4) after the court withheld adjudication. Reversed. WARNER AND MAY, JJ., concur. * * * 3 Not final until disposition of timely filed motion for...

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