Florida 2022 Regular Session

Florida House Bill H0813

Introduced
12/1/21  
Refer
12/16/21  
Refer
12/16/21  
Refer
12/16/21  

Caption

Sexually Transmissible Diseases

Impact

The legislation redefines several terms related to the transmission of STDs to clarify what constitutes 'intent' to transmit a disease. Importantly, the bill delineates that individuals who adhere to recommended treatments and disclose their HIV status to sexual partners are not acting with criminal intent if a disease is transmitted. Furthermore, it outlines new testing protocols for offenders charged with certain crimes involving bodily fluids, mandating HIV and hepatitis testing within 48 hours of the victim's request. This is a significant step intended to balance public health interests with privacy rights and the need for ethical medical practices.

Summary

House Bill 813, also known as the HIV Prevention Justice Act, addresses the legal landscape surrounding the transmission of sexually transmissible diseases (STDs) in Florida, particularly focusing on human immunodeficiency virus (HIV). The bill proposes a reduction in the severity of penalties for individuals who knowingly donate blood, plasma, or organs while being HIV positive, changing the offense from a felony of the third degree to a misdemeanor under specified circumstances. This modification aims to encourage those living with HIV to seek treatment and donate tissues without the fear of severe criminal repercussions.

Contention

There are notable discussions regarding the implications of changing the penalties associated with HIV transmission. Supporters argue that the bill fosters a more compassionate understanding of HIV and encourages individuals to engage in responsible behavior and treatment compliance. However, critics express concern that the revisions might undermine the accountability of individuals who knowingly put others at risk, arguing that the changes could dilute the urgency with which such matters should be approached. The bill’s comprehensive approach attempts to reconcile these divergent viewpoints within the community, emphasizing public health as a priority while still aiming for justice and fairness in the legal system.

Companion Bills

FL S1074

Same As HIV Prevention Justice Act

FL H0787

Similar To Transmission and Screening of HIV and Sexually Transmissible Diseases

FL S1468

Similar To Human Immunodeficiency Virus

Similar Bills

FL H0659

Sexually Transmissible Diseases

FL H0787

Transmission and Screening of HIV and Sexually Transmissible Diseases

FL H1371

Law Enforcement Officers and Other Personnel

FL H0341

Sexual Offenses Definitions

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Capital Human Trafficking of Vulnerable Persons for Sexual Exploitation

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Human Trafficking, Prostitution, and Lewdness

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FL H0235

Criminal Rehabilitation