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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to sexually transmissible diseases; 2
providing a short title; amending s. 381.0041, F.S.; 3
reducing the degree of criminal penalty for certain 4
persons who are infected with human immunodeficiency 5
virus (HIV) and who donate blood, plasma, organs, 6
skin, or other human tissue for use in another person; 7
providing an exception; amending s. 384.23, F.S.; 8
defining the terms "sexual conduct" and "substan tial 9
risk of transmission"; amending s. 384.24, F.S.; 10
revising prohibitions relating to the intentional 11
transmission of certain diseases through sexual 12
conduct; providing exceptions; defining the term 13
"behavioral recommendations"; providing that a 14
person's failure to comply with behavioral 15
recommendations does not de facto establish intent to 16
transmit a disease; amending s. 384.34, F.S.; revising 17
penalties to conform to changes made by the act; 18
amending s. 775.0877, F.S.; revising requirements for 19
HIV testing in cases involving criminal transmission 20
of HIV; conforming provisions to changes made by the 21
act; amending s. 921.0022, F.S.; conforming a 22
provision to changes made by the act; amending s. 23
960.003, F.S.; conforming cross -references; providing 24
an effective date. 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
26
Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. This act may be cited as the "HIV Prevention 29
Justice Act." 30
Section 2. Paragraph (b) of subsection (11) of section 31
381.0041, Florida Statutes, is amended to read: 32
381.0041 Donation and transfer of human tissue; testing 33
requirements.— 34
(11) 35
(b) Except when the donation is deemed medically 36
appropriate by a licensed physician, any person who has human 37
immunodeficiency virus infection, who knows he or she is 38
infected with human immunodeficiency virus, and who has been 39
informed that he or she may communicate this disease by donating 40
blood, plasma, organs, skin, or other human tissue who donates 41
blood, plasma, organs, skin, or other human tissue for use in 42
another person commits a misdemeanor of the first degree is 43
guilty of a felony of the third degree , punishable as provided 44
in s. 775.082 or, s. 775.083, or s. 775.084. 45
Section 3. Section 384.23, Florida Statutes, is amended to 46
read: 47
384.23 Definitions. —As used in this chapter, the term: 48
(2)(1) "Department" means the Department of Health. 49
(1)(2) "County health department" means agencies and 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
entities as designated in chapter 154. 51
(3) "Sexual conduct" means conduct between persons, 52
regardless of gender, which is capable of transmitting a 53
sexually transmissible disease, including, but not limited to, 54
contact between a: 55
(a) Penis and a vulva or an anus; or 56
(b) Mouth and a penis, a vulva, or an anus. 57
(4) "Sexually transmissible disease" means a bacterial, 58
viral, fungal, or parasitic disease determined by rule of the 59
department to be sexually transmissible, to be a threat to the 60
public health and welfare, and to be a disease for which a 61
legitimate public interest will be served by providing for 62
prevention, elimination, control, and treatment. The department 63
must, by rule, determine which diseases are to be designated as 64
sexually transmissible diseases and shall consider the 65
recommendations and classificati ons of the Centers for Disease 66
Control and Prevention and other nationally recognized medical 67
authorities in that determination. Not all diseases that are 68
sexually transmissible need be designated for the purposes of 69
this act. 70
(5) "Substantial risk of tr ansmission" means a reasonable 71
probability of disease transmission as proven by competent 72
medical evidence. 73
Section 4. Section 384.24, Florida Statutes, is amended to 74
read: 75
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384.24 Unlawful acts. — 76
(1) It is unlawful for any person who has chancroid, 77
gonorrhea, granuloma inguinale, lymphogranuloma venereum, 78
genital herpes simplex, chlamydia, nongonococcal urethritis 79
(NGU), pelvic inflammatory disease (PID)/acute salpingitis, or 80
syphilis, or human immunodeficiency virus, when such person 81
knows he or she is infected with one or more of these diseases 82
and when such person has been informed that he or she may 83
communicate this disease to another person through sexual 84
conduct intercourse, to act with the intent to transmit the 85
disease, to engage in have sexual conduct that poses a 86
substantial risk of transmission to another person when the 87
intercourse with any other person is unaware that the person is 88
a carrier of the disease, and to transmit the disease to the , 89
unless such other person has been informed of the presence of 90
the sexually transmissible disease and has consented to the 91
sexual intercourse. 92
(2) A person does not act with the intent required under 93
subsection (1) if he or she in good faith complies with a 94
treatment regimen prescribed by his or her health care provider 95
or with the behavioral recommendations of his or her health care 96
provider or public health officials to limit the risk of 97
transmission, or if he or she offers to comply with such 98
behavioral recommendations but such offer is rejected by the 99
other person with whom he or she is engaging in sexual conduct. 100
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For purposes of this subsection, the term "behavioral 101
recommendations" includes, but is not limited to, the use of a 102
prophylactic device to limit the risk of transmission of the 103
disease. Evidence of the person's failure to comply with such a 104
treatment regimen or such behavioral recommendations is not, in 105
and of itself, sufficient to establish that he or she acted with 106
the intent required under subsection (1) It is unlawful for any 107
person who has human immunodeficiency virus infection, when such 108
person knows he or she is infected with this disease and when 109
such person has been informed that he or she may communicate 110
this disease to another person through sexual intercourse, to 111
have sexual intercourse with any other person, unless such other 112
person has been informed of the presence of the sexually 113
transmissible disease and has consented to the sexual 114
intercourse. 115
Section 5. Subsections (1), (2), (4), (5), and (6) of 116
section 384.34, Florida Statutes, are amended to read: 117
384.34 Penalties.— 118
(1) Any person who violates s. 384.24 the provisions of s. 119
384.24(1) commits a misdemeanor of the first degree, punishable 120
as provided in s. 775.082 or s. 775.083. 121
(2) Any person who violates the provisions of s. 384.26 or 122
s. 384.29 commits a misdemeanor of the first degree, punishable 123
as provided in s. 775.082 or s. 775.083. 124
(4) Any person who violates the provisions of the 125
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department's rules pertaining to sexually transmissible diseases 126
may be punished by a fine not to exceed $500 for each violation. 127
Any penalties enforced under this subsection shall be in 128
addition to other penalties provided by this chapter. The 129
department may enforce this section and adopt rules necessary to 130
administer this secti on. 131
(5) Any person who violates s. 384.24(2) commits a felony 132
of the third degree, punishable as provided in s. 775.082, s. 133
775.083, or s. 775.084. Any person who commits multiple 134
violations of s. 384.24(2) commits a felony of the first degree, 135
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 136
(6) Any person who obtains information that identifies an 137
individual who has a sexually transmissible disease, who knew or 138
should have known the nature of the information , and 139
maliciously, or for mo netary gain, disseminates this information 140
or otherwise makes this information known to any other person, 141
except by providing it either to a physician or nurse employed 142
by the Department of Health or to a law enforcement agency, 143
commits a felony of the thi rd degree, punishable as provided in 144
s. 775.082, s. 775.083, or s. 775.084. 145
Section 6. Subsections (1), (3), and (6) of section 146
775.0877, Florida Statutes, are amended to read: 147
775.0877 Criminal transmission of HIV; procedures; 148
penalties.— 149
(1) In any case in which a person has been convicted of or 150
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has pled nolo contendere or guilty to, regardless of whether 151
adjudication is withheld, any of the following offenses, or the 152
attempt thereof, which offense or attempted offense involves the 153
transmission of body fluids, with the exception of saliva, from 154
one person to another: 155
(a) Section 794.011, relating to sexual battery; 156
(b) Section 826.04, relating to incest; 157
(c) Section 800.04, relating to lewd or lascivious 158
offenses committed upon or in the presence of persons less than 159
16 years of age; 160
(d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), 161
relating to assault; 162
(e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), 163
relating to aggravated assault; 164
(f) Sections 784.03, 784.07(2)(b), and 784 .08(2)(c), 165
relating to battery; 166
(g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), 167
relating to aggravated battery; 168
(h) Section 827.03(2)(c), relating to child abuse; 169
(i) Section 827.03(2)(a), relating to aggravated child 170
abuse; 171
(j) Section 825.102(1), relating to abuse of an elderly 172
person or disabled adult; 173
(k) Section 825.102(2), relating to aggravated abuse of an 174
elderly person or disabled adult; 175
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(l) Section 827.071, relating to sexual performance by 176
person less than 18 years of age; 177
(m) Sections 796.07 and 796.08, relating to prostitution; 178
(n) Section 381.0041(11)(b), relating to donation of 179
blood, plasma, organs, skin, or other human tissue; or 180
(n)(o) Sections 787.06(3)(b), (d), (f), and (g), relating 181
to human trafficking, 182
183
the court shall order the offender to undergo HIV testing, to be 184
performed under the direction of the Department of Health in 185
accordance with s. 381.004, unless the offender has undergone 186
HIV testing voluntarily or pursuant to procedures established in 187
s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or 188
rule providing for HIV testing of criminal offenders or inmates, 189
subsequent to her or his arrest for an offense enumerated in 190
paragraphs (a)-(m) (a)-(n) for which she or he was convicted or 191
to which she or he pled nolo contendere or guilty. The results 192
of an HIV test performed on an offender pursuant to this 193
subsection are not admissible in any criminal proceeding arising 194
out of the alleged offense. 195
(3) An offender who has undergone HIV testing pursuant to 196
subsection (1), and to whom positive test results have been 197
disclosed pursuant to subsection (2), who commits a second or 198
subsequent offense enumerated in paragraphs (1)(a)-(m) (1)(a)-199
(n), commits criminal transmission of HIV, a misdemeanor of the 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
first felony of the third degree, punishable as provided in s. 201
775.082 or, s. 775.083, or s. 775.084. A person may be convicted 202
and sentenced separately for a violation of this subsection and 203
for the underlying crime enumerated in paragraphs (1)(a)-(m) 204
(1)(a)-(n). 205
(6) For an alleged violation of any offense enumerated in 206
paragraphs (1)(a)-(m) (1)(a)-(n) for which the consent of the 207
victim may be raised as a defense in a criminal prosecution, it 208
is an affirmative defense to a charge of violating this s ection 209
that the person exposed knew that the offender was infected with 210
HIV, knew that the action being taken could result in 211
transmission of the HIV infection, and consented to the action 212
voluntarily with that knowledge. 213
Section 7. Paragraph (e) of su bsection (3) of section 214
921.0022, Florida Statutes, is amended to read: 215
921.0022 Criminal Punishment Code; offense severity 216
ranking chart.— 217
(3) OFFENSE SEVERITY RANKING CHART 218
(e) LEVEL 5 219
Florida
Statute
Felony
Degree Description
220
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
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leaving scene.
221
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
222
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
223
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
224
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
225
379.365(2)(c)1. 3rd Violation of rules relating to:
willful molestation of stone
crab traps, lines, or buoys;
illegal bartering, trading, or
sale, conspiring or aiding in
such barter, trade, or sale, or
supplying, agreeing to supply,
aiding in supplying, or giving
away stone crab trap tags or
certificates; making, altering,
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forging, counterfeiting, or
reproducing stone crab trap
tags; possession of forged,
counterfeit, or imitation stone
crab trap tags; and engaging in
the commercial harvest of stone
crabs while license is
suspended or revoked.
226
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
227
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
228
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
229
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
230
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
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231
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
232
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
233
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
234
790.01(2) 3rd Carrying a concealed firearm.
235
790.162 2nd Threat to throw or discharge
destructive device.
236
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
237
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790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
238
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
239
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
240
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
241
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
242
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
243
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
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but less than $50,000.
244
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
245
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
246
812.081(3) 2nd Trafficking in trade secrets.
247
812.131(2)(b) 3rd Robbery by sudden snatching.
248
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
249
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
250
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
251
817.2341(1),
(2)(a) &
3rd Filing false financial
statements, making false
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(3)(a) entries of material fact or
false statements regarding
property values relating to the
solvency of an insuring entity.
252
817.568(2)(b) 2nd Fraudulent use of personal
identification information;
value of benefit, services
received, payment avoided, or
amount of injury or fraud,
$5,000 or more or use of
personal identification
information of 10 or more
persons.
253
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
254
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
255
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
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person or disabled adult.
256
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes sexual conduct by a
child.
257
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes
sexual conduct by a child.
258
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.
259
839.13(2)(b) 2nd Falsifying records of an
individual in the care and
custody of a state agency
involving great bodily harm or
death.
260
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843.01 3rd Resist officer with violence to
person; resist arrest with
violence.
261
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
262
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
263
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
264
874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal
gang; second or subsequent
offense.
265
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
266
893.13(1)(a)1. 2nd Sell, manufacture, or deliver
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cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.
drugs).
267
893.13(1)(c)2. 2nd Sell, manufacture, or deliver
cannabis (or other s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
268
893.13(1)(d)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of
university.
269
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893.13(1)(e)2. 2nd Sell, manufacture, or deliver
cannabis or other drug
prohibited under s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9 .,
(2)(c)10., (3), or (4) within
1,000 feet of property used for
religious services or a
specified business site.
270
893.13(1)(f)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
or (2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of
public housing facility.
271
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
272
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
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273
Section 8. Paragraphs (a) and (b) of subsection (2) and 274
paragraph (a) of subsection (3) of section 960.003, Florida 275
Statutes, are amended to read: 276
960.003 Hepatitis and HIV testing for persons charged with 277
or alleged by petition for delinquency to have committed certain 278
offenses; disclosure of results to victims. — 279
(2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION 280
FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES. — 281
(a) In any case in which a person has been charged by 282
information or indictment with or alleged by petition for 283
delinquency to have committed any offense enumerated in s. 284
775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n), which involves the 285
transmission of body fluids from one person to another, upon 286
request of the victim or the victim's legal guardia n, or of the 287
parent or legal guardian of the victim if the victim is a minor, 288
the court shall order such person to undergo hepatitis and HIV 289
testing within 48 hours after the information, indictment, or 290
petition for delinquency is filed. In the event the v ictim or, 291
if the victim is a minor, the victim's parent or legal guardian 292
requests hepatitis and HIV testing after 48 hours have elapsed 293
from the filing of the indictment, information, or petition for 294
delinquency, the testing shall be done within 48 hours after the 295
request. 296
(b) However, when a victim of any sexual offense 297
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enumerated in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n) is 298
under the age of 18 at the time the offense was committed or 299
when a victim of any sexual offense enumerated in s. 300
775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n) or s. 825.1025 is a 301
disabled adult or elderly person as defined in s. 825.1025 302
regardless of whether the offense involves the transmission of 303
bodily fluids from one person to another, then upon the request 304
of the victim or the victim's legal guardian, or of the parent 305
or legal guardian, the court shall order such person to undergo 306
hepatitis and HIV testing within 48 hours after the information, 307
indictment, or petition for delinquency is filed. In the event 308
the victim or, if the victim is a minor, the victim's parent or 309
legal guardian requests hepatitis and HIV testing after 48 hours 310
have elapsed from the filing of the indictment, information, or 311
petition for delinquency, the testing shall be done within 48 312
hours after the request. The testing shall be performed under 313
the direction of the Department of Health in accordance with s. 314
381.004. The results of a hepatitis and HIV test performed on a 315
defendant or juvenile offender pursuant to this subsection shall 316
not be admissible in any criminal or juvenile proceeding arising 317
out of the alleged offense. 318
(3) DISCLOSURE OF RESULTS. — 319
(a) The results of the test shall be disclosed no later 320
than 2 weeks after the court receives such results, under the 321
direction of the Departme nt of Health, to the person charged 322
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with or alleged by petition for delinquency to have committed or 323
to the person convicted of or adjudicated delinquent for any 324
offense enumerated in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)-325
(n), which involves the transmis sion of body fluids from one 326
person to another, and, upon request, to the victim or the 327
victim's legal guardian, or the parent or legal guardian of the 328
victim if the victim is a minor, and to public health agencies 329
pursuant to s. 775.0877. If the alleged o ffender is a juvenile, 330
the test results shall also be disclosed to the parent or 331
guardian. When the victim is a victim as described in paragraph 332
(2)(b), the test results must also be disclosed no later than 2 333
weeks after the court receives such results, to the person 334
charged with or alleged by petition for delinquency to have 335
committed or to the person convicted of or adjudicated 336
delinquent for any offense enumerated in s. 775.0877(1)(a)-(m) 337
s. 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the 338
offense involves the transmission of bodily fluids from one 339
person to another, and, upon request, to the victim or the 340
victim's legal guardian, or the parent or legal guardian of the 341
victim, and to public health agencies pursuant to s. 775.0877. 342
Otherwise, hepatitis and HIV test results obtained pursuant to 343
this section are confidential and exempt from the provisions of 344
s. 119.07(1) and s. 24(a), Art. I of the State Constitution and 345
shall not be disclosed to any other person except as expressly 346
authorized by law or court order. 347
HB 813 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0813-00
Page 23 of 23
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 9. This act shall take effect July 1, 2022. 348