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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 transmission of 11
certain diseases through sexual conduct; amending s. 12
384.34, F.S.; revising penalties to conform to changes 13
made by the act; amending s. 775.0877, F .S.; revising 14
requirements for HIV testing in cases involving 15
criminal transmission of HIV; conforming provisions to 16
changes made by the act; amending s. 921.0022, F.S.; 17
conforming a provision to changes made by the act; 18
amending s. 960.003, F.S.; conformi ng cross-19
references; providing an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. This act may be cited as the "HIV Prevention 24
Justice Act." 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
Section 2. Paragraph (b) of subsection (11) of section 26
381.0041, Florida Statutes, is amended to read: 27
381.0041 Donation and transfer of human tissue; testing 28
requirements.— 29
(11) 30
(b) Except when the donation is deemed medically 31
appropriate by a licensed physician, any person who has human 32
immunodeficiency virus in fection, who knows he or she is 33
infected with human immunodeficiency virus, and who has been 34
informed that he or she may communicate this disease by donating 35
blood, plasma, organs, skin, or other human tissue who donates 36
blood, plasma, organs, skin, or oth er human tissue for use in 37
another person commits a misdemeanor of the first degree is 38
guilty of a felony of the third degree , punishable as provided 39
in s. 775.082 or, s. 775.083, or s. 775.084. 40
Section 3. Section 384.23, Florida Statutes, is amended t o 41
read: 42
384.23 Definitions. —As used in this chapter, the term: 43
(1)(2) "County health department" means agencies and 44
entities as designated in chapter 154. 45
(2)(1) "Department" means the Department of Health. 46
(3) "Sexual conduct" means conduct betwee n persons, 47
regardless of gender, which is capable of transmitting a 48
sexually transmissible disease, including, but not limited to, 49
contact between a: 50
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(a) Penis and a vulva or an anus; or 51
(b) Mouth and a penis, a vulva, or an anus. 52
(4) "Sexually transmissible disease" means a bacterial, 53
viral, fungal, or parasitic disease determined by rule of the 54
department to be sexually transmissible, to be a threat to the 55
public health and welfare, and to be a disease for which a 56
legitimate public interest will be served by providing for 57
prevention, elimination, control, and treatment. The department 58
must, by rule, determine which diseases are to be designated as 59
sexually transmissible diseases and shall consider the 60
recommendations and classifications of the Center s for Disease 61
Control and Prevention and other nationally recognized medical 62
authorities in that determination. Not all diseases that are 63
sexually transmissible need be designated for the purposes of 64
this act. 65
(5) "Substantial risk of transmission" means a reasonable 66
probability of disease transmission as proven by competent 67
medical evidence. 68
Section 4. Section 384.24, Florida Statutes, is amended to 69
read: 70
384.24 Unlawful acts. — 71
(1) It is unlawful for any person who has chancroid, 72
gonorrhea, granuloma inguinale, lymphogranuloma venereum, 73
genital herpes simplex, chlamydia, nongonococcal urethritis 74
(NGU), pelvic inflammatory disease (PID)/acute salpingitis, or 75
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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
syphilis, or human immunodeficiency virus, when such person 76
knows he or she is infected wit h one or more of these diseases 77
and when such person has been informed that he or she may 78
communicate this disease to another person through sexual 79
conduct intercourse, to engage in have sexual conduct 80
intercourse with any other person that poses a substan tial risk 81
of transmission to another person , unless such other person has 82
been informed of the presence of the sexually transmissible 83
disease and has consented to the sexual conduct intercourse. 84
(2) It is unlawful for any person who has human 85
immunodeficiency virus infection, when such person knows he or 86
she is infected with this disease and when such person has been 87
informed that he or she may communicate this disease to another 88
person through sexual intercourse, to have sexual intercourse 89
with any other person, unless such other person has been 90
informed of the presence of the sexually transmissible disease 91
and has consented to the sexual intercourse. 92
Section 5. Section 384.34, Florida Statutes, is amended to 93
read: 94
384.34 Penalties.— 95
(1)(a) Except as provided in paragraph (b), any person who 96
violates s. 384.24 the provisions of s. 384.24(1) commits a 97
misdemeanor of the first degree, punishable as provided in s. 98
775.082 or s. 775.083. 99
(b)(5) Any person who violates s. 384.24(2) commits a 100
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felony of the third degree, punishable as provided in s. 101
775.082, s. 775.083, or s. 775.084. Any person who commits a 102
second or subsequent violation of s. 384.24 multiple violations 103
of s. 384.24(2) commits a felony of the third first degree, 104
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 105
(2) Any person who violates the provisions of s. 384.26 or 106
s. 384.29 commits a misdemeanor of the first degree, punishable 107
as provided in s. 775.082 or s. 775.083. 108
(3) Any person who maliciously disseminates any false 109
information or report concerning the existence of any sexually 110
transmissible disease commits a felony of the third degree, 111
punishable as provided in ss. 775.082, 775.083, and 775.084. 112
(4) Any person who violates th e provisions of the 113
department's rules pertaining to sexually transmissible diseases 114
may be punished by a fine not to exceed $500 for each violation. 115
Any penalties enforced under this subsection shall be in 116
addition to other penalties provided by this chap ter. The 117
department may enforce this section and adopt rules necessary to 118
administer this section. 119
(4)(6) Any person who obtains information that identifies 120
an individual who has a sexually transmissible disease, who knew 121
or should have known the nature of the information, and 122
maliciously, or for monetary gain, disseminates this information 123
or otherwise makes this information known to any other person, 124
except by providing it either to a physician or nurse employed 125
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by the Department of Health or to a law e nforcement agency, 126
commits a felony of the third degree, punishable as provided in 127
s. 775.082, s. 775.083, or s. 775.084. 128
Section 6. Subsections (1), (3), and (6) of section 129
775.0877, Florida Statutes, are amended to read: 130
775.0877 Criminal transmiss ion of HIV; procedures; 131
penalties.— 132
(1) In any case in which a person has been convicted of or 133
has pled nolo contendere or guilty to, regardless of whether 134
adjudication is withheld, any of the following offenses, or the 135
attempt thereof, which offense or attempted offense involves the 136
transmission of body fluids , with the exception of saliva, from 137
one person to another: 138
(a) Section 794.011, relating to sexual battery; 139
(b) Section 826.04, relating to incest; 140
(c) Section 800.04, relating to lewd or las civious 141
offenses committed upon or in the presence of persons less than 142
16 years of age; 143
(d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), 144
relating to assault; 145
(e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), 146
relating to aggravated assault; 147
(f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), 148
relating to battery; 149
(g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), 150
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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
relating to aggravated battery; 151
(h) Section 827.03(2)(c), relating to child abuse; 152
(i) Section 827.03(2)(a), relating to a ggravated child 153
abuse; 154
(j) Section 825.102(1), relating to abuse of an elderly 155
person or disabled adult; 156
(k) Section 825.102(2), relating to aggravated abuse of an 157
elderly person or disabled adult; 158
(l) Section 827.071, relating to sexual performance by 159
person less than 18 years of age; 160
(m) Sections 796.07 and 796.08, relating to prostitution; 161
(n) Section 381.0041(11)(b), relating to donation of 162
blood, plasma, organs, skin, or other human tissue; or 163
(n)(o) Sections 787.06(3)(b), (d), (f), and (g), relating 164
to human trafficking, 165
166
the court shall order the offender to undergo HIV testing, to be 167
performed under the direction of the Department of Health in 168
accordance with s. 381.004, unless the offender has un dergone 169
HIV testing voluntarily or pursuant to procedures established in 170
s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or 171
rule providing for HIV testing of criminal offenders or inmates, 172
subsequent to her or his arrest for an offense enumera ted in 173
paragraphs (a)-(m) (a)-(n) for which she or he was convicted or 174
to which she or he pled nolo contendere or guilty. The results 175
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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
of an HIV test performed on an offender pursuant to this 176
subsection are not admissible in any criminal proceeding arising 177
out of the alleged offense. 178
(3) An offender who has undergone HIV testing pursuant to 179
subsection (1), and to whom positive test results have been 180
disclosed pursuant to subsection (2), who commits a second or 181
subsequent offense enumerated in paragraphs (1)(a)-(m) (1)(a)-182
(n), commits criminal transmission of HIV, a misdemeanor of the 183
first felony of the third degree, punishable as provided in s. 184
775.082 or, s. 775.083, or s. 775.084. A person may be convicted 185
and sentenced separately for a violation of this subsection and 186
for the underlying crime enumerated in paragraphs (1)(a)-(m) 187
(1)(a)-(n). 188
(6) For an alleged violation of any offense enumerated in 189
paragraphs (1)(a)-(m) (1)(a)-(n) for which the consent of the 190
victim may be raised as a defense in a crimin al prosecution, it 191
is an affirmative defense to a charge of violating this section 192
that the person exposed knew that the offender was infected with 193
HIV, knew that the action being taken could result in 194
transmission of the HIV infection, and consented to th e action 195
voluntarily with that knowledge. 196
Section 7. Paragraph (e) of subsection (3) of section 197
921.0022, Florida Statutes, is amended to read: 198
921.0022 Criminal Punishment Code; offense severity 199
ranking chart.— 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
(3) OFFENSE SEVERITY RANKING CHART 201
(e) LEVEL 5 202
203
Florida
Statute
Felony
Degree Description
204
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
205
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
206
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
207
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
208
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
209
379.365(2)(c)1. 3rd Violation of rules relating to:
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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
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, o r giving
away stone crab trap tags or
certificates; making, altering,
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.
210
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
211
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
212
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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
381.0041(11)(b) 3rd Donate blood, plasma , or organs
knowing HIV positive.
213
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
214
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
215
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
216
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
217
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
218
790.01(2) 3rd Carrying a concealed firearm.
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219
790.162 2nd Threat to throw or discharge
destructive device.
220
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of fire arms
in violent manner.
221
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
222
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
223
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
224
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
225
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
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older.
226
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
227
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
228
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
229
812.015(8)(f) 3rd Retail theft; multiple thefts
within specified period.
230
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
231
812.081(3) 2nd Trafficking in trade secrets.
232
812.131(2)(b) 3rd Robbery by sudden snatching.
233
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812.16(2) 3rd Owning, operating, or
conducting a chop shop.
234
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
235
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
236
817.2341(1),
(2)(a) &
(3)(a)
3rd Filing false financial
statements, making false
entries of material fact or
false statements regarding
property values relating to the
solvency of an insuring entity.
237
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
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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
persons.
238
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
239
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
240
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
241
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes child pornography.
242
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes
child pornography.
243
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828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.
244
836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
identifiable person without
consent.
245
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.
246
843.01 3rd Resist officer with violence to
person; resist arrest with
violence.
247
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
248
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847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
249
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
250
874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal
gang; second or subsequent
offense.
251
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
252
893.13(1)(a)1. 2nd 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).
253
893.13(1)(c)2. 2nd Sell, manufacture, or deliver
cannabis (or other s.
893.03(1)(c), (2)(c)1.,
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(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.
254
893.13(1)(d)1. 1st Sell, manufacture, or deli ver
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.
255
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
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religious services or a
specified business site.
256
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.
257
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
258
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
259
Section 8. Paragraphs (a) and (b) of subsection (2) and 260
paragraph (a) of subsection (3) of section 960.003, Florida 261
Statutes, are amended to read: 262
960.003 Hepatitis and HIV testing for persons charged with 263
or alleged by petition for delinquency to have committed certain 264
offenses; disclosure of results to victims. — 265
(2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION 266
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FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES. — 267
(a) In any case in which a person has been charg ed by 268
information or indictment with or alleged by petition for 269
delinquency to have committed any offense enumerated in s. 270
775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n), which involves the 271
transmission of body fluids from one person to another, upon 272
request of the victim or the victim's legal guardian, or of the 273
parent or legal guardian of the victim if the victim is a minor, 274
the court shall order such person to undergo hepatitis and HIV 275
testing within 48 hours after the information, indictment, or 276
petition for delinquency is filed. In the event the victim or, 277
if the victim is a minor, the victim's parent or legal guardian 278
requests hepatitis and HIV testing after 48 hours have elapsed 279
from the filing of the indictment, information, or petition for 280
delinquency, the testing shall be done within 48 hours after the 281
request. 282
(b) However, when a victim of any sexual offense 283
enumerated in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n) is 284
under the age of 18 at the time the offense was committed or 285
when a victim of any sex ual offense enumerated in s. 286
775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n) or s. 825.1025 is a 287
disabled adult or elderly person as defined in s. 825.1025 288
regardless of whether the offense involves the transmission of 289
bodily fluids from one person to another, th en upon the request 290
of the victim or the victim's legal guardian, or of the parent 291
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or legal guardian, the court shall order such person to undergo 292
hepatitis and HIV testing within 48 hours after the information, 293
indictment, or petition for delinquency is f iled. In the event 294
the victim or, if the victim is a minor, the victim's parent or 295
legal guardian requests hepatitis and HIV testing after 48 hours 296
have elapsed from the filing of the indictment, information, or 297
petition for delinquency, the testing shall be done within 48 298
hours after the request. The testing shall be performed under 299
the direction of the Department of Health in accordance with s. 300
381.004. The results of a hepatitis and HIV test performed on a 301
defendant or juvenile offender pursuant to this subsection shall 302
not be admissible in any criminal or juvenile proceeding arising 303
out of the alleged offense. 304
(3) DISCLOSURE OF RESULTS. — 305
(a) The results of the test shall be disclosed no later 306
than 2 weeks after the court receives such results, under the 307
direction of the Department of Health, to the person charged 308
with or alleged by petition for delinquency to have committed or 309
to the person convicted of or adjudicated delinquent for any 310
offense enumerated in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)-311
(n), which involves the transmission of body fluids from one 312
person to another, and, upon request, to the victim or the 313
victim's legal guardian, or the parent or legal guardian of the 314
victim if the victim is a minor, and to public health agencies 315
pursuant to s. 775.0877. If the alleged offender is a juvenile, 316
CS/HB 659 2023
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hb0659-01-c1
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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
the test results shall also be disclosed to the parent or 317
guardian. When the victim is a victim as described in paragraph 318
(2)(b), the test results must also be disclosed no later than 2 319
weeks after the court receives such results, to the person 320
charged with or alleged by petition for delinquency to have 321
committed or to the person convicted of or adjudicated 322
delinquent for any offense enumerated in s. 775.0877(1)(a)-(m) 323
s. 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the 324
offense involves the transmission of bodily fluids from one 325
person to another, and, upon request, to the victim or the 326
victim's legal guardian, or the parent or legal guardian of the 327
victim, and to public health agencies pursuant to s. 775.0877. 328
Otherwise, hepatitis and HIV test results obtained pursuant to 329
this section are confidential and exempt from the provisions of 330
s. 119.07(1) and s. 24(a), Art. I of the State Constitution and 331
shall not be disclosed to any other person excep t as expressly 332
authorized by law or court order. 333
Section 9. This act shall take effect July 1, 2023. 334