CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for CS for SB 484, 1st Eng.
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Arnall offered the following:
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13 Amendment to Amendment (984281) (with title amendment)
14 On page 21, between lines 3 and 4 of the amendment
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16 insert:
17 Section 20. Subsection (6) of section 381.004, Florida
18 Statutes, is amended to read:
19 381.004 Testing for human immunodeficiency virus.--
20 (6) PENALTIES.--
21 (a) Any violation of this section by a facility or
22 licensed health care provider shall be a ground for
23 disciplinary action contained in the facility's or
24 professional's respective licensing chapter.
25 (b) Any person who violates the confidentiality
26 provisions of this section and s. 951.27 commits a misdemeanor
27 of the first degree, punishable as provided in s. 775.082 or
28 s. 775.083.
29 (c) Any person who obtains information that identifies
30 an individual who has a sexually transmissible disease
31 including human immunodeficiency virus or acquired
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File original & 9 copies 04/28/98
hci0001 03:20 pm 00484-0018-802267
HOUSE AMENDMENT
Bill No. CS for CS for SB 484, 1st Eng.
Amendment No. (for drafter's use only)
1 immunodeficiency syndrome, who knew or should have known the
2 nature of the information and maliciously, or for monetary
3 gain, disseminates this information or otherwise makes this
4 information known to any other person, except by providing it
5 either to a physician or nurse employed by the department or
6 to a law enforcement agency, commits a felony of the third
7 degree, punishable as provided in ss. 775.082 or 775.083.
8 Section 21. Section 384.34, Florida Statutes, is
9 amended to read:
10 384.34 Penalties.--
11 (1) Any person who violates the provisions of s.
12 384.24(1) commits a misdemeanor of the first degree,
13 punishable as provided in s. 775.082 or s. 775.083.
14 (2) Any person who violates the provisions of s.
15 384.26 or s. 384.29 commits a misdemeanor of the first degree,
16 punishable as provided in s. 775.082 or s. 775.083.
17 (3) Any person who maliciously disseminates any false
18 information or report concerning the existence of any sexually
19 transmissible disease commits a felony of the third is guilty
20 of a misdemeanor of the second degree, punishable as provided
21 in ss. s. 775.082, or s. 775.083, and 775.084.
22 (4) Any person who violates the provisions of the
23 department's rules pertaining to sexually transmissible
24 diseases may be punished by a fine not to exceed $500 for each
25 violation. Any penalties enforced under this subsection shall
26 be in addition to other penalties provided by this act.
27 (5) Any person who violates the provisions of s.
28 384.24(2) commits a felony of the third degree, punishable as
29 provided in ss. 775.082, 775.083, 775.084, and 775.0877(7).
30 Any person who commits multiple violations of the provisions
31 of s. 384.24(2) commits a felony of the first degree,
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File original & 9 copies 04/28/98
hci0001 03:20 pm 00484-0018-802267
HOUSE AMENDMENT
Bill No. CS for CS for SB 484, 1st Eng.
Amendment No. (for drafter's use only)
1 punishable as provided in ss. 775.082, 775.083, 775.084, and
2 775.0877(7).
3 (6) Any person who obtains information that identifies
4 an individual who has a sexually transmissible disease, who
5 knew or should have known the nature of the information and
6 maliciously, or for monetary gain, disseminates this
7 information or otherwise makes this information known to any
8 other person, except by providing it either to a physician or
9 nurse employed by the Department of Health or to a law
10 enforcement agency, commits a felony of the third degree,
11 punishable as provided in ss. 775.082, 775.083, or 775.084.
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14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 On page 49, line 20, of the amendment
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18 insert after the semicolon:
19 amending s. 381.004, F.S., relating to HIV
20 testing; providing a penalty and increasing
21 existing penalties; amending s. 384.34, F.S.,
22 relating to sexually transmissible diseases;
23 providing a penalty and increasing existing
24 penalties;
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File original & 9 copies 04/28/98
hci0001 03:20 pm 00484-0018-802267