Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. SB 314
       
       
       
       
       
       
                                Ì580414~Î580414                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/10/2016 11:15 AM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment to Amendment (865416) (with title
    2  amendment)
    3  
    4         Before line 5
    5  insert:
    6         Section 1. Section 384.24, Florida Statutes, is amended to
    7  read:
    8         384.24 Unlawful acts.—
    9         (1) It is unlawful for any person who has chancroid,
   10  gonorrhea, granuloma inguinale, lymphogranuloma venereum,
   11  genital herpes simplex, chlamydia, nongonococcal urethritis
   12  (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or
   13  syphilis, or human immunodeficiency virus when such person knows
   14  he or she is infected with one or more of these diseases and
   15  when such person has been informed that he or she may
   16  communicate this disease to another person through sexual
   17  intercourse, to act with the intent to transmit that disease, to
   18  engage in conduct that poses a substantial risk of transmission
   19  to another person while the other person is unaware that the
   20  person is a carrier of the disease, and to transmit the disease
   21  to the other person. A person does not act with the required
   22  intent if the person takes practical means to prevent
   23  transmission or if the person informs the uninfected person that
   24  he or she has a sexually transmittable disease and offers to
   25  take practical means to prevent transmission but that offer is
   26  rejected by the uninfected person who subsequently contracts the
   27  disease. As used in this section, the term “practical means to
   28  prevent transmission” means good faith compliance with a
   29  treatment regimen prescribed by the person’s health care
   30  provider or with behavioral recommendation of the person’s
   31  health care provider or public health officials, which may
   32  include, but need not be limited to, the use of a prophylactic
   33  device to measurably limit the risk of transmission of the
   34  disease. However, evidence that a person did not take practical
   35  means to prevent transmission is not sufficient to establish
   36  that a person acted with the required intent have sexual
   37  intercourse with any other person, unless such other person has
   38  been informed of the presence of the sexually transmissible
   39  disease and has consented to the sexual intercourse.
   40         (2) It is unlawful for any person who has human
   41  immunodeficiency virus infection, when such person knows he or
   42  she is infected with this disease and when such person has been
   43  informed that he or she may communicate this disease to another
   44  person through sexual intercourse, to have sexual intercourse
   45  with any other person, unless such other person has been
   46  informed of the presence of the sexually transmissible disease
   47  and has consented to the sexual intercourse.
   48         Section 2. Subsections (1), (4), (5), and (6) of section
   49  384.34, Florida Statutes, are amended to read:
   50         384.34 Penalties.—
   51         (1) Any person who violates the provisions of s. 384.24 s.
   52  384.24(1) commits a misdemeanor of the first degree, punishable
   53  as provided in s. 775.082 or s. 775.083.
   54         (4) Any person who violates the provisions of the
   55  department’s rules pertaining to sexually transmissible diseases
   56  may be punished by a fine not to exceed $500 for each violation.
   57  Any penalties enforced under this subsection shall be in
   58  addition to other penalties provided by this chapter. The
   59  department may enforce this section and adopt rules necessary to
   60  administer this section.
   61         (5) Any person who violates s. 384.24(2) commits a felony
   62  of the third degree, punishable as provided in s. 775.082, s.
   63  775.083, or s. 775.084. Any person who commits multiple
   64  violations of s. 384.24(2) commits a felony of the first degree,
   65  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   66         (4)(6) Any person who obtains information that identifies
   67  an individual who has a sexually transmissible disease, who knew
   68  or should have known the nature of the information and
   69  maliciously, or for monetary gain, disseminates this information
   70  or otherwise makes this information known to any other person,
   71  except by providing it either to a physician or nurse employed
   72  by the Department of Health or to a law enforcement agency,
   73  commits a felony of the third degree, punishable as provided in
   74  s. 775.082, s. 775.083, or s. 775.084.
   75  
   76  ================= T I T L E  A M E N D M E N T ================
   77  And the title is amended as follows:
   78         Delete line 403
   79  and insert:
   80         An act relating to criminal justice; amending s.
   81         384.24, F.S.; revising the list of sexually
   82         transmitted diseases and unlawful acts with specified
   83         intent; defining the term “practical means to prevent
   84         transmission”; amending s. 384.34, F.S.; revising the
   85         penalties relating to rules and penalties pertaining
   86         to sexually transmissible diseases; conforming a
   87         cross-reference;