Florida Senate - 2017                                    SB 1704
       
       
        
       By Senator Campbell
       
       
       
       
       
       38-01463A-17                                          20171704__
    1                        A bill to be entitled                      
    2         An act relating to sexually transmissible diseases;
    3         amending s. 384.23, F.S.; defining the term “sexual
    4         conduct”; amending s. 384.24, F.S.; expanding the
    5         scope of unlawful acts by a person infected with a
    6         sexually transmissible disease; expanding the list of
    7         sexually transmissible diseases; reenacting s.
    8         384.34(1) and (5), F.S., relating to penalties
    9         pertaining to transmission of sexually transmissible
   10         diseases; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 384.23, Florida Statutes, is amended to
   15  read:
   16         384.23 Definitions.—As used in this chapter, the term:
   17         (1) “Department” means the Department of Health.
   18         (2) “County health department” means agencies and entities
   19  as designated in chapter 154.
   20         (3) “Sexual conduct” means conduct between persons,
   21  regardless of gender, which is capable of transmitting a
   22  sexually transmissible disease, including but not limited to
   23  contact between a:
   24         (a) Penis and a vulva or an anus; or
   25         (b) Mouth and a penis, a vulva, or an anus.
   26         (4)(3) “Sexually transmissible disease” means a bacterial,
   27  viral, fungal, or parasitic disease determined by rule of the
   28  department to be sexually transmissible, to be a threat to the
   29  public health and welfare, and to be a disease for which a
   30  legitimate public interest will be served by providing for
   31  prevention, elimination, control, and treatment. The department
   32  must, by rule, determine which diseases are to be designated as
   33  sexually transmissible diseases and shall consider the
   34  recommendations and classifications of the Centers for Disease
   35  Control and Prevention and other nationally recognized medical
   36  authorities in that determination. Not all diseases that are
   37  sexually transmissible need be designated for the purposes of
   38  this act.
   39         Section 2. Section 384.24, Florida Statutes, is amended to
   40  read:
   41         384.24 Unlawful acts.—
   42         (1) It is unlawful for a any person who has chancroid,
   43  gonorrhea, granuloma inguinale, lymphogranuloma venereum,
   44  genital herpes simplex, chlamydia, nongonococcal urethritis
   45  (NGU), pelvic inflammatory disease (PID)/acute salpingitis,
   46  human papillomavirus, hepatitis, or syphilis, when the such
   47  person knows he or she is infected with one or more of these
   48  diseases and when the such person has been informed that he or
   49  she may communicate this disease to another person through
   50  sexual conduct intercourse, to engage in have sexual conduct
   51  intercourse with another any other person, unless the such other
   52  person has been informed of the presence of the sexually
   53  transmissible disease and has consented to the sexual conduct
   54  intercourse.
   55         (2) It is unlawful for a any person who has human
   56  immunodeficiency virus infection, when the such person knows he
   57  or she is infected with this disease and when the such person
   58  has been informed that he or she may communicate this disease to
   59  another person through sexual conduct intercourse, to engage in
   60  have sexual conduct intercourse with another any other person,
   61  unless the such other person has been informed of the presence
   62  of the sexually transmissible disease and has consented to the
   63  sexual conduct intercourse.
   64         Section 3. For the purpose of incorporating the amendment
   65  made by this act to section 384.24, Florida Statutes, in a
   66  reference thereto, subsections (1) and (5) of section 384.34,
   67  Florida Statutes, are reenacted to read:
   68         384.34 Penalties.—
   69         (1) Any person who violates the provisions of s. 384.24(1)
   70  commits a misdemeanor of the first degree, punishable as
   71  provided in s. 775.082 or s. 775.083.
   72         (5) Any person who violates s. 384.24(2) commits a felony
   73  of the third degree, punishable as provided in s. 775.082, s.
   74  775.083, or s. 775.084. Any person who commits multiple
   75  violations of s. 384.24(2) commits a felony of the first degree,
   76  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   77         Section 4. This act shall take effect October 1, 2017.