Florida Senate - 2020 SB 626
By Senator Pizzo
1 A bill to be entitled
2 An act relating to HIV prevention; providing a short
3 title; amending s. 381.0041, F.S.; providing that it
4 is a felony for certain persons who have human
5 immunodeficiency virus (HIV) infection to donate human
6 tissue to persons who are not HIV infected, with an
7 exception; amending s. 384.23, F.S.; providing
8 definitions; amending s. 384.24, F.S.; expanding the
9 scope of unlawful acts by a person infected with a
10 sexually transmissible disease; providing that certain
11 actions are not sufficient evidence to establish
12 intent on the part of the person who transmits the
13 disease; providing a definition; amending s. 384.34,
14 F.S.; providing applicability of criminal penalties
15 for specified violations; removing a fine for
16 specified rule violations; providing an effective
19 Be It Enacted by the Legislature of the State of Florida:
21 Section 1. This act may be cited as the “HIV Prevention
22 Justice Act.”
23 Section 2. Paragraph (b) of subsection (11) of section
24 381.0041, Florida Statutes, is amended to read:
25 381.0041 Donation and transfer of human tissue; testing
28 (b) Any person who has human immunodeficiency virus
29 infection, who knows he or she is infected with human
30 immunodeficiency virus, and who has been informed that he or she
31 may communicate this disease by donating blood, plasma, organs,
32 skin, or other human tissue who donates blood, plasma, organs,
33 skin, or other human tissue for use in another person commits
34 guilty of a felony of the third degree, punishable as provided
35 in s. 775.082, s. 775.083, or s. 775.084. This paragraph does
36 not apply if the donation is made specifically for a recipient
37 who knows that the donor is infected with human immunodeficiency
39 Section 3. Section 384.23, Florida Statutes, is amended to
41 384.23 Definitions.—As used in this chapter:
42 (1) “Department” means the Department of Health.
43 (2) “County health department” means agencies and entities
44 as designated in chapter 154.
45 (3) “Sexual conduct” means conduct between persons,
46 regardless of gender, which is capable of transmitting a
47 sexually transmissible disease, including, but not limited to,
48 contact between a:
49 (a) Penis and a vulva or an anus; or
50 (b) Mouth and a penis, a vulva, or an anus.
51 (4) (3) “Sexually transmissible disease” means a bacterial,
52 viral, fungal, or parasitic disease determined by rule of the
53 department to be sexually transmissible, to be a threat to the
54 public health and welfare, and to be a disease for which a
55 legitimate public interest will be served by providing for
56 prevention, elimination, control, and treatment. The department
57 must, by rule, determine which diseases are to be designated as
58 sexually transmissible diseases and shall consider the
59 recommendations and classifications of the Centers for Disease
60 Control and Prevention and other nationally recognized medical
61 authorities in that determination. Not all diseases that are
62 sexually transmissible need be designated for the purposes of
63 this act.
64 (5) “Substantial risk of transmission” means a reasonable
65 probability of disease transmission as proven by competent
66 medical or epidemiological evidence.
67 Section 4. Section 384.24, Florida Statutes, is amended to
69 384.24 Unlawful acts.—
70 (1) It is unlawful for any person who has chancroid,
71 gonorrhea, granuloma inguinale, lymphogranuloma venereum,
72 genital herpes simplex, chlamydia, nongonococcal urethritis
73 (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or
74 syphilis, when such person knows that he or she is infected with
75 one or more of these diseases and when such person has been
76 informed that he or she could may communicate this disease to
77 another person through sexual conduct intercourse, to act with
78 the intent to transmit the disease, to engage in have sexual
79 conduct that poses a substantial risk of transmission to another
80 person when the intercourse with any other person is unaware
81 that the person is a carrier of the disease, and to transmit the
82 disease to the , unless such other person has been informed of
83 the presence of the sexually transmissible disease and has
84 consented to the sexual intercourse.
85 (2) It is unlawful for any person who has human
86 immunodeficiency virus infection, when such person knows he or
87 she is infected with human immunodeficiency virus this disease
88 and when such person has been informed that he or she could may
89 communicate this disease to another person through sexual
90 conduct intercourse, to act with the intent to transmit the
91 disease, to engage in have sexual conduct that poses a
92 substantial risk of transmission to another person when the
93 intercourse with any other person is unaware that the person is
94 a carrier of the disease, and to transmit the disease to the ,
95 unless such other person has been informed of the presence of
96 the sexually transmissible disease and has consented to the
97 sexual intercourse.
98 (3) A person does not act with the intent set forth in
99 subsection (1) or subsection (2) if he or she complies in good
100 faith with a treatment regimen prescribed by his or her health
101 care provider or with the behavioral recommendations of his or
102 her health care provider or public health officials to limit the
103 risk of transmission, or if he or she offers to comply with such
104 behavioral recommendations, but such offer is rejected by the
105 other person with whom he or she is engaging in sexual conduct.
106 Evidence of the person’s failure to comply with such a treatment
107 regimen or such behavioral recommendations is not, in and of
108 itself, sufficient to establish that he or she acted with the
109 intent set forth in subsection (1) or subsection (2). For
110 purposes of this subsection, the term “behavioral
111 recommendations” includes, but is not limited to, the use of a
112 prophylactic device to limit the risk of transmission of the
114 Section 5. Section 384.34, Florida Statutes, is amended to
116 384.34 Penalties.—
117 (1) Any person who violates the provisions of s. 384.24(1)
118 commits a misdemeanor of the first degree, punishable as
119 provided in s. 775.082 or s. 775.083.
120 (2) Any person who violates s. 384.24(2) commits a
121 misdemeanor of the first degree, punishable as provided in s.
122 775.082 or s. 775.083. Any person who is convicted of a
123 violation of s. 384.24(2) based on conduct occurring after July
124 1, 2020, and who subsequently commits a second or subsequent
125 violation of s. 384.24(2), commits a felony of the third degree,
126 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
127 (3) (2) Any person who violates the provisions of s. 384.26
128 or s. 384.29 commits a misdemeanor of the first degree,
129 punishable as provided in s. 775.082 or s. 775.083.
130 (4) (3) Any person who maliciously disseminates any false
131 information or report concerning the existence of any sexually
132 transmissible disease commits a felony of the third degree,
133 punishable as provided in ss. 775.082, 775.083, and 775.084.
134 (4) Any person who violates the provisions of the
135 department’s rules pertaining to sexually transmissible diseases
136 may be punished by a fine not to exceed $500 for each violation.
137 Any penalties enforced under this subsection shall be in
138 addition to other penalties provided by this chapter. The
139 department may enforce this section and adopt rules necessary to
140 administer this section.
141 (5) Any person who violates s. 384.24(2) commits a felony
142 of the third degree, punishable as provided in s. 775.082, s.
143 775.083, or s. 775.084. Any person who commits multiple
144 violations of s. 384.24(2) commits a felony of the first degree,
145 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
146 (5) (6) Any person who obtains information that identifies
147 an individual who has a sexually transmissible disease, who knew
148 or should have known the nature of the information and
149 maliciously, or for monetary gain, disseminates this information
150 or otherwise makes this information known to any other person,
151 except by providing it either to a physician or nurse employed
152 by the Department of Health or to a law enforcement agency,
153 commits a felony of the third degree, punishable as provided in
154 s. 775.082, s. 775.083, or s. 775.084.
155 Section 6. This act shall take effect July 1, 2020.