Florida Senate - 2020                                     SB 626
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-00459B-20                                           2020626__
    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
   17         date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   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
   26  requirements.—
   27         (11)
   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 is
   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
   38  virus.
   39         Section 3. Section 384.23, Florida Statutes, is amended to
   40  read:
   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
   68  read:
   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
  113  disease.
  114         Section 5. Section 384.34, Florida Statutes, is amended to
  115  read:
  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.