Senate Bill 626 (2020) — HIV prevention
SB 626
Florida Bills
Florida Senate - 2020 SB 626 By Senator Pizzo 38-00459B-20 2020626__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to HIV prevention; providing a short 2 title; amending s. 381.0041, F.S.; providing that it 3 is a felony for certain persons who have human 4 immunodeficiency virus (HIV) infection to donate human 5 tissue to persons who are not HIV infected, with an 6 exception; amending s. 384.23, F.S.; providing 7
definitions; amending s. 384.24, F.S.; expanding the 8 scope of unlawful acts by a person infected with a 9 sexually transmissible disease; providing that certain 10 actions are not sufficient evidence to establish 11 intent on the part of the person who transmits the 12 disease; providing a definition; amending s. 384.34, 13 F.S.; providing applicability of criminal penalties 14 for specified violations; removing a fine for 15 specified rule violations; providing an effective 16 date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20
Section 1. This act may be cited as the “HIV Prevention 21 Justice Act.” 22
Section 2. Paragraph (
b) of subsection (11) of
section 23 381.0041, Florida Statutes, is amended to read: 24 381.0041 Donation and transfer of human tissue; testing 25 requirements.— 26 (11) 27 (
b) Any person who has human immunodeficiency virus 28 infection, who knows he or she is infected with human 29
Florida Senate - 2020 SB 626 38-00459B-20 2020626__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. immunodeficiency virus, and who has been informed that he or she 30 may communicate this disease by donating blood, plasma, organs, 31 skin, or other human tissue who donates blood, plasma, organs, 32 skin, or other human tissue for use in another person commits is 33 guilty of a felony of the third degree, punishable as provided 34 in s. 775.082, s. 775.083, or s. 775.084. This paragraph does 35 not apply if the donation is made specifically for a recipient 36 who knows that the donor is infected with human immunodeficiency 37 virus. 38
Section
Section 384.23, Florida Statutes, is amended to 39 read: 40 384.23
Definitions.—As used in this chapter: 41 (1) “Department” means the Department of Health. 42 (2) “County health department” means agencies and entities 43 as designated in
chapter 154. 44 (3) “Sexual conduct” means conduct between persons, 45 regardless of gender, which is capable of transmitting a 46 sexually transmissible disease, including, but not limited to, 47 contact between a: 48 (
a) Penis and a vulva or an anus; or 49 (
b) Mouth and a penis, a vulva, or an anus. 50 (4)(3) “Sexually transmissible disease” means a bacterial, 51 viral, fungal, or parasitic disease determined by rule of the 52 department to be sexually transmissible, to be a threat to the 53 public health and welfare, and to be a disease for which a 54 legitimate public interest will be served by providing for 55 prevention, elimination, control, and treatment. The department 56 must, by rule, determine which diseases are to be designated as 57 sexually transmissible diseases and shall consider the 58
Florida Senate - 2020 SB 626 38-00459B-20 2020626__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. recommendations and classifications of the Centers for Disease 59 Control and Prevention and other nationally recognized medical 60 authorities in that determination. Not all diseases that are 61 sexually transmissible need be designated for the purposes of 62 this act. 63 (5) “Substantial risk of transmission” means a reasonable 64 probability of disease transmission as proven by competent 65 medical or epidemiological evidence. 66
Section
Section 384.24, Florida Statutes, is amended to 67 read: 68 384.24 Unlawful acts.— 69
(1) It is unlawful for any person who has chancroid, 70 gonorrhea, granuloma inguinale, lymphogranuloma venereum, 71 genital herpes simplex, chlamydia, nongonococcal urethritis 72 (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or 73 syphilis, when such person knows that he or she is infected with 74 one or more of these diseases and when such person has been 75 informed that he or she could may communicate this disease to 76 another person through sexual conduct intercourse, to act with 77 the intent to transmit the disease, to engage in have sexual 78 conduct that poses a substantial risk of transmission to another 79 person when the intercourse with any other person is unaware 80 that the person is a carrier of the disease, and to transmit the 81 disease to the, unless such other person has been informed of 82 the presence of the sexually transmissible disease and has 83 consented to the sexual intercourse. 84
(2) It is unlawful for any person who has human 85 immunodeficiency virus infection, when such person knows he or 86 she is infected with human immunodeficiency virus this disease 87
Florida Senate - 2020 SB 626 38-00459B-20 2020626__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. and when such person has been informed that he or she could may 88 communicate this disease to another person through sexual 89 conduct intercourse, to act with the intent to transmit the 90 disease, to engage in have sexual conduct that poses a 91 substantial risk of transmission to another person when the 92 intercourse with any other person is unaware that the person is 93 a carrier of the disease, and to transmit the disease to the, 94 unless such other person has been informed of the presence of 95 the sexually transmissible disease and has consented to the 96 sexual intercourse. 97
(3) A person does not act with the intent set forth in 98 subsection (1) or subsection (2) if he or she complies in good 99 faith with a treatment regimen prescribed by his or her health 100 care provider or with the behavioral recommendations of his or 101 her health care provider or public health officials to limit the 102 risk of transmission, or if he or she offers to comply with such 103 behavioral recommendations, but such offer is rejected by the 104 other person with whom he or she is engaging in sexual conduct. 105 Evidence of the person’s failure to comply with such a treatment 106 regimen or such behavioral recommendations is not, in and of 107 itself, sufficient to establish that he or she acted with the 108 intent set forth in subsection (1) or subsection (2).
For 109 purposes of this subsection, the term “behavioral 110 recommendations” includes, but is not limited to, the use of a 111 prophylactic device to limit the risk of transmission of the 112 disease. 113
Section
Section 384.34, Florida Statutes, is amended to 114 read: 115 384.34 Penalties.— 116
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(1) Any person who violates the provisions of s. 384.24(1) 117 commits a misdemeanor of the first degree, punishable as 118 provided in s. 775.082 or s. 775.083. 119
(2) Any person who violates s. 384.24(2) commits a 120 misdemeanor of the first degree, punishable as provided in s. 121 775.082 or s. 775.083. Any person who is convicted of a 122 violation of s. 384.24(2) based on conduct occurring after July 123 1, 2020, and who subsequently commits a second or subsequent 124 violation of s. 384.24(2), commits a felony of the third degree, 125 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 126 (3)
(2) Any person who violates the provisions of s. 384.26 127 or s. 384.29 commits a misdemeanor of the first degree, 128 punishable as provided in s. 775.082 or s. 775.083. 129 (4)
(3) Any person who maliciously disseminates any false 130 information or report concerning the existence of any sexually 131 transmissible disease commits a felony of the third degree, 132 punishable as provided in ss. 775.082, 775.083, and 775.084. 133
(4) Any person who violates the provisions of the 134 department’s rules pertaining to sexually transmissible diseases 135 may be punished by a fine not to exceed $500 for each violation. 136 Any penalties enforced under this subsection shall be in 137 addition to other penalties provided by this chapter. The 138 department may enforce this
section and adopt rules necessary to 139 administer this section. 140
(5) Any person who violates s. 384.24(2) commits a felony 141 of the third degree, punishable as provided in s. 775.082, s. 142 775.083, or s. 775.084. Any person who commits multiple 143 violations of s. 384.24(2) commits a felony of the first degree, 144 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 145
Florida Senate - 2020 SB 626 38-00459B-20 2020626__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. (5)
(6) Any person who obtains information that identifies 146 an individual who has a sexually transmissible disease, who knew 147 or should have known the nature of the information and 148 maliciously, or for monetary gain, disseminates this information 149 or otherwise makes this information known to any other person, 150 except by providing it either to a physician or nurse employed 151 by the Department of Health or to a law enforcement agency, 152 commits a felony of the third degree, punishable as provided in 153 s. 775.082, s. 775.083, or s. 775.084. 154