Bill Text: FL S0846 | 2019 | Regular Session | Introduced
Bill Title: HIV Prevention
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Health Policy [S0846 Detail]
Download: Florida-2019-S0846-Introduced.html
Florida Senate - 2019 SB 846 By Senator Pizzo 38-01286-19 2019846__ 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 an 4 exception to allow the donation of human tissue by a 5 person who has human immunodeficiency virus infection 6 under certain circumstances; reclassifying a criminal 7 offense relating to such donations; amending s. 8 384.23, F.S.; providing definitions; amending s. 9 384.24, F.S.; expanding the scope of unlawful acts by 10 a person infected with a sexually transmissible 11 disease; expanding the list of sexually transmissible 12 diseases to include human immunodeficiency virus 13 infection; providing that certain actions are not 14 sufficient evidence to establish intent on the part of 15 the person who transmits the disease; providing a 16 definition; amending s. 384.34, F.S.; reclassifying 17 specified criminal offenses; removing a fine for 18 specified rule violations; amending ss. 775.0877 and 19 921.0022, F.S.; conforming provisions to changes made 20 by the act; amending s. 960.003, F.S.; conforming 21 cross-references; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. This act may be cited as the “HIV Prevention 26 Justice Act.” 27 Section 2. Paragraph (b) of subsection (11) of section 28 381.0041, Florida Statutes, is amended to read: 29 381.0041 Donation and transfer of human tissue; testing 30 requirements.— 31 (11) 32 (b) Except when the donation is deemed medically 33 appropriate by a licensed physician, any person who has human 34 immunodeficiency virus infection, who knows he or she is 35 infected with human immunodeficiency virus, and who has been 36 informed that he or she may communicate this disease by donating 37 blood, plasma, organs, skin, or other human tissue who donates 38 blood, plasma, organs, skin, or other human tissue commitsis39guilty ofa misdemeanorfelonyof the firstthirddegree, 40 punishable as provided in s. 775.082 or,s. 775.083, or s.41775.084. 42 Section 3. Subsection (3) of section 384.23, Florida 43 Statutes, is renumbered as subsection (4) and a new subsection 44 (3) and subsection (5) are added to that section, to read: 45 384.23 Definitions.— 46 (3) “Sexual conduct” means conduct between persons, 47 regardless of gender, which is capable of transmitting a 48 sexually transmissible disease, including, but not limited to, 49 contact between a: 50 (a) Penis and a vulva or an anus; or 51 (b) Mouth and a penis, a vulva, or an anus. 52 (5) “Substantial risk of transmission” means a reasonable 53 probability of disease transmission as proven by competent 54 medical or epidemiological evidence. 55 Section 4. Section 384.24, Florida Statutes, is amended to 56 read: 57 384.24 Unlawful acts.— 58 (1) It is unlawful for any person who has chancroid, 59 gonorrhea, granuloma inguinale, lymphogranuloma venereum, 60 genital herpes simplex, chlamydia, nongonococcal urethritis 61 (NGU), pelvic inflammatory disease (PID)/acute salpingitis,or62 syphilis, or human immunodeficiency virus infection, when such 63 person knows he or she is infected with one or more of these 64 diseases and when such person has been informed that he or she 65 may communicate this disease to another person through sexual 66 conductintercourse, to act with the intent to transmit the 67 disease, to engage inhavesexual conduct that poses a 68 substantial risk of transmission to another person when the 69intercourse with anyother person is unaware that the person is 70 a carrier of the disease, and to transmit the disease to the,71unless suchother personhas been informed of the presence of72the sexually transmissible disease and has consented to the73sexual intercourse. 74 (2) A person does not act with the intent set forth in 75 subsection (1) if he or she in good faith complies with a 76 treatment regimen prescribed by his or her health care provider 77 or with the behavioral recommendations of his or her health care 78 provider or public health officials to limit the risk of 79 transmission, or if he or she offers to comply with such 80 behavioral recommendations, but such offer is rejected by the 81 other person with whom he or she is engaging in sexual conduct. 82 For purposes of this section, the term “behavioral 83 recommendations” includes, but is not limited to, the use of a 84 prophylactic device to limit the risk of transmission of the 85 disease. Evidence of the person’s failure to comply with such a 86 treatment regimen or such behavioral recommendations is not, in 87 and of itself, sufficient to establish that he or she acted with 88 the intent set forth in subsection (1)It is unlawful for any89person who has human immunodeficiency virus infection, when such90person knows he or she is infected with this disease and when91such person has been informed that he or she may communicate92this disease to another person through sexual intercourse, to93have sexual intercourse with any other person, unless such other94person has been informed of the presence of the sexually95transmissible disease and has consented to the sexual96intercourse. 97 Section 5. Section 384.34, Florida Statutes, is amended to 98 read: 99 384.34 Penalties.— 100 (1) Any person who violates s. 384.24the provisions of s.101384.24(1)commits a misdemeanor of the first degree, punishable 102 as provided in s. 775.082 or s. 775.083. 103 (2) Any person who violatesthe provisions ofs. 384.26 or 104 s. 384.29 commits a misdemeanor of the first degree, punishable 105 as provided in s. 775.082 or s. 775.083. 106 (3) Any person who maliciously disseminates any false 107 information or report concerning the existence of any sexually 108 transmissible disease commits a misdemeanorfelonyof the first 109thirddegree, punishable as provided in s. 775.082 or s. 775.083 110ss. 775.082, 775.083, and 775.084. 111 (4)Any person who violates the provisions of the112department’s rules pertaining to sexually transmissible diseases113may be punished by a fine not to exceed $500 for each violation.114Any penalties enforced under this subsection shall be in115addition to other penalties provided by this chapter. The116department may enforce this section and adopt rules necessary to117administer this section.118(5)Any person who violates s. 384.24(2) commits a felony119of the third degree, punishable as provided in s. 775.082, s.120775.083, or s. 775.084. Any person who commits multiple121violations of s. 384.24(2) commits a felony of the first degree,122punishable as provided in s. 775.082, s. 775.083, or s. 775.084.123(6)Any person who obtains information that identifies an 124 individual who has a sexually transmissible disease, who knew or 125 should have known the nature of the information and maliciously, 126 or for monetary gain, disseminates this information or otherwise 127 makes this information known to any other person, except by 128 providing it either to a physician or nurse employed by the 129 Department of Health or to a law enforcement agency, commits a 130 misdemeanorfelonyof the firstthirddegree, punishable as 131 provided in s. 775.082 or,s. 775.083, or s. 775.084. 132 Section 6. Subsections (1) and (3)of section 775.0877, 133 Florida Statutes, are amended to read: 134 775.0877 Criminal transmission of HIV; procedures; 135 penalties.— 136 (1) In any case in which a person has been convicted of or 137 has pled nolo contendere or guilty to, regardless of whether 138 adjudication is withheld, any of the following offenses, or the 139 attempt thereof, which offense or attempted offense involves the 140 transmission of body fluids from one person to another: 141 (a) Section 794.011, relating to sexual battery; 142 (b) Section 826.04, relating to incest; 143 (c) Section 800.04, relating to lewd or lascivious offenses 144 committed upon or in the presence of persons less than 16 years 145 of age; 146 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), 147 relating to assault; 148 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), 149 relating to aggravated assault; 150 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), 151 relating to battery; 152 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), 153 relating to aggravated battery; 154 (h) Section 827.03(2)(c), relating to child abuse; 155 (i) Section 827.03(2)(a), relating to aggravated child 156 abuse; 157 (j) Section 825.102(1), relating to abuse of an elderly 158 person or disabled adult; 159 (k) Section 825.102(2), relating to aggravated abuse of an 160 elderly person or disabled adult; 161 (l) Section 827.071, relating to sexual performance by 162 person less than 18 years of age; 163 (m) Sections 796.07 and 796.08, relating to prostitution; 164 or 165 (n)Section 381.0041(11)(b), relating to donation of blood,166plasma, organs, skin, or other human tissue; or167(o)Sections 787.06(3)(b), (d), (f), and (g), relating to 168 human trafficking, 169 170 the court shall order the offender to undergo HIV testing, to be 171 performed under the direction of the Department of Health in 172 accordance with s. 381.004, unless the offender has undergone 173 HIV testing voluntarily or pursuant to procedures established in 174 s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or 175 rule providing for HIV testing of criminal offenders or inmates, 176 subsequent to her or his arrest for an offense enumerated in 177 paragraphs (a)-(m)(a)-(n)for which she or he was convicted or 178 to which she or he pled nolo contendere or guilty. The results 179 of an HIV test performed on an offender pursuant to this 180 subsection are not admissible in any criminal proceeding arising 181 out of the alleged offense. 182 (3) An offender who has undergone HIV testing pursuant to 183 subsection (1), and to whom positive test results have been 184 disclosed pursuant to subsection (2), who commits a second or 185 subsequent offense enumerated in paragraphs (1)(a)-(m)(1)(a)186(n), commits criminal transmission of HIV, a felony of the third 187 degree, punishable as provided in s. 775.082 or,s. 775.083, or188s. 775.084. A person may be convicted and sentenced separately 189 for a violation of this subsection and for the underlying crime 190 enumerated in paragraphs (1)(a)-(m)(1)(a)-(n). 191 Section 7. Paragraph (e) of subsection (3) of section 192 921.0022, Florida Statutes, is amended to read: 193 921.0022 Criminal Punishment Code; offense severity ranking 194 chart.— 195 (3) OFFENSE SEVERITY RANKING CHART 196 (e) LEVEL 5 197 198 FloridaStatute FelonyDegree Description 199 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 200 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 201 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 202 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 203 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 204 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked. 205 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy. 206 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 207381.0041(11)(b)3rdDonate blood, plasma, or organs knowing HIV positive.208 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage. 209 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims. 210 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums. 211 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 212 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 213 790.01(2) 3rd Carrying a concealed firearm. 214 790.162 2nd Threat to throw or discharge destructive device. 215 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 216 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 217 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 218 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 219 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 220 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 221 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 222 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 223 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts. 224 812.019(1) 2nd Stolen property; dealing in or trafficking in. 225 812.131(2)(b) 3rd Robbery by sudden snatching. 226 812.16(2) 3rd Owning, operating, or conducting a chop shop. 227 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 228 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 229 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. 230 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons. 231 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 232 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 233 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 234 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. 235 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child. 236 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 237 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. 238 843.01 3rd Resist officer with violence to person; resist arrest with violence. 239 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 240 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment. 241 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 242 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 243 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 244 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs). 245 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 246 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university. 247 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. 248 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility. 249 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 250 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 251 Section 8. Paragraphs (a) and (b) of subsection (2) and 252 paragraph (a) of subsection (3) of section 960.003, Florida 253 Statutes, are amended to read: 254 960.003 Hepatitis and HIV testing for persons charged with 255 or alleged by petition for delinquency to have committed certain 256 offenses; disclosure of results to victims.— 257 (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION 258 FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.— 259 (a) In any case in which a person has been charged by 260 information or indictment with or alleged by petition for 261 delinquency to have committed any offense enumerated in s. 262 775.0877(1)(a)-(m)s. 775.0877(1)(a)-(n), which involves the 263 transmission of body fluids from one person to another, upon 264 request of the victim or the victim’s legal guardian, or of the 265 parent or legal guardian of the victim if the victim is a minor, 266 the court shall order such person to undergo hepatitis and HIV 267 testing within 48 hours after the information, indictment, or 268 petition for delinquency is filed. In the event the victim or, 269 if the victim is a minor, the victim’s parent or legal guardian 270 requests hepatitis and HIV testing after 48 hours have elapsed 271 from the filing of the indictment, information, or petition for 272 delinquency, the testing shall be done within 48 hours after the 273 request. 274 (b) However, when a victim of any sexual offense enumerated 275 in s. 775.0877(1)(a)-(m)s. 775.0877(1)(a)-(n)is under the age 276 of 18 at the time the offense was committed or when a victim of 277 any sexual offense enumerated in s. 775.0877(1)(a)-(m)s.278775.0877(1)(a)-(n)or s. 825.1025 is a disabled adult or elderly 279 person as defined in s. 825.1025 regardless of whether the 280 offense involves the transmission of bodily fluids from one 281 person to another, then upon the request of the victim or the 282 victim’s legal guardian, or of the parent or legal guardian, the 283 court shall order such person to undergo hepatitis and HIV 284 testing within 48 hours after the information, indictment, or 285 petition for delinquency is filed. In the event the victim or, 286 if the victim is a minor, the victim’s parent or legal guardian 287 requests hepatitis and HIV testing after 48 hours have elapsed 288 from the filing of the indictment, information, or petition for 289 delinquency, the testing shall be done within 48 hours after the 290 request. The testing shall be performed under the direction of 291 the Department of Health in accordance with s. 381.004. The 292 results of a hepatitis and HIV test performed on a defendant or 293 juvenile offender pursuant to this subsection shall not be 294 admissible in any criminal or juvenile proceeding arising out of 295 the alleged offense. 296 (3) DISCLOSURE OF RESULTS.— 297 (a) The results of the test shall be disclosed no later 298 than 2 weeks after the court receives such results, under the 299 direction of the Department of Health, to the person charged 300 with or alleged by petition for delinquency to have committed or 301 to the person convicted of or adjudicated delinquent for any 302 offense enumerated in s. 775.0877(1)(a)-(m)s. 775.0877(1)(a)303(n), which involves the transmission of body fluids from one 304 person to another, and, upon request, to the victim or the 305 victim’s legal guardian, or the parent or legal guardian of the 306 victim if the victim is a minor, and to public health agencies 307 pursuant to s. 775.0877. If the alleged offender is a juvenile, 308 the test results shall also be disclosed to the parent or 309 guardian. When the victim is a victim as described in paragraph 310 (2)(b), the test results must also be disclosed no later than 2 311 weeks after the court receives such results, to the person 312 charged with or alleged by petition for delinquency to have 313 committed or to the person convicted of or adjudicated 314 delinquent for any offense enumerated in s. 775.0877(1)(a)-(m) 315s. 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the 316 offense involves the transmission of bodily fluids from one 317 person to another, and, upon request, to the victim or the 318 victim’s legal guardian, or the parent or legal guardian of the 319 victim, and to public health agencies pursuant to s. 775.0877. 320 Otherwise, hepatitis and HIV test results obtained pursuant to 321 this section are confidential and exempt from the provisions of 322 s. 119.07(1) and s. 24(a), Art. I of the State Constitution and 323 shall not be disclosed to any other person except as expressly 324 authorized by law or court order. 325 Section 9. This act shall take effect July 1, 2019.